LeSouk.co is a business-to-business marketplace for designers and purchasers to search, sample and source fashion textiles - as well as an editorial content site that includes trends; advertising; webinars; trend reports and various email services available on or through LeSouk.co ("Services").
Before you may become a member of Le Souk, you must read and accept all the terms and conditions in, and linked to, this Agreement. The Agreement is effective on December 9, 2011 for current users, and upon acceptance for new users.
Le Souk acts as a venue to allow users who comply with Le Souk's policies to showcase, display, sell, book and buy materials, fabrics and other related notions - as well as other services such as webinars and trend reports. Le Souk is not the purveyor or vendor of these offers. Le Souk, as an accommodation to the users of the site, and to facilitate the dealings between the subscribers of the site, does facilitate the dispatch of swatches and samples. Except in cases where Le Souk dispatches samples and swatches, Le Souk is not directly involved in the interaction and transaction between buyers and sellers. Le Souk has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items. Le Souk pre-screens users, the content, and information provided by sellers for the sole purpose of curation. Le Souk cannot ensure, nor does it guarantee that a buyer or seller will actually respond to Subscriber or complete a transaction.
Le Souk does not transfer legal ownership of items from the seller to the buyer. Le Souk cannot guarantee the true identity, age, and nationality of a user. Le Souk encourages you to communicate directly with potential transaction partners through the tools available on the Site in the Premium Access Membership.
You agree that Le Souk is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Le Souk. You use the Le Souk service at your own risk.
LeSouk.co and the Services are reserved exclusively for professional purchasers, sellers, and resellers of products related to fashion, apparel, interior design, and home textiles markets - as well as educational institutions - that are acceptable to Le Souk in its sole discretion. Although Le Souk attempts to limit the use of www.LeSouk.co and the Service to such purchasers, sellers, and resellers of sustainable fashion, apparel and interior textiles, nothing herein shall create any right of action against Le Souk for failing to adequately screen potential users to prevent the use of www.LeSouk.co or the Services by users who are not both considered "sustainable" and/or professional purchasers, sellers, and resellers of sustainable fashion, apparel and interior textiles.
Other eligibility for membership is as follows:
Age: Le Souk's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Le Souk of any unauthorized use of your password or any breach of security. You also agree that Le Souk cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Le Souk account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Le Souk's Services are not available to temporarily or indefinitely suspended Le Souk members. Le Souk reserves the right, in Le Souk's sole discretion, to cancel unconfirmed or inactive accounts. Le Souk reserves the right to refuse service to anyone, for any reason, at any time.
The Subscriber hereby undertakes to procure that all use of the Site by its designated users will be in accordance with this Agreement.
Listing Description: By listing an item or service on the Site you warrant that you and all aspects of the item or service and information attributed to that item or service comply with Le Souk's policies. You also warrant that you may legally sell the item or service. You must accurately describe your item and all terms of sale on www.LeSouk.co. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, and in most cases, be pre-approved by Le Souk. All items or services must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item(s) or service(s) for sale in that listing.
Product Policies: All sellers are urged to outline policies for their Le Souk products. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Le Souk's site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Le Souk reserves the right to request that a seller modify product policies.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description on Le Souk may be an estimation of price but the final sale as specified by the seller must be an accurate representation of the sale. Prices on Le Souk do not include customs, duties or other import taxes. It is the sellers' responsibility to share estimations of customs, duties and other import taxes upon receiving order requests from buyers on Le Souk. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees. You may not alter the item's price after a sale for the purpose of avoiding Le Souk transaction fees, misrepresent the item's location, or use another user's account without permission.
You are solely responsible for your conduct and activities on and relating to Le Souk and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Le Souk. Restricted Activities: Your Content and your use of Le Souk shall not:
Additionally, you agree not to:
If you request the assistance of Le Souk to post content, or if you imply consent that Le Souk may post content on your behalf, either by written or oral means, or you fail to inform Le Souk that content should be removed, you are equally responsible for the content.
Buying on Site: The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered may vary in quality and color and that the available information about the items may be limited. It is not possible for Le Souk to verify exact information provided by the seller of any item or service.
You agree that Le Souk shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and third party, you understand and agree that Le Souk is under no obligation to become involved and agree that Le Souk will not be made party to any such dispute. In the event that you have a dispute with one of more other users, you hereby release Le Souk, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
Re-Posting Content: By posting Content on Le Souk, it is possible for an outside website or a third party to re-post that Content. You agree to hold Le Souk harmless for any dispute concerning this use. If you choose to display your own Le Souk-hosted image on another website, the image must provide a link back to its listing page on Le Souk.
