www.femmesdesigners.com and its related sites, products, services, mobile applications, and tools (individually and collectively, the “Site”) are owned and operated Femmes Designers Ltd, registered in England and Wales under company number 13269497 and have our registered office at Unit 1 The Cam Centre, Wilbury Way, Hitchin, Hertfordshire, England, SG4 0TW (“We” “our” or “us”).

These terms and conditions govern your (“User” or “You”) use of and conduct on the Site. Should you enter into any engagement with any person or entity available on the or via the Site (“Innovators”) or purchase any item(s) on the Site, the terms and conditions set out in this User Agreement & Conditions of Sale (“Our Conditions”) shall govern both your engagement with any Innovator and / or your transaction as prospective User.

Our Conditions can potentially change at any time, and it is up to You to check them regularly before ordering products or engaging an Innovator, as the case may be, in case there are any changes. If You do not agree with Our Conditions, You should not use or access the Site. We reserve the right to modify or withdraw the Site at any time.

If you have any queries about Our Conditions, please contact our Customer Service Office on contact@femmesdesigners.com.

The Site.

The Site provides an online platform for prospective Users relative to:

(i) the sale of our goods (“Items”); and (ii) linking customers interested in acquiring expertise, consultancies, goods or services from any of our Innovators (“Innovator Services”). In the event of the engagement of any Innovator Services, the relationship shall be directly between the User and the Innovator unless otherwise expressly specified; in the event of the sale of an Item, the sale shall be governed by clause 6; and both transactions shall be governed by Our Conditions.

Terms of Use.

We provide Users with access to and use of the Site subject to your compliance with Our Conditions and the Privacy Policy. Your use of the Site constitutes your express agreement to Our Conditions and our privacy policy. If you do not agree to Our Conditions or our privacy policy, you may not access or use the Site.

Our Role in the Innovator Services.

(a) We shall make the Site available and maintain the Site for Innovators and Users. We are an intermediary and not an agent or fiduciary for any Innovator or User for any purpose. We are not responsible for the actual sale of any Innovator Services and do not control the information provided by Innovators or Users, nor their acts or omissions. We are independent from Innovators and Users and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Site by us.

(b) Innovators and Users are prohibited from using us or the Site to contact each other to make offers for collaboration outside of the methods provided for by the Site or without our express written consent. Innovators and Users are also prohibited from using information obtained from or via the Site to contact each other about business or other collaborations beyond the methods provided for by the Site or without our express written consent.

(c) If a User attempts to breach these guidelines, we may limit, restrict, or suspend the User from using any feature of Site. The User may also forfeit any special account status and/or discount rate. The User may also be subject to the application of fees and recovery of our expenses in policy monitoring and enforcement.

(d) We may, but are not obligated to, provide intermediary services between Users and Innovators in connection with customer service or dispute resolution matters. In the event We elect in our sole discretion to provide intermediary services, then our decision is final and binding on all parties and cannot be appealed, challenged or reversed unless a judgment is obtained from a competent court.

Registration and Account Access.

(a) Registration may be required in order to use the Site. Registrants are required to provide certain information such as a valid email address, and to select a password to be used to create and access their accounts. This password and other registration details should be kept safe and not shared with anyone. Registrants may voluntarily provide additional information in the registration process to personalize their accounts. Registrants may access their accounts to view their profile information as well as transaction information by clicking the icon on the home page of the Site after logging in.

(b) Users may cancel their registration and account at any time. For your security, requests to terminate accounts must originate from the registered email account with us addressed to contact@femmesdesigners.com. Under no circumstances will a cancellation request received via the phone or otherwise be accepted.

Eligibility to Use the Site.

Minors are not permitted to use the Site. Users must be 18 years of age or older to use this Site. This Site is not directed at children under the age of 13 and does not knowingly collect information from such minor children.

CONDITIONS OF SALE OF OUR ITEMS

Items Available on the Site.

(a) All Items ordered by you are for your own private and domestic use only and are not for resale. All details you provide to the Site for the purpose of ordering or purchasing goods must be true, accurate, current and complete in all respects; and the credit or debit card you are using must be your own and there must be sufficient funds in your account to cover payment of the Item(s) ordered. You agree that email can be used as a long-distance means of communication.

(b) We undertake to present the essential characteristics of the Items processed. The photographs illustrating the Items may, in some cases, not be 100% identical to the Item itself, for reasons linked to the continuous search of design and colouring, without however compromising its quality that will in any case equivalent if not improved.

