TERMS & CONDITIONS OF USE
Updated March 30, 2026
Article 1 - Acceptance of These Terms and Conditions: The following Terms and Conditions (including our Privacy Policy) set forth the legal terms and conditions which apply to your use of our Designers Direct mobile devise application and our website http://www.designersdirect.fr, any of its sub-domains and any mobile device application or desktop application developed by us or on our behalf (jointly and individually referred to as the “Online Applications”). They also govern the other services that we provide through the Online Applications and which we have specified in article 4 below (the “Services”).
The access to the Online Applications (also if you are just browsing them) and the provision of our Services are conditioned upon your acceptance of the following Terms and Conditions (including our Privacy Policy), so by making use of them, we consider you to automatically agree to be bound by these Terms and Conditions. Therefore please read them carefully and make sure that you understand them before using the Online Applications and take advantage of the Services we provide. If you do not accept these Terms and Conditions, you will not be permitted to use the Online Applications and you should stop using the Services. If you notwithstanding continue to use the Online Applications or if you order products, we will consider this as your acceptance of these Terms and Conditions, which therefore details our and your rights and responsibilities in relation to the Online Applications, the Services we provide, as well as your purchase of the products from the Designers.
Please also note that we might modify these Terms and Conditions from time to time, so please check the Online Applications regularly, and especially each time you use the Services to order products, to ensure you understand the legal terms which apply at that time. Any changes made after you have placed an order will not affect that purchase unless we are required to make the change by law.
Article 2 - Parties: When we refer to “Designers Direct", "we", "us" or “our" in these Terms and Conditions, we mean our legal entity Joselia SAS, a company trading under the registered tradename “Designers Direct” and incorporated in Paris, France. Our registered company number is RCS Paris B 892 034 711 and our VAT number is FR51892034711. Where we refer to "you" or "your" we mean you as the person accessing the Online Applications, using the Services and purchasing the products from the Designers.
Article 3 - Designer Representation: We, along with our affiliates, provide the Services to you through the Online Applications. Further details of the Services we provide are explain in Article 4 below. Please note, however, that when you purchase products using our Online Applications, you are not purchasing them from Designers Direct, but directly from the third party fashion designers and/or fashion brands (jointly referred to herein as the "Designer(s)") that have uploaded and listed their products for sale through thƒe Online Applications. It is important that you understand that the contract for the purchase of the products is between you and the relevant Designer, and that they are not bought from us. We are only acting as agent on behalf of the Designers, which are the principals. We are authorized by the relevant Designers to conclude the contract on their behalf, and to issue invoices, but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Designers and the contract between you and the Designers in relation to your purchase of the products are set out in Article 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 21, 22, 23 and 24 below.
Article 4 - Our Services: Designers Direct is a marketplace that allows Designers to promote their vision and sell their creations worldwide using a variety of formats. The services we offer through the Online Applications (referred to as the “Services”) allow you to: (i) search and discover trending Designers, fashion products and colours; both globally and locally, (ii) search for fashion products with matching or harmonizing colours to the items you already have or you want to purchase, (iii) clarify the sustainability level of the fashion items you are interested in, (iv) communicate directly with the Designers to request custom-made items etc., (v) negotiate prices of certain fashion products which you love, but find too expensive, as well as (vi) purchasing products from a large number of Designers worldwide. As part of the Services, we also provide some ancillary services such as preparing of invoices, coordination and information about the delivery of the products, providing you with certain customer service assistance and payment processing without additional charge for you. However, Designers Direct is as mentioned previously not a party to contracts for sale between the Designers and buyers, nor is Designers Direct a traditional auctioneer.
Designers Direct is only acting as an agent for the Designers to facilitate the marketing and sales process for the Designers, so if you purchase a fashion product through the Online Application, the contract for the purchase of the actual products and for their delivery and return is between you and the relevant Designer(s). This means that it is the Designer, and not Designers Direct, who is legally responsible for selling and delivering the products to you.
Any guidance Designers Direct provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and Designers through various programs. Unless otherwise expressly provided, Designers Direct has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of content or listings; the ability of Designers to sell items; the ability of buyers to pay for items; or that a Designer or a buyer will actually complete a transaction or return an item.
