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  • Terms of Use
  • Digital Downloading Terms and Agreement

THIS AGREEMENT GOVERNS YOUR USE OF THE MYSIZEPATTERNS WEBSITE. 

1. Introduction

Please read these terms of sale carefully. This web site, including all of its features and content (the “Web Site”) is a service made available by MySizePatterns or its affiliates (“Provider”) and all content, information and services ordered or provided on or through this website (“Content”) may be used solely under the following terms and conditions (“Terms of Use”). Access and use of this Web site is provided by MySizePatterns to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

MySizePatterns may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes. You will be asked to expressly agree to these terms before you place an order for products on our website.

2. Interpretation

In these terms of use “we” means MySizePatterns (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

3. Use of the Site

This Web site and its contents (the "Content") are intended for customers of MySizePatterns. You may not use this Web site or the Content for any purpose not related to your business with MySizePatterns. You are specifically prohibited from: (a) unauthorized downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written agreement with MySizePatterns; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any MySizePatterns product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

4. Intellectual Property

All intellectual property rights and / or know-how in and / or related to the Products (“IPR”) are owned by and shall remain the property of MySizePatterns. No IPR shall be transferred to the customer by virtue of any contract or similar document, and no licenses to any IPR shall be granted to the customer, even if the products have been designed, developed and / or manufactured specifically for the customer. All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of MySizePatterns and its licensors and are protected by copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with MySizePatterns, any other use of these Materials without MySizePatterns written permission is strictly prohibited. The Customer shall immediately alert MySizePatterns in writing if it becomes aware that a third party infringes or threatens to infringe any IPR of MySizePatterns, or if third parties should be of the view that any products infringe their own industrial or intellectual property rights or know how.

5. Privacy

MySizePatterns is committed to respecting the privacy of the personal information of the individuals with whom we interact. Please see our Privacy Policy for further details.

6. Consumers: statutory rights

If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of use.

7. Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

  1. you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout.
  2. if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details.
  3. once you are logged in, you must check and confirm your order and your consent to these terms of sale.
  4. depending on which payment preference you choose either Stripe or PayPal will handle your payment.
  5. we will then send you an acknowledgement by email and provide access to the downloadable patterns and sewing guide in PDF.

We will not file a copy of these terms of use specifically in relation to your order. We may update the version of these terms of use on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

Secure ordering

With MySizePatterns, safety is of paramount importance. That is why we treat your data strictly confidential. With these guidelines, you can help us to protect your personal information.

  • Never give up your MySizePatterns account details such as your login name and password to others.
  • Carefully choose an original and strong password.
  • Check that the Web address is displayed correctly. You do this by seeing if there is a green lock icon in the address bar is present and see if the Web address begins with ' https://www.mysizepatterns.com '. 
  • Beware of internet scams by spam and fake emails. 

8. The products

MySizePatterns supply content in a downloadable digital format. Purchaser may download digitized versions of patterns and sewing guides ("Downloads") under these terms and conditions. The Downloads are in portable document format (PDF).

9. Price and payment

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of €25,- (EURO); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).

Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

10. Accuracy of Web site

MySizePatterns updates the information on this Web site regularly. However, MySizePatterns cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. MySizePatterns may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

11. Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that MySizePatterns monitors or endorses these Web sites. MySizePatterns does not accept any responsibility for such Web sites. MySizePatterns shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

12. Force majeure

In this Section and Section 13 below, “force majeure event” means:

(a)any event which is beyond our reasonable control;

(b)power failure, disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of use, those obligations will be suspended for the duration of the force majeure event.

13. Limitations and exclusions of liability

Nothing in the terms of use will:(a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of use.

The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of use]: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

If you are a business Customer, we will not be liable to you in respect of any loss or corruption of any data, database or software.

If you are a business Customer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

14. Indemnification

You agree to indemnify and hold MySizePatterns harmless against all claims or liability asserted against MySizePatterns arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Feel free to contact MySizePatterns; The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. MySizePatterns is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

  • MySizePatterns has no obligation concerning such information;
  • the information is non-confidential;
  • MySizePatterns may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

15. Scope of this terms of use

This terms of use do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

16. General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of use may only be varied by an instrument in writing signed by both you and us. We may revise these terms of use from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of use is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of use, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of use.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of use. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of use, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of use.

Each contract under these terms of use is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

These terms of use contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of use have been made by or on behalf of the other party in relation to the purchase of products from our website.

The only language in which we provide these terms of sale is English.

MySizePatterns failure to insist upon or enforce strict performance of any provision of these Terms of use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

You must provide correct, current and complete information during the registration process. You also agree to maintain and promptly update your account information to keep it accurate, current and complete. What we do with the information you provide and how we may use it is governed by our Privacy Policy. For violations caused by incorrect information, we reserve the right to respond to the violation within the limits of the law, and without prior notification or warning. Such response can include termination of the violator's use of the site, banning of future use, legal redress, or any other action deemed appropriate by MySizePatterns. For tax purposes, if we can't determine the place of the service, we will initiate infringement proceedings against the customer in case of claims and fines from concerned tax authorities. 

Contact

If you have concerns relating to this web site or these Terms of Use, please Contact MySizePatterns

© 2018 MySizePatterns. All rights reserved.

CONTENT USE AGREEMENT

This Agreement governs the terms by which clients of MySizePatterns obtain the right to use the digital content of MySizePatterns through the website located at www.mysizepatterns.com (the “Site”). This Content License Agreement is in addition to the Terms of Use applicable to the Site and to all persons downloading content from the Site. In the event of any inconsistency between this Agreement and the Terms of Use (both of which are incorporated into this Agreement by reference), the terms of this Agreement shall govern.

