Terms and Conditions
In these terms and conditions, the expressions “we”, “us” and “our” are a reference to F.H.S.A. Pty Ltd T/A Pattern Souk ABN 46 163 327 562.
These terms and conditions apply to your use of this website, including the purchase of goods and/or services in relation to clothing patterns, pattern making and sewing over this website (“Products”).
Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
In order to be able to access some of the information offered on this website and purchase Products offered on this website, you must become a member. To register as a member, you must complete your membership details in the manner described on the website. Depending on the type of your membership of this website, you may be charged an upfront or ongoing membership fee as specified on the website.
We reserve the right to terminate your membership at any time if we reasonably believe you have breached these terms and conditions, and in the event of such termination, we are not required to refund any part of the membership fee you paid.
You agree to ensure that your membership details are true and accurate at all times. Specifically, you must notify us of any change to your membership details as originally supplied.
Upon registration as a member of this website, you will be designated a password and account name. You acknowledge and agree that you must keep your username and password confidential, and that you are responsible for all acts or omissions (including orders for Products placed or membership fees incurred) using your username and password, except to the extent that you provided us with a prior written request that your membership be terminated or suspended by reason of an actual or suspected security breach.
You may offer to purchase Products or memberships as described on this website for the price specified on this website.
Your order must contain your name, email address, delivery address and any other ordering information specified on this website. Orders must be placed using PayPal.
Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase. You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase the Products for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. If we have not responded to you within seven days, your offer will be deemed to be rejected.
We give no undertaking as to the availability of Products advertised on this website.
Delivery of the Products to you will be effected in the manner described on this website.
Licence to the Products does not pass to you until payment has been received by us.
Risk of loss or damage to the Products passes to you upon dispatch of the Products by us.
Payment must be effected in the manner described on the website and using PayPal. Prices are exclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
The Products are offered for sale only to persons who can make legally binding contracts.
Cancellation due to error
You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of Products to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
The following terms and conditions apply to any Products purchased by you.
- We grant you a licence to use the Product for making clothing for your personal use only. We may cancel this licence at any time if we reasonably believe that you have failed to comply with your obligations under these terms and conditions.
- You must not use the Product in connection with a business, you must not on-sell or re-supply the Products or any clothing made using any Product in the course of a business or for commercial purposes, and you must not reproduce any Product except for making clothing for your personal use.
- We do not warrant that all intellectual property rights in the Product are owned by us or that the Product will not infringe the intellectual property rights of any third party.
- You must not assign or transfer your rights as licensee in relation to any Product without our prior written consent which may be withheld at our discretion.
All information provided by us on our website is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We reserve the right to update this information at any time. We do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us.
Sketches or pictures of clothing on our website are indicative only. You acknowledge and agree that results may vary based on a number of factors including the material, equipment and skill used by you in connection with the relevant Product.
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites or PayPal.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, PayPal or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
Exception to disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that Products acquired from us over this website will meet your requirements.
Sketches and pictures of clothing on this website are an indication only and clothing made using the Products may vary from such sketches and pictures.
Details contained on this website or relating to the Products have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those Products will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this website (including text, graphics, sketches, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website or the Products; or
- commercialise any information or Products obtained from any part of this website;
without our written permission which may be withheld at our discretion.
If you use any of our trade marks in reference to our activities or Products, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this website).
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use and you may purchase and use our Products only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information or Products obtained from or through this website.
How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts or in of that jurisdiction.
You acknowledge and agree that we accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
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