Article 5 - Intellectual Property & License Grant: Designers Direct, the Designers or our licensors retain and hold exclusive and rightful ownership or possess authorized licenses to all intellectual property rights on, or integrated into, the Online Applications, the Services and its Content. This includes, but is not limited to names, graphics, designs, headers, commercial markings, text, images, videos, audio clips, logos, button icons, digital downloads, data compilations, and any software, along with their presentation and arrangement (collectively referred to as the “Content”). These rights are protected by international copyright and applicable national laws, including those governing copyright, authors' rights, and database rights. All rights are expressly reserved.
Subject to your compliance with these Terms and Conditions, Designers Direct, the Designers and its content providers hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Online Applications, Services and the Content for personal and non-commercial purposes. Your utilization of the Online Applications, Services and the Content does not grant you any rights in relation to any copyright, designs, trademarks, or other intellectual property and material rights associated with the Content, including software and all HTML and other code embedded within the Online Applications. The foregoing further does not include any right to resell or commercially exploit any part of the Online Applications, Services or the Content. It also does not permit the collection and use of product listings, descriptions, or prices, or the creation of derivative works based on the Online Applications, any Service or the Content. Furthermore, we do not allow for any downloading, extraction, or reuse of any part of the Online Applications, Services or the Content. By way of example, but with no intention of limiting the generality of the foregoing, we specifically prohibit the use of data mining, robots, or analogous data collection tools to extract or gathering any portions of the Online Applications, the Services or the Content whether once or repeatedly. We further do not allow for the creation or release of any separate database containing any substantial information coming from our Online Applications such as images, data, trends, prices and product listings without our prior written consent.
All rights that are not explicitly granted to you in these Terms and Conditions are reserved and retained by Designers Direct, the Designers, our licensors, suppliers, publishers, rights holders, and/or other content providers, as applicable. Without our express written consent, you are prohibited from reproducing, duplicating, copying, selling, reselling, or otherwise exploiting the Online Application, any Service, the Content or any part thereof for commercial purposes. Additionally, you are not allowed to frame or enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Designers Direct or the Designers through the use of framing techniques without our express written consent. The use of meta tags or any other "hidden text" that incorporates Designers Direct's or the Designers’ names or trademarks is also prohibited without our express written consent.
The Online Applications, the Services and/or the Content may not be used to disparage or discredit Designers Direct, the Designers, our licensors, suppliers, publishers, rights holders, and/or other content providers, in any manner which in our sole judgement (where permitted by law) will or may damage any goodwill in the Online Applications, the Services and/or the Content, or that may otherwise cause confusion.
If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms and Conditions, the above license grant will terminate with immediate effect, and we may decide to deny you access to the Online Applications on a temporary or permanent basis.
Article 6 - Customer Account and Eligibility: To access certain of our Services, it is necessary to create your own account on the Online Applications. This involves providing accurate and complete information about yourself during registration in order to fully benefit from all the Services we offer, like:
Communicating directly with the Designers for any special requests;
Negotiating prices of certain fashion products;
Creating a list of your personal favourite Designers for focused update on their new items;
Selecting items into a personalized wish list;
Track your orders and review historic purchases;
Save your address and card details for future faster shopping;
Manage your account details, address book and email preferences;
Save your favourite colour code palettes for future matching;
Writing reviews about the fashion products you have purchased through the Online Applications; and
Discover trending fashion products and colours in your own location.
To create an account with Designers Direct and use our Services, you must be at least 18 years old. Minors between 13 and 18 years of age are only allowed to use our Services with a parent or legal guardian's account, provided they have appropriate permission and are under direct supervision. Children under 13 years old are not permitted to use our Online Applications, Services or purchase products. If a minor uses your account, you are responsible for all their account activity.
When creating an account, it is important to provide accurate information about yourself. We do not allow for impersonation or the use of false information.
You are solely responsible for all activities carried out on your account. If you share an account with others, the person whose financial information is linked to the account will bear ultimate responsibility for all activities. If you register as a business entity, you personally guarantee that you have the authority to agree to these Terms and Conditions on behalf of the business.
When using any Service, it is your responsibility to maintain the confidentiality and security of your account and password, and to restrict access to your computer. You are accountable for all activities that occur under your account or password, as permitted by applicable law. It is essential to take necessary measures to keep your password confidential and immediately notify us if you suspect unauthorized use or if the password has become known to others. You are also responsible for ensuring the accuracy and completeness of the information you provide, and for informing us of any changes. Your account details can at all times be accessed and edited in the My Profile section of the Online Applications.
