Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the English Law and other copyright laws, and is the property of Shemelis Desta and Mr. Fire Limited. The collective work includes works that are licensed to shemelisdesta.org. Copyright 2017, Shemelis Desta ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Shemelis Desta and Mr Fire Limited or purchasing Shemelis Desta products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Shemelis Desta and Mr Fire Limited or to purchase Shemeis Desta products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Shemelis Desta and Mr Fire Limited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Intellectual Property
The copyright and all other intellectual property in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us, our subsidiary companies or our, or their, licensors. All rights are reserved. None of this material may be reproduced or redistributed without our prior written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
All rights to Shemelis Desta are owned by us. Other product and company names and logos used on this Website may be the trademarks of their respective owners and all rights are acknowledged. The use of such names and logos on the Website should not be construed as an endorsement by us.
Trademarks
All trademarks, service marks and trade names of Shemelis Desta and Mr Fire Limited used in the site are trademarks or registered trademarks of Shemelis Desta and Mr Fire Limited
Links
This Website includes links to other internet sites. We make no representations or warranties about those sites, nor that the links work.
Exclusion of liability for third party suppliers’ goods and services.
We will promote a number of suppliers on the Website and offer you the opportunity to buy goods and services from those suppliers through the Website. We can accept no liability for any goods or services provided by third party suppliers. Any goods or services that are not stated to be provided by us are provided by third parties over whom we do not have any control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier. The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.
Exclusions of liability
We use reasonable endeavours to ensure that the data on the Website is accurate and up to date and to correct any errors or omissions as soon as practicable after being notified of them, however, we do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions. To the extent permitted by applicable law, we disclaim all warranties, terms and representations (whether express or implied) as to the accuracy, completeness and suitability of any information contained on the Website.
We do not give any warranty that the Website is free from viruses or anything else that may have a harmful effect on any technology.
Due to the nature of electronic transmission of data over the Internet, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud.
Subject to the liability which we accept in this section 6 and save where such liability cannot be excluded by law, we shall not be liable in contract, tort (including negligence), statutory duty or collaterally or otherwise arising out of or in connection with these terms and conditions or use of the Website for any damage or indirect or special loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation in each case even if we have been advised of the possibility of any such loss or damage and howsoever incurred.
Data Protection
We are committed to protecting your privacy. Our privacy practices are set out in our privacy policy.
General
If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
We may modify these terms and conditions (including our Privacy Policy) at any time by publishing the modified terms and conditions on the Website.
We may assign or transfer our rights and obligations under these terms and conditions pursuant to a re-organisation or trade or share sale.
Governing law
These terms and conditions shall be governed by and construed in accordance with English law.
Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Shemelis Desta and Mr Fire Limited disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Shemelis Desta and Mr Fire Limited does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Shemelis Desta and Mr Fire Limited does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Typographical Errors
In the event that Shemelis Desta and Mr Fire Limited product is mistakenly listed at an incorrect price, Shemelis Desta and Mr Fire Limited reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Shemelis Desta and Mr Fire Limited reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Shemelis Desta and Mr Fire Limited shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Shemelis Desta and Mr Fire Limited without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Shemelis Desta and Mr Fire Limited may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Shemelis Desta and Mr Fire Limited.
Miscellaneous
Your use of this site shall be governed in all respects by English Law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Shemelis Desta and Mr Fire Limited products) shall be in English courts located in United Kingdom. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Shemelis Desta and Mr Fire Limited products) must be commenced within one (1) year after the claim or cause of action arises. Shemelis Desta and Mr Fire Limited’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Shemelis Desta and Mr Fire Limited may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Shemelis Desta and Mr Fire Limited or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Shemelis Desta and Mr Fire Limited does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Shemelis Desta and Mr Fire Limited is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Shemelis Desta and Mr Fire Limited reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Shemelis Desta and Mr Fire Limited in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Shemelis Desta and Mr Fire Limited, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable solicitor’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
State Sales Tax
Our products sold online ship from the United Kingdom. Therefore, appropriate United Kingdom sales tax will apply to all products shipped to a United Kingdom address.
