Terms and conditions
Premise
The following Terms and Conditions have been drafted in Italian. In the event of a dispute, the Italian text is the only one that will be authentic, the court of Rome is indicated as the competent court to settle any legal dispute.
Definitions
• PBL - acronym to Patterns By Lucia;
• T&C - Terms and conditions;
• This Site or Website - https://patternsbylucia.com/;
• Online shop - https://patternsbylucia.com/;
• User - refers to users of the Site;
• Customer - refers to users of the Online Store and buyers of digital products on the Online Store.
Index of terms
I. Website Terms of Use
II. Online Store Terms and Conditions
I. Website Terms of Use
Last updated: February 9, 2023
These Website Terms of Use apply to the use of https://patternsbylucia.com/. Please note that the Terms apply regardless of the means of delivery.
https://patternsbylucia.com/ is hosted on Shopify Inc. Shopify Inc provides PBL with the online e-commerce platform that allows PBL to sell its products and services.
By using https://patternsbylucia.com/, you represent that you have read and accepted these Terms, including any other applicable Additional Terms, and agree to abide by and be bound by all of the Terms (as amended from time to time). If you do not agree to all applicable Terms, please refrain from using this Website.
Minors under 18 and at least 13 years of age are permitted to use PBL's services only if they have the appropriate permission and direct supervision of their parent or legal guardian.
You are the only one responsible for all the activity conducted by a minor on PBL’s Web Site. You may wish to use commercially available parental control protections, such as computer hardware, software, or filtering services, to limit access to various material online that may be inappropriate for minors.
Note that these Terms may be changed from time to time without notice; therefore, it is necessary to read them every time you visit https://patternsbylucia.com/.
Index
1. Who I am
2. Contact PBL
3. Use of the Site
4. Registration
5. Your Content
6. Third-Party Content
7. Intellectual Property Rights
8. Site maintenance
9. Your personal data
10. More on PBL's limited warranty and liability
11. Variations
1. Who I am
https://patternsbylucia.com/ is managed entirely by Lucia Aminov, designer and solopreneur based in Rome, Italy (" PBL ").
2. Contact PBL
Write to lucia@patternsbylucia.com if:
• If you suspect misuse of the Site or the products provided by PBL.
• For general comments or to ask for permission to do anything prohibited or not contained in the applicable Terms or requires PBL's consent or agreement.
• You wish to report any defamatory content.
3. Use of the Site
1. Access to the Site is permitted on a temporary basis, and PBL reserves the right to withdraw or modify the service and/or products it provides on the Site or part of the Site without notice. PBL will not be liable if, for any reason, the Site is not available at any time or for any period.
2. PBL may update the Site from time to time and may change the Content at any time. Any content on this Site may be out of date at any time, and PBL has no obligation to update it.
3. You should be aware that Content and resources may be removed from this Site with or without notice at any time, and PBL is not responsible for any reliance on your part on the continued availability of any content or resource on the Site.
4. You can view (and, where applicable, listen and/or watch) the Content available on the Site for private non-commercial use. You must not use or allow others to access or use all or part of the Site or the Content on it for commercial purposes without the permission of PBL. The use of all or part of the Site or its Content for commercial purposes will be subject to different terms and conditions.
5. It is possible to occasionally print individual pages of the Site for private non-commercial use, provided that such printing is not substantial or systematic and that the PBL trademark is not removed.
6. The user (directly or indirectly):
a. You must not distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or part of the Site, or in any way attempt to market all or part of the combination of materials that together make up the Site;
b. You must not distribute, transmit, syndicate, sell or offer to sell or otherwise make available any content, file, feed, or data, whether publicly available or not;
c. You must not copy, download or store any content, files, feeds, or data from the Site, whether publicly or not, to create or populate a database or publication of any kind.
7. There are videos and other materials on the Site that are viewed through a third-party embedding service, and you must comply with all applicable terms of that third party.
8. Regardless of whether you are a registered user or not, you must not abuse the "Report this comment" feature of this Site (or any similar feature) (for example, without limitation, by making malicious reports).