Nothing in these Terms and Conditions, the use of the Services nor the creation of an account hereunder are under any circumstance intended to establish any agency, partnership, joint venture, employment, freelance or franchise relationship between you and Designers Direct and/or any Designer.
Article 7 - Orders: To make purchases on our Online Applications, you must provide accurate personal details, including your real name, address, phone number, email, and requested information. Payment details must also be valid and confirmed as yours. By placing an order, you further confirm being over 18 and authorized to use your payment method.
Purchased products are intended for personal use or gifting and cannot be resold or used commercially. We may restrict multiple quantities shipped to one customer or address.
Please note that your provided personal information may be used for anti-fraud checks and disclosed to credit reference or fraud prevention agencies, which may retain records.
All orders are subject to acceptance and availability, and confirmation of the order price, which is determined by the relevant Designer. Items in your shopping basket are not reserved and may be purchased by other customers. By completing the checkout process and placing an order by clicking the "Place Order" button on the checkout page, you are offering to purchase the products from the relevant Designer (and not directly from us). When you place an order, you will receive an a written notice confirming receipt of your order. This written notice is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Designer. The contract between you and the Designer in relation to the products will not be formed until we have checked that the Designer accepts your order. If your order is accepted, we will send you a written confirmation notification, which concludes the contract between you and the Designer. Your order for the products is subject to these Terms and Conditions, which are incorporated into the sales contract between you and the relevant Designer. The confirmation notification will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Designer (please see Article 11 below for further information on your rights to cancel the contract). Only those products listed in the dispatch confirmation email are included in the contract between you and the Designer.
If an item is out of stock, you will be notified, and any payments processed will be refunded promptly.
Article 8 - Pricing, Taxes and Duties: The prices on our Online Applications include applicable VAT or comparable sales taxes, unless otherwise stated. We offer standard shipping free of charge on orders over three hundred euros (€300); or the equivalent amount in local currency. The shipping costs, duties and/or packaging costs will be estimated and communicated to you in a separate email following your order, and will be charged separately for DAP (Delivered At Place – Incoterms 2020) delivery, if applicable. You expressly agree that you will pay any applicable taxes and/or duties when your order arrives at customs.
Occasionally, prices might fluctuate due to currency exchange rate shifts, markdowns, and other commercial dynamics. The price applicable to your order will be the prevailing rate at the time of order acceptance. Whilst we otherwise endeavour to ensure that all details, descriptions and prices on the Online Applications are accurate, please note that this information is uploaded and provided to us by the Designers, so there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Designer, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be considered canceled. Upon cancellation a full refund will be promptly issued if payment has been made.
Any prices shown in currencies other than Euro are for reference only. All transactions are processed in Euro, and your card issuer may apply its own exchange rates and fees.
If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day of transaction processing by your card issuer.
For US customers, we may charge and collect applicable sales or use taxes on purchases made through our Online Applications. Even if not collected initially, your purchase may still be subject to taxation, unless exempt. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
Article 9 - Payment: We accept Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal or Apple Pay, and with an additional fee, you can also chose to pay cash upon delivery. In case of payment by credit/debit card, your card will be charged at the time your order is accepted by Designers Direct in accordance with Article 7 above. The shipment of the products shall be made after receipt of the payment. Only one method of payment will be accepted per transaction.
By placing an order, you confirm that you are the authorised cardholder or that you have been specifically authorised by the owner of the credit/debit card to use it. All payment methods accepted are subject to validation and security checks, as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment for any reason, we will not accept the order and we can not be held liable for any delay or non-delivery of your order, nor can the Designers.
As explained above, the contract for the purchase of the products is between you and the relevant Designer. When you purchase products using the Online Applications, we will receive payment from you and hold those funds on behalf of the relevant Designer unil the products have been received by you and the 28 days return-option period as set forth in Article 11 below has expired.
Article 10 - Delivery: Time of delivery is indicative, and any delivery or dispatch dates provided via the Online Applications, in your order confirmation email, and in any other correspondence, are estimates only, and cannot be guaranteed. If you do not receive an estimate delivery date from us, we will endeavour to deliver the order within 30 days after the date of dispatch. Note that estimate delivery times may vary depending on the availability of the products (if the products need to be produced by the relevant Designer before they can be shipped to you for example), and your delivery address/country. The products will be delivered to you directly by the Designers so your order may arrive in multiple deliveries and at different times.