1. Background of Agreement

(a) By downloading content from this site and/or the purchase of any downloads, you accept this Agreement, and agree to be bound by its provisions.  

(b) In this Agreement: (i) “you” or the “Client” means you (the person downloading the content), (ii) “MySizePatterns” or “we” means MySizePatterns, operator of the Site; and (iii) “Content” means any pattern, sewing guide, image, illustration, animation, film or video footage or any digital media or other material that you are downloading from the Site.

2. Downloading Terms

MySizePatterns supplies content in a downloadable digital format. Purchaser may download digitized versions of patterns and sewing guides ("Downloads") under these terms and conditions. The Downloads are in portable document format (PDF) format. We hereby grant to you perpetual, non-exclusive, non-transferable, worldwide permission to use the Content for the Permitted Uses only (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by MySizePatterns. The PDF products and information available for purchase on this website are either owned by or licensed to MySizePatterns. MySizePatterns and its licensors retain all proprietary rights to these materials. If there is any doubt that a proposed use is a Permitted Use, you should contact MySizePatterns for guidance.

3. Permitted Uses

(a) You may use the Content for personal use on your personal devices only. For clarity, you may not use the Content in products for resale, license or any other distribution. For example, you cannot superficially modify the Content and/or sell it to others for consumption, reproduction or re-sale. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright!

(b) Seat Restrictions. Only you are permitted to use the Content for personal use, although you may transfer files among your personal devices such as phone, tablet, laptop or desktop computer. You may physically transfer the Content from one location to another i.e: distributing it among your personal devices. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or individual. You may make only one (1) copy of the Content solely for back-up purposes.

(c) Any additional permitted uses must be approved in writing by MySizePatterns. The only exception is for charity or other non-profit purposes provided that credits are given to MySizePatterns designs and where possible the link to www.mysizepatterns.com is present.

4. Terms of Agreement

(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from MySizePatterns if at any time you fail to comply with any of it's terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to MySizePatterns in writing that you have complied with these requirements.

(b) Purchaser's rights under the Terms of Use will automatically terminate without notice from MySizePatterns if Purchaser fails to comply with any of its terms. In case of such termination, Purchaser must cease all use of the Downloads, and MySizePatterns may immediately revoke Purchaser's ability to purchase any further Downloads without notice to Purchaser and without refund. MySizePatterns' failure to insist upon or enforce Purchaser's strict compliance with the Terms of Use will not constitute a waiver of any of its rights. MySizePatterns may amend any of the Terms of Use at its sole discretion by posting the revised terms on its website (www.mysizepatterns.com). Purchaser's purchase of subsequent Downloads after any such amendment's effective date evidences Purchaser's agreement to be bound by it.

(c) Upon notice from MySizePatterns, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which MySizePatterns may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage (electronic or physical). MySizePatterns shall provide you with replacement Content (which shall be determined by MySizePatterns in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

(d) Third-Party Beneficiaries. Downloads copyright owners are intended third-party beneficiaries under the Terms of Use and may enforce the Terms of Use against Purchaser and invoke all rights hereunder including limitations of liability.

5. Representations and Warranties

(a) While we have made reasonable efforts to correctly categorize, keyword, caption and title the Content, MySizePatterns does not warrant the accuracy of such information. Additionally, MySizePatterns does not warrant the accuracy of any metadata that may be provided with the Content.

(b) The products and information on this website are provided "as is" without representations or warranties of any kind, including but not limited to the accuracy, completeness, or results obtained through use of these materials. You agree that your use of the products and information on this website is at your sole risk. Should the content prove defective, you (and not MySizePatterns) assume the entire risk and cost of all necessary corrections. To the fullest extent permitted by applicable law, MySizePatterns disclaims all warranties, express and implied, including, but not limited to, implied representations, warranties or conditions of merchantability and fitness for a particular purpose. MySizePatterns will not be liable for any damages of any kind arising from the use of the products and information on this site, including, but not limited to, direct, indirect, incidental, consequential, and punitive damages. MySizePatterns does not warrent that the downloads are free of viruses or other harmful components. MySizePatterns will not be liable for any damages of any king arising from the purchase and/or use of downloads on or otherwise made available to purchaser through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

6. General Provisions

(a) You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.

(b) MySizePatterns’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

(c) This Agreement is personal to you and is not assignable by you without MySizePatterns’ prior written consent.

(d) The parties have agreed that this Agreement and all related documents be drawn up in English.

(e) All Downloads sales are final. Once a product has been purchased by you, no right of cancellation or refund exists due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. 

(f) Downloading and Risk of Loss. Once Purchaser has purchased Downloads, Purchaser is encouraged to download it promptly and to make a back-up copy of it. If Purchaser is unable to complete a download after having reviewed the online help resources, Purchaser shall contact MySizePatterns customer service for assistance. Purchaser bears all risk of loss after purchase including any loss of the Downloads or as a result of downloading, including any loss due to a computer or hard drive crash.

(g) MySizePatterns may, from time to time, remove Downloads from the website without notice.

(h) We reserve the right to alter any of our prices from time to time.

(i) Purchaser agrees that MySizePatterns has no liability to Purchaser for Downloads Purchaser finds to be offensive, indecent or objectionable.

7. Contact information

If you have concerns relating to this Agreement, please contact MySizePatterns through our contact form by clicking on the Contact link in the footer on this website.

8. Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF MYSIZEPATTERNS AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MYSIZEPATTERNS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MYSIZEPATTERNS RELATING TO THE SUBJECT OF THIS AGREEMENT.

 

© 2018 MySizePatterns, All rights reserved

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