9. If you wish to "share" a page or other Content on this Site with someone, use the "Send to a friend" function or the "share" function (or other similar features) on the Site, or you can send a link to the Site via email or simply ask them to visit the Site. Please note, before entering their details, make sure you have their consent.
10. It is possible to establish links through links to this Site, provided that:
a. the link is legal and not harmful and/or does not take advantage of PBL's reputation or business;
b. the terms of use of the websites or web pages on which the link is created allow such a link;
c. the links are clearly and visibly marked as such;
d. such link is not for advertising or promotional purposes (unless PBL has expressly consented);
e. the link does not come from any website or web page that promotes political or religious views or promotes intolerance, hatred, discrimination, violence, pornography, or illegal activity;
f. the link does not falsely or misleadingly imply or suggest that PBL endorses or is associated with the linked Website, its web pages, or any of its Content;
g. the third party website is not an unacceptable Forum, and the Content or link to such third-party websites or web pages does not violate any of the provisions outlined in clause 5.
h. the Content of this Website or linked webpage is relevant and related to the Content to which it is linked;
i. the link does not involve any automatic download;
Furthermore, the framing of this Site on any other website is not allowed, and it is not permitted to provide access to the Site or part of it with any different URL.
Please note, PBL may withdraw the right to link to the Site without notice and at any time (at PBL's sole discretion).
Where the PBL Site and/or application contains links to other websites, web pages, resources, or services owned by third parties, other users, advertisers, or sponsors - such websites, web pages, resources, and services are provided for informational purposes only, and you access it at your own risk. PBL is not responsible for the Content or operation of third-party websites, web pages, resources, or services. You must read all applicable terms, conditions, and privacy policies.
11. The user is solely responsible for any expenses to third parties incurred by the user for accessing and using this Site, including any network costs for the use of fixed or mobile Internet.
4. Registration
Premise
PBL’s Terms require all account owners to be at least 18 years of age. Individuals under the age of 18 are considered minors on PBL. Minors under age 13 are not allowed on PBL.
Minors under 18 and at least 13 years of age are permitted to use PBL's services only if they have the appropriate permission and direct supervision of their parent or legal guardian who is the owner of the account.
You are the only responsible for all account activity conducted by a minor on your account. You may wish to use commercially available parental control protections, such as computer hardware, software, or filtering services, to limit access to various material online that may be inappropriate for minors.
The user can register on the Site to create an account or receive newsletters. It is your responsibility to provide accurate, complete registration details and keep such information up to date. Each registration is intended for a single user and not for multiple users. By choosing as access data a username and password and/or any other information as part of the Site's security procedures, the user guarantees to treat such information as confidential. The user must under no circumstances disclose his access data to third parties. In the event of any loss or damage that the user or PBL may suffer due to the user's inability to keep this data safe, the user will be held solely responsible for the fact.
Your registration on the Site must be in your real name, not under any false or alleged name, and not under the identity of any other person. You don't have to pretend to be a different person. You must provide a valid email address when registering. If you provide an email address, you grant PBL the right to send you emails to that email address. You further acknowledge and agree that PBL may stop sending emails without notice.
You are responsible for everything that has been done using your registration details. You must not disclose your login details to any other person. If you believe another person may have access to or use your registration data, you must notify PBL immediately.
At its discretion, PBL may suspend or prevent your account and/or access to the Site. Where access has been suspended or stopped, you must not attempt to re-register or submit Content without PBL's prior written consent.
5. Your Content
The Site offers the user the opportunity to post or publish in the Reviews section Contents such as comments, photographs and/or videos. You grant PBL a royalty-free, non-exclusive, perpetual and irrevocable license to use, modify, adapt, publish, create derivative works from, make available, display, archive and distribute in whole or in part and/or incorporate them into other works in any form, format, medium or technology now known or subsequently developed (including, but not limited to, print, digital and electronic form) worldwide in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights over your Content. To the extent that you cannot give up these moral rights, you agree not to enforce them.
By uploading the Content on the Site, PBL is not responsible for control, monitoring, or moderation - the user, remains solely responsible for all the Content he uploads.