If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
The products sold through Designers Direct are insured during the time they are in transit until they are delivered to your specified delivery address. A signature is required upon delivery of any goods. At that point, the risk for your purchased items transfers to you, and consequently, they are no longer covered by the insurance. If you have designated a recipient other than yourself for the delivery, such as for gifting purposes, please note that a signature from that designated recipient (or at the specified delivery address) will serve as conclusive evidence of delivery, fulfillment, and the transfer of risk in the same way.
Our nominated courier can deliver an order to certain destinations without collecting a signature. If this option applies to your shopping address, you may select the signature opt out at the checkout, otherwise the signature required will be set by default. Please note, that if you select the option for no signature to be required, you confirm that the courier can leave your package(s) outside the premises at the shipping address without obtaining a signature for proof of delivery, and that you take full responsibility for any loss or damage that may occur. On occasion, our nominated courier may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received. Neither Designers Direct nor the Designers are responsible for any delays caused by destination customs clearance processes.
Article 11 - Cancellations of Orders & Returns: You have a statutory right to cancel and request return and/or exchange of the whole or part of your order (subject to certain exceptions as set out below), without providing any reason within 14 days after you received your order. The Designers extend this legal right to 28 days after receipt for orders made through Designers Direct. Please note that made-to-measure items cannot be returned as they have been created to your specification/personalization, unless the item arrives damaged or faulty when delivered to you.
By entering the “My Orders” section of the Online Applications and entering the order in question, you can select the product(s) that you would like to return/exchange and order the return pick-up of the product(s) free of charge, by either: (i) taking the item to the drop-off point indicated in the return-order, or (ii) by complementary collection at the original delivery address.
All products must be returned in a new and unused state, in perfect condition, with all protective materials in place and all tags and Designer labels attached to them (if applicable). Protective materials includes all packaging, boxes, accessories and authenticity cards/dust bags and must be returned together with the products. The Designers reserve the right not to accept a return if the product shows signs of wear or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
For example, the Designers may not accept return or make a reduction of refund if:
the product(s) have been used, worn, damaged or washed;
tags and Designer labels are not attached to the product(s) or have not been returned;
you have not returned any packaging or protective materials which is considered an integral part of a product (such as authenticity cards/dust bag); and/or
Hosiery, lingerie and swimwear items are not returned with the hygiene seals attached/in place or in unopened and undamaged packaging, where applicable.
You will be informed if the Designer propose to reduce your refund for any of these reasons. In this instance, you may (as an alternative to us providing you with a reduced refund) choose to have the products sent back to you at your own expense.
Please note that refunds can take up to 10 working days after the return has been received and accepted by the Designer to show on your account due to varying processing times between payment providers.
Defective products: We do not allow Designers to offer flawed items or products of lower quality than the corresponding market standards for sale on the Online Applications. Therefore, if a product you have ordered is not as described, is flawed or of a lower quality, you are, notwithstanding anything to the contrary in the foregoing, entitled to return it by contacting Customer Service and following their instructions for return on a case-by-case basis.
Repeated returns: We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers and continued returns in breach of our Terms and Conditions will be flagged and may, at our discretion, lead to the closure of your Designers Direct account or future orders being refused.
Ventes Privées: ”Ventes Privées" items are not subject to our standard return policy and may not be returned. However, should we under the circumstance decide to accept return or refund of “Ventes Privées" items purchased through Designers Direct after all, the decision is made at our sole discretion, subject to applicable laws.
Article 12 - DD Colour Scan & Colour Matching DISCLAIMER: Our DD Colour Scan aims to offer accurate HEX code colour matching and to suggest colour coordinated outfits, but due to external factors and variations beyond our control like devise settings, lightning conditions, fabric composition etc. we can not guarantee exact match. THEREFORE, OUR DD COLOUR SCAN TECHNOLOGY IS MERELY COLOUR INDICATIVE AND PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Please note, however, that changes in lighting conditions can significantly impact the color code recorded by your device so that proper lighting is critical to ensuring colour accuracy. Performing the colour scan of the item you intend to match in devises like a D65 light booth (D65 light simulates the average natural daylight at midday in Northern Europe and is commonly used as a reference for evaluation of colors) can help ensuring a more accurate result. We further recommend conducting additional tests, verifying results, and consulting with professionals when precise colour matching is of utmost importance. We also recommend the use of specifically developed and more precise colour code scanning devises such as the sensor colour scan devises from Nix https://www.nixsensor.com/ and from Datacolor https://www.datacolor.com/.