(c) The prices listed on the website are expressed in Euro/Pound/Dollar and are tax included prices. Since rates of ever-changing suppliers, the prices listed on the site are subject to change at any time and without notice. They are also likely to change for reasons related to a product launch, promotions and sales. Please note: all prices are given subject to any typos.

(d) For all orders placed on the Site You will automatically receive an order confirmation via e-mail address indicated by You in your order request.

(e) No complaints will be considered valid if reported after fourteen (14) days of receipt of the material. Complaints must be sent to customer service in writing (by email). Authorized returns must reach us accompanied by the transport document stating the number and date of invoice for the original delivery.

(f) We are happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped, through any circumstance that is our error within 14 days from the date of delivery and if the item is in stock.

(g) We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.

(h) If an error is discovered in the price of the Items that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for an Item that was advertised at an incorrect price. In the event that you order an Item and the price published on the Site is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within thirty (30) days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.

(i) In the unlikely event that you receive Items which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within ten (10) working days of delivery of the Items plus return the Items to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.

(j) We have taken every measure to provide accurate product images for each Item for sale on the Site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual Item.

(k) The Items sold via the Site are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any Items.

(l) We will have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions, postal delays and any other similar events.

(m) To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Items. This does not affect your statutory rights as a consumer.

(n) We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with our Conditions for:

• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

• Any loss of goodwill or reputation; or

• Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under Our Conditions.

Nothing in Our Conditions will exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Refusal of Transaction.

We reserve the right to withdraw any Item from the Site, to amend any content on the Site, or to refuse service to anyone at any time in its sole discretion. We will not be liable to any User or any other third party because it has withdrawn any Item from the Site, amended any of the content or denied access to the Site.

Modification.

(a) We have control over the look, feel, content, operations and evolution of the Site, and may modify the Site and any content in our sole discretion.

(b) We may modify Our Conditions from time to time without notice to you. The provisions contained herein supersede all prior notices or statements regarding Our Conditions with respect to this Site. We encourage you to check the Site frequently and before making any purchases on the Site to see the current Terms in effect and any changes that may have been made. By using the Site following any modifications to Our Conditions you agree to be bound by the modifications.

(c) We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Prohibited Use.

The Site may be used only for lawful purposes by individuals using our authorized services. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. We specifically prohibits any use of the Site, and requires all Users and Innovators to agree not to use the Site, for any of the following:

(i) posting any information or using a payment mechanism which is incomplete, false, inaccurate or not your own;

(ii) impersonating another person;

(iii) constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

(iv) posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

(v) posting material that reveals trade secrets, unless you own them or have the permission of the owner;

(vi) posting material that infringes on any other intellectual property, privacy or publicity right of another;

(vii) transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of export control laws; or

(viii) attempting to interfere in any way with the Site’s or our networks or network security, or attempting to use the Site to gain unauthorized access to any other computer system.

Termination of Use.

We expressly reserve the right to terminate the use of, or to refuse to permit the use of, the Site by any person or entity, at our sole discretion, for any reason or no reason at all, and without prior notice. In the event of termination, any rights or obligations regarding pending or completed purchases, or your indemnity obligations related to use of the Site, shall survive such termination.

Indemnity.

All Users and Innovators agree to defend, indemnify and hold us., our affiliates, or any of our respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, vendors, contractors, and representatives harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with their use of the Site, their purchase or sale of Items, the nature or quality of items, their disputes with any Innovator or User, as the case may be, in connection with use of the Site, their violation of any law, or their violation of Our Conditions or their posting or transmission of any content or materials on or through the Site, including, but not limited to, any third party claim that any information or materials such Site user provides infringes any third party proprietary right.

All Site users agree to cooperate as fully as reasonably required in the defense of any claim. This indemnification obligation will survive the termination of Our Conditions and your use of the Site.

Choice of Law.

Our Conditions, and any dispute arising therefrom, shall be governed by and in accordance with the laws of England and Wales.

General Information.

If any provision of Our Conditions is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of Our Conditions and will not affect the validity and enforceability of the rest of Our Conditions. Failure of We to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to us under Our Conditions or at law. Our Conditions represent the entire agreement between Users, Innovators and us, and supersede and replace any other agreement between the parties including but not limited to any previous terms as they may have applied between Users, Innovators and us.

Paragraph headings are for convenience only and not for interpretation of Our Conditions.