By uploading or submitting Content to PBL, you warrant that you are the sole author and owner of all proprietary rights in the Content. If the Content includes material that belongs to third parties, you represent that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms.
You warrant and represent that your Content:
a. It is not defamatory, plagiarized (including plagiarism from one's work), abusive, malicious, threatening, false, misleading, offensive, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful, or advocate for violence; is not in violation of the confidentiality or privacy or other rights of another person, or any duty owed by you;
b. It does not contain allegations of impropriety or personal criticism towards PBL;
c. It does not infringe any intellectual property rights of PBL or third parties;
d. It is not technically harmful (e.g., Content without computer viruses, logic bombs, malware, worms, harmful components, corrupted data or other malicious software, harmful data or behavior and/or contains any other element intended to harm PBL or third parties, or to affect or facilitate any fraudulent or dishonest transaction, etc.);
e. Does not advertise or promote any product or service or make requests for donations or financial support;
f. It is not spam or junk content;
g. Does not impersonate another person or otherwise misrepresent your identity, affiliation, or status;
h. It does not constitute a crime or that can be prosecuted by law;
i. It is not in violation of these Terms.
Upon request, you shall indemnify PBL and hold PBL harmless from all liabilities, losses, damages, costs, claims, and expenses (including any business costs and expenses) suffered or incurred by PBL arising out of, or in connection with, any breach or alleged violation by the user. The user agrees to defend PBL from and against any claim or action by third parties that the use or possession of any Content posted or uploaded to the Site by the user infringes the intellectual property of such third party, and on request will indemnify and hold PBL harmless from any liability, loss, damage, costs, claims and expenses (including any costs and professional expenses) suffered or incurred by PBL.
6. Third-Party Content
PBL is not responsible for any third-party content on this Site.
7. Intellectual Property Rights
PBL is the owner of all multimedia content and files for sale on this Site. All these rights are reserved.
8. Site maintenance
You acknowledge and agree that from time to time, PBL may need to suspend access in whole or in part to this Site to correct defects and errors, install updates, undertake general diagnostics and maintenance, carry out emergency maintenance following which the Site may be less accessible or unavailable to you from time to time.
9. Your personal data
In addition to these Terms, please read the Privacy Policy carefully as it governs the collection and use of information about you. By using this Site, you consent to obtaining, holding, processing, and transferring your data as set out in the Privacy Policy.
10. More on PBL's limited warranty and liability
1. PBL and third parties related to PBL expressly disclaim any liability for loss or damage to data or computing devices, loss of profit, loss of anticipated savings or revenue, loss of business, loss of opportunity, adverse effects on reputation, or any other indirect or consequential loss or damage deriving from the use of the Site and/or products owned by PBL.
2. While PBL monitors this Site in order to identify and correct defects, you acknowledge and agree that PBL can NOT and DOES NOT guarantee that this Site or any single feature of this Site will be error-free, will be available at any time and/or it will be free of viruses and defects. PBL will NOT be liable for any loss or damage caused by viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to the use of this Site or the download of any content on it or any website linked to it.
3. The information and material contained on this Site are for informational purposes only and do not constitute advice. Such information and material may be incorrect or outdated and should not be construed as a definitive or complete statement. You should check any information and material on the Site and use your own judgment before taking or not taking any action based on such information or materials. PBL makes no representations or warranties in relation to the Site or its Content. All warranties (explicit or implicit) (including, but not limited to, the implicit warranties of satisfactory quality and fitness for purpose relating to this Site and/or its Content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are made as to the accuracy or completeness of the information or material provided on this Site or any website or web page to which it is linked.
11. Variations
PBL may revise these Terms at any time by changing this page or the page where the other Additional Terms appear. You should check this page and the page where the other Additional Terms appear from time to time to take notice of any changes made as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices posted elsewhere on the Site, including, without limitation, the other Additional Terms.
II. Online Store Terms and Conditions
Last updated: February 9, 2023
Please note, https://patternsbylucia.com/ is hosted on Shopify Inc. Shopify Inc provides PBL with the online e-commerce platform that allows PBL to sell its products and services.