In respect to the actual matching of colours with products sold through the Online Applications, please note further that the images displayed of the products are for illustrative purposes only. Although we attempt to display colours accurately, we cannot guarantee that the images provided to us by the Designers and your computer's display correctly reflects the true colour of the products. Therefore, for more precise colour matching, please consult the exact colour code reference provided for the relevant product by the Designers or contact our Customer Service for further information.
Article 13 - DISCLAIMER OF WARRANTIES: We wish for the description of the products displayed and sold on the Online Applications to be as accurate as possible. However, as it is the Designers themselves who write or otherwise provide the descriptions and pictures of the products on our Online Applications, the Designers remain responsible for them, and we cannot guarantee that all details are always accurate, complete or error free. Designers Direct only provide the venue; the products in our marketplace are designed, produced, listed, sold, stored and shipped directly to you by independent Designers, so Designers Direct cannot and does not make any warranties about their quality, safety, authenticity, nor their legality. Any legal claim related to a product you purchase must therefore be brought directly against the Designer of the product in question. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY THEREFORE RELEASE DESIGNERS DIRECT FROM ANY CLAIMS RELATED TO PRODUCTS SOLD THROUGH OUR ONLINE APPLICATIONS AND OUR SERVICES, INCLUDING FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY DESIGNERS, OR PRODUCTS THAT CAUSED PHYSICAL INJURY (LIKE PRODUCT LIAILITY CLAIMS).
THE ONLINE APPLICATIONS AND THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ONLINE APPLICATIONS AND THE SERVICES ARE PROVIDED BY DESIGNERS DIRECT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DESIGNERS DIRECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE APPLICATIONS AND THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ONLINE APPLICATIONS AND THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ONLINE APPLICATIONS AND THE SERVICES IS AT YOUR OWN SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DESIGNERS DIRECT THEREFORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE ONLINE APPLICATIONS AND THE SERVICES. DESIGNERS DIRECT DOES NOT WARRANT THAT THE ONLINE APPLICATIONS, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DESIGNERS DIRECT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Article 14 - LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY LAW, DESIGNERS DIRECT AND/OR THE DESIGNERS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, WARRANTY, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE ONLINE APPLICATIONS, THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS AND CONDITIONS, FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DESIGNERS DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (ii) ANY MATTERS BEYOND DESIGNERS DIRECT’S AND/OR THE DESIGNER’S REASONABLE CONTROL.
IN NO EVENT, WHETHER IN TORT, WARRANTY, CONTRACT, OR OTHERWISE, SHALL DESIGNERS DIRECT’S NOR THE DESIGNER’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF (a) €200, or (b) THE PRICE YOU PAID FOR AN ITEM SOLD BY A DESIGNER ON THE ONLINE APPLICATIONS (INCLUDING VAT AND DELIVERY COSTS). NOTHING IN THESE TERMS AND CONDITIONS, SHALL, HOWEVER, LIMIT OR EXCLUDE DESIGNERS DIRECT’S OR THE DESIGNER'S RESPONSIBILITY FOR FRAUDULENT REPRESENTATIONS MADE BY US OR THEM, NOR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR OR THE DESIGNER'S NEGLIGENCE OR WILFUL MISCONDUCT. These Terms and Conditions do not affect the consumer’s legal right to have products sent or services provided within a reasonable time or to receive a refund if ordered products cannot be delivered within a reasonable time owing to a cause beyond our or the Designer’s reasonable control.
WITH RESPECT TO DESIGNER OR OTHER USER CONTENT OR STATEMENTS, DESIGNERS DIRECT SHALL HAVE NO LIABILITY WITH RESPECT TO ANY SUCH CONTENT, WHETHER INACCURATE, MISLEADING, OFFENSIVE, INAPPROPRIATE OR OTHERWISE: DESIGNERS DIRECT IS NOT RESPONSIBLE FOR THE ACCURACY, COPYRIGHT, COMPLIANCE, LEGALITY OR DECENCY OF CONTENT POSTED BY DESIGNERS OR OTHER USERS THAT YOU ACCESSED THROUGH THE ONLINE APPLICATIONS OR THE SERVICES. DESIGNERS DIRECT, THE DESIGNERS SELLING THROUGH THE ONLINE APPLICATIONS, AND ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE ONLINE APPLICATIONS AND THE SERVICES ARE INDEPENDENT CONTRACTORS TO ONE ANOTHER, AND ARE THEREFORE NOT AFFILIATED WITH, HAS NO JOINT VENTURE, PARTNERSHIP OR EMPLOYMENT RELATIONSHIP IN RELATION TO THE ONLINE APPLICATIONS AND THE SERVICES.