Le Souk does not control the Content provided by users that is made available on Le Souk. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Le Souk, you agree to accept such risks and agree that Le Souk (and Le Souk's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Le Souk. Please use caution, common sense, and practice safe buying and selling when using Le Souk.
Endorsements to other sites: Links to other sites, including those of our sponsors, affiliate partners, and others are provided for informational purposes only and do not constitute endorsements or recommendations by Le Souk of those sites, or the information, materials, products or services contained on or accessible through the sites. Accessing such sites is solely at your own risk. Le Souk is not responsible for information provided on any site to which it is linked. Le Souk does not represent or endorse the accuracy, completeness or reliability of any advice, opinion, statement, or other information displayed or distributed through the web site. You are advised to verify the accuracy of any such information and you acknowledge that any reliance upon any such information shall be at your sole risk.
Other Resources: www.LeSouk.co and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Le Souk, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Le Souk is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Le Souk does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your interactions with companies, organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We guarantee that we have reported information fully on the site to the best of our ability with the knowledge and information that has been provided to us through our buyers and suppliers and our experience but do not guarantee the truth and accuracy of the Content and descriptions beyond that. We do not guarantee the ultimate quality, safety or legality of, any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. You agree that Le Souk 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 reliance on any such content, goods or services available on or through any such websites or resources.
In the event a dispute arises between you and Le Souk, please contact Le Souk.
Should you have a dispute with one or more users, or an outside party, you release Le Souk (and Le Souk's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Le Souk encourages users to use our contact tools on our site to confront other users and if need be, report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Le Souk, for the benefit of users, may try to help users resolve disputes. Le Souk does so in Le Souk's sole discretion, and Le Souk has no obligation to resolve disputes between users or between users and outside parties. To the extent that Le Souk attempts to resolve a dispute, Le Souk will do so in good faith based solely on Le Souk's policies. Le Souk will not make judgments regarding legal issues or claims.
Le Souk, and other Le Souk graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of S4 Style, Inc. in the U.S. and/or other countries. Le Souk's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Much of the information on Le Souk is updated on a real-time basis and is proprietary or is licensed to Le Souk by Le Souk's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Le Souk for any purpose without Le Souk's prior express written permission. Additionally, you agree that you will not:
Without limiting any other remedies, Le Souk may, without notice, and without refunding any fees, delay or immediately remove Content, warn Le Souk's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Le Souk is unable to verify or authenticate any of your personal information or Content; Or Le Souk believes that a user is acting inconsistently with the letter or spirit of Le Souk's policies, has engaged in improper or fraudulent activity in connection with Le Souk or the actions may cause legal liability or financial loss to Le Souk's users or to Le Souk.
Le Souk, Le Souk'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Le Souk'S SUPPLIERS PROVIDE Le Souk'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Le Souk, Le Souk'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Le Souk'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Le Souk SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL Le Souk, AND (AS APPLICABLE) Le Souk'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Le Souk'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Le Souk'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Le Souk'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Le Souk'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Le Souk IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD Le Souk AND (AS APPLICABLE) Le Souk'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Le Souk does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Le Souk's control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Le Souk's service and your listing, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Le Souk are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York and disputes arising under this Agreement will be adjudicated by the courts of the State of New York.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Le Souk's Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Le Souk Attn: Legal; 152 W. 58th Street, 1a New York, New York, 10019 (in the case of Le Souk) or, in your case, to the email address you provide to Le Souk (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Le Souk may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Le Souk. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by S4 Style, Inc., 152 W. 58th Street, 1a, New York, New York 10019.
For buyer orders of materials on Le Souk: All orders and non-refundable except under the following scenarios:
1.) Swatch Orders – If a buyer pays for a swatch that is not available due to inventory, the buyer will have the option of either a refund or a swatch coupon. If the buyer chooses a refund, the refund will be paid within seven days of the original order.
2.) Material Orders – All material orders for in stock materials that are paid via credit card are non-refundable.
For fees associated with supplier membership: All fees paid are final and are non-refundable.
1.) Swatch Orders – All swatch orders will ship within three days of purchase. If a buyer is within the United States, swatches will ship for free via USPS priority mail. Buyers have the option of paying for expedited shipping via USPS in the United States and DHL overseas at an additional charge.
2.) Material Orders – All material orders will be shipped per the terms of the order. All shipping charges are payable by the buyer unless otherwise noted by the supplier as part of the order process.