Minors may not make purchases on PBL unless they have the appropriate permission and direct supervision of their parent or legal guardian.
You are the only responsible for all the activity conducted by a minor on PBL’s Web Site. You may wish to use commercially available parental control protections, such as computer hardware, software, or filtering services, to limit access to various material online that may be inappropriate for minors.
Index:
1. Definitions and scope of application.
2. The offer of PBL
3. Technical requirements for using digital Content
4. Use of the online shop
5. Purchase digital Content
6. Withdrawal rights for EU and non-EU customers
7. Delivery of Digital Content
8. Prices and terms of payment
9. Right to use digital Content
10. Limitation of Warranty and Liability
11. Data protection
12. Variations
1. Definitions and scope of application.
The following Online Shop Terms and Conditions ("T&C") apply to the use of the online shop https://patternsbylucia.com/ ("Online Shop"). As used in these T&C, the term "Customer" refers to users of the Online Store and buyers of digital products on the Online Store.
2. The offer of PBL
In the online store, PBL offers Patterns By Lucia branded PDF Sewing Patterns encrypted at the 256-bit AES level using the latest Adobe Acrobat software for personal use and NOT for the manufacturing industry purposes.
Product features - PDF file including: sewing pattern with sizes distributed on layers for printing on A4 or Letter format, sewing pattern with sizes distributed on layers for printing on A0 format, basic sewing instructions with photos. The pattern file was created to be opened and printed using the free Adobe Acrobat Reader software on a PC and not on a smartphone or tablet. All pattern files are encrypted using the latest Adobe Acrobat software to prevent modification and/or copying as well as to protect PBL's intellectual property and to ensure that files are protected at all stages of their journey on any device - therefore, only high-quality printing of the pattern and its instructions, measurement of the sewing pattern and insertion of comments is permitted.
3. Technical requirements for using digital Content
For the use of digital Content, the Customer needs access to the Internet, a computer, and the updated version of the Adobe Acrobat Reader (free version downloadable from the Adobe official website) or Pro (paid version) to viewing and printing of patterns in PDF format. For printing - a standard color or black/white printer that prints on A4 or Letter size sheets. In addition, the A0 format is also available for printing in Copy/Printing shops.
Note that the PDF files are viewable and printable using other software besides Adobe Acrobat Reader - still, PBL does not recommend using other programs because they do not guarantee the full functionality of the files and printing at the correct scale. Also, using the same software (or App) provided by Adobe free of charge for smartphones and/or tablets does not guarantee the possibility to fully use the functionality of the files (for example, Levels) - therefore, it is always recommended to use a computer for the correct printing of the sewing patterns. The instructions for printing and sewing, on the other hand, can be viewed with all their features on all devices that allow the installation of the software or the Adobe Acrobat Reader App.
4. Use of the online shop
Customers wishing to place orders are not obliged to register on this Site to use the Online Shop; however, if they want, they can register - in that case, the Terms of Use of the Site (I) apply. Furthermore, PBL reserves the right to refuse or cancel individual registrations to the Site or Online Shop without giving any reasons.
5. Purchase of Digital Content
1. The Customer can order individual items on the Online Shop by clicking on the appropriate button provided for the items on listing and subsequently completing the order procedure.
2. By clicking on the "Pay Now" button, the Customer submits a proposal to conclude the related purchase contract. PBL accepts this proposal by sending an order confirmation via email to the Customer, after which the purchase contract is created. PBL has no obligation to accept the Client's proposal. The acknowledgment of receipt of an order by PBL does not constitute a binding confirmation of the actual order.
3. You must provide a valid email address when purchasing on the Online Shop.
4. The Customer's responsibility is to provide accurate, complete details and keep those details up to date for proper order fulfillment, whether a registered Customer or not.
5. When the Customer submits a purchase proposal, the Customer must use his real name, not a false or assumed name, and not another person's identity. The Client must not pretend to be a different person.