Article 15 - Indemnification: You agree to indemnify, defend and hold harmless Designers Direct, the Designers and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Online Applications and any violation of these Terms and Condition. Designers Direct reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Designers Direct in the defense of such matter.
Article 16 - Privacy: We and the Designers only use your personal information in accordance with our Privacy Policy. Please take the time to read it carefully, as it includes important information about how we collect and use your data. By using the Online Applications, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.
Article 17 - Content & Linking: Opinions expressed on the Online Applications by us, the Designers and/or the users are the personal opinions of the individual authors and do not reflect the views of Designers Direct, and we accept no responsibility for any such views expressed in any media or form.
By posting your comments on our Online Applications, you agree to be solely responsible for the content of all information you contribute. You also grant to Designers Direct a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated but Designers Direct does not commit to checking all content and will not be liable for third party posting or other comments. If you have a complaint about any publications and/or comments please email us your comments to our Customer Service. Designers Direct reserves the right to in its sole discretion publish or not publish, or keep or remove any comments, including but not limited to those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising other businesses. The Online Applications are available to the public, information you consider confidential should not be posted to the Online Applications.
We are happy for you to promote or otherwise publish links to our Online Applications, but you must do so in a way that is fair and legal and does not damage the reputation of neither us nor the Designers or otherwise take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Online Applications, you must do so without delay.
Where the Online Applications contain links to other websites and resources provided by third parties, these links are provided for your information only. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Article 18: Improper Use
You must not involve in any activities that may impair, interrupt or damage the Online Applications and/or the Services or its accessibility in any way. Moreover, you must not use the Online Applications and/or the Services for fraudulent purposes, in connection with unlawful activities or criminal offenses or to cause inconvenience, annoyance, needless anxiety to any person or distress.
You acknowledge that you are responsible for any comments and material you may submit via the Online Applications, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through our Online Applications any content that (i) is confidential, proprietary, false, fraudulent, defamatory, obscene, libelous, threatening, vulgar, indecent, racistic, defamatory, obscene, invasive of privacy or publicity rights, infringing of intellectual property rights, abusive, illegal, injurious or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, commercial marketing of other products or services, chain letters, mass mailings, or any form of “spam" or otherwise in breach of these Terms and Conditions. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. If you do submit material, and unless we indicate otherwise, you grant Designers Direct and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media.
Breaching these provisions would lead to the withdrawal of your licensed right to make use of our Online Applications and Services as detailed in Article 5 above, and could further constitute a criminal offence. Designer Direct, in compliance with any enforceable law or public order, will report any such activity to the relevant law enforcement authorities and disclose your identity to them.
Article 19: Export control laws and regulations
You may not use our Online Applications or the Services if you are the subject of EU or US sanctions or of sanctions consistent with such sanctions imposed by the governments of the country where you are using the Online Applications and/or Services. You further agree that you will not export, reexport, or otherwise transfer the products purchased through the Online Applications to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the E.U.’s Consolidated Financial Sanctions List or the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List.
Article 20: Modifications
We may update or change the Online Applications or its contents at any time, but we are under no obligation to do so. Please note that this means any of the content on the Online Applications may be out-of-date at any given time. The content on the Online Applications is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Online Applications, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions.
Article 21: Severability
If any provision of these Terms and Conditions is considered unlawful, void or unenforceable under any applicable laws or regulations, the remaining provisions of these Terms and Conditions will remain in place. You further confirm your acceptance of substituting such invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision.
Article 22: Waiver
Our or the Designer’s failure to enforce a provision of these Terms and Conditions shall in no event be considered a waiver of any part of such provision. No waiver shall have any effect unless it is specific, irrevocable and in writing.
Article 23: Governing Law and Dispute Resolution
By purchasing products through, or otherwise using our Online Applications and/or Services you agree that the Laws of France, without regard to the principles of conflict of laws, will govern these Terms and Conditions. Any dispute or claim relating in any way to these Terms and Conditions, your purchase or use of the Online Applications, the Services and/or the Content will be subject to the exclusive jurisdiction of the courts of Paris, France.
Article 24: Entire Agreement
These Terms and Conditions any policies or operating rules posted on the Online Applications constitute the entire agreement and understanding between you, Designers Direct, and/or the Designers with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.