6. Withdrawal and refund rights for EU and non-EU customers
Given the nature of the items offered in the Online Shop, PBL does NOT accept returns, exchanges, or cancellations of the order to all customers domiciled in the European Union and outside the EU.
The Customer is aware of losing any right of refund as the supply of Digital Content through non-material support once the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case, he would have lost the right of the withdrawal and refund.
7. Delivery of Digital Content
The products offered by PBL are delivered in electronic format (i.e., link via email) and may only be available for download and/or online access. The maximum number of downloads allowed per link is per three times. If access data is requested, these will be the same as the Customer's access data for the Online Shop. PBL reserves the right to terminate access to digital products in the event of a violation of intellectual property rights or the terms of these T&C.
8. Prices and terms of payment
a. The prices for individual items are indicated in the respective presentation of each item.
b. Payment for orders of one or more items must be made in advance and expires immediately upon completion of the order.
c. PBL offers various means of payment. The purchase price can be paid with PayPal, Apple Pay, Google Pay, American Express, MasterCard, Maestro, Visa, Shop Pay, etc. For payments managed by a payment system provider (e.g., PayPal, Apple, Google, etc.), only the terms and conditions of use of the respective provider apply; the Customer may need to have a user account with the respective provider.
d. If the Customer fails to comply with his payment obligations, PBL will have the right to block the Customer's access to the Online Shop and/or the digital Content, reserving all legal reservations at the same time. If access is blocked due to outstanding credits, access will be unlocked at the time of the balance.
9. Rights of use of digital Content
The purchased Digital Content will be delivered to the Customer making it available in electronic format as a PDF file. The digital Content offered by PBL is only permitted for the Customer's personal use and NOT for the manufacturing industry purposes. When the Customer downloads the digital Content purchased from PBL, the file can be stored on the final device used personally by the Customer. In particular, it is not allowed: to make additional unauthorized copies, in particular on end devices or media to which third parties have access; modify and/or adapt the digital Content and publish or exploit the article thus created; transmit digital Content to third parties or make them available to the public (including intranets). The above rules apply to digital Content in its entirety and to any part protected by copyright (individual chapters/articles, photographs, diagrams, etc.). Note that the modification, copying, extraction of pages, content adaptation of the PDF files offered by PBL can be protected by a password or certificate - any intention by the customer and/or third parties to decrypt the files will be considered fraudulent and illegal. It is permitted only the high-resolution printing of the sewing pattern and its instructions, sewing pattern measurement, and commenting.
10. Limitation of Warranty and Liability
PBL warrants that it has the right to grant the Customer the rights granted in these T&C. PBL provides all digital content "as is" and makes no other representations or warranties. PBL expressly disclaims any liability for any claim arising out of or from the Content, including but not limited to any errors, inaccuracies, omissions or defects contained therein and any implied or expressed warranties of merchantability or fitness for a particular purpose.
PBL will not be liable for any special, incidental, consequential, punitive or exemplary damages, even if it has been advised of the possibility of such damages.
PBL's liability for any claim under this agreement is limited to the agreed amounts actually paid by the Customer at the time of the relevant purchase.
In all other respects, the liability of PBL and PBL's auxiliary agents for any lawsuit is excluded.
PBL and third parties related to PBL expressly exclude any liability for loss or damage to data or IT devices or any other indirect or consequential loss or damage resulting from the download, storage and/or printing of the Content purchased from the Online Store.
PBL will not be held liable for damages that could have been avoided if the Client had regularly saved all relevant data and made full backups at intervals that duly reflect the value of the data.
11. Data protection
PBL attaches great importance to the protection and security of the Client's personal data. All relevant information is contained in the Privacy Policy as amended from time to time. The use of the Online Store implies acceptance of the terms of the Privacy Policy of the Online Store and/or Site.
12. Variations
PBL may revise these T&C at any time by modifying this page or the page where the other Additional Terms appear. You should check this page and the page where the other Additional Terms appear from time to time to take notice of any changes made as they are binding on the Client. Some of the provisions contained in these T&C may also be superseded by provisions or notices posted elsewhere on the Online Shop and/or Site, including, without limitation, the other Additional Terms.
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