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Terms & Conditions

Last Updated: 2nd August 2021

Welcome to fabric-online.co.uk website terms and conditions. Before ordering from us it is strongly suggested that you read these terms and conditions thoroughly. You will be asked to agree to these terms as part of the checkout process.

These terms are intended to be read in conjunction with our Delivery Policy, Returns Policy, and Privacy Policy. Each of these additional documents together form the whole of our Terms & Conditions, and are separated out only for ease of reading.

Access

Access to, and use of, this website and order placed using this website, or in relation to this website, and in strict accordance with the terms and conditions set out below, as well as in our Delivery Policy, Returns Policy and Privacy Policy.

Registration

You warrant that:

The personal information which you are required to provide when you register as a customer or place an order is true, accurate, current and complete in all respects; and

You agree not to impersonate any other person or entity, or to use a false name, or to use any name that you are not authorised to use.

Indemnity

You agree to fully indemnify, defend, and hold us and our employees, directors, partners and suppliers, harmless immediately and on demand from and against all claims, liability, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms and conditions by you, or any other liabilities arising out of your use of this website, or the use by any other person accessing this website using your credentials or personal information.

Our Rights

We reserve the right to:

Amend or withdraw, temporarily or permanently, this Website or any part of this website, with or without notice to you, and you agree that we shall not be liable to you or any third party for any amendment to or withdrawal of the Website; and

Change these terms and conditions from time to time, including those terms in our Delivery Policy, Returns Policy and Privacy Policy. By continuing to use the website after any such change, you are agreeing to any changes that may have been made. It is your responsibility to check these terms before every order placed. If you do not agree to any of the changes made, then you must discontinue your use of the Website immediately.

Privacy

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the Data Protection Act 1998. We use your information only for the following purposes:

  • Processing your orders;
  • For statistical or survey purposes to improve this Website and its services to you;
  • To serve website content and advertisements to you;
  • To administer this website;

If you consent, to notify you of products or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003, or the EU General Data Protection Regulation (GDPR).

This is in accordance with the Data Protection Act 1998 and other applicable laws.

When you create a shopping account with fabric-online.co.uk you will be given the option to receive information from us by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “unsubscribe” in the subject line.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

Ordering Goods

All orders placed through our website will be subject to our acceptance of the order.

When you submit an order to us on our website you will receive a confirmation email providing details of your order;

This email confirms the receipt of your order by us for processing and does not constitute acceptance of the order;

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered, unless we have notified you that we do not accept the order or you have cancelled the order in accordance with the instructions in our Returns Policy.

Title to the goods will pass to you on delivery provided that payment has been made in full.

Non-acceptance of an order may be the result of one of the following:

  • The product you ordered being unavailable from stock;
  • Our inability to obtain authorisation for your payment;
  • The identification of a pricing or product description error;
  • You not meeting the eligibility to order criteria set out in these Terms & Conditions.

Processing Orders and Payments

Whilst we will take all reasonable care to ensure that our website is kept up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.

Payment for all orders is taken in full at the time of placing your order

All prices shown on our website show clear amounts for VAT inclusive prices.

Your Statutory Rights

In respect of most items, the law gives you 14 working days from receipt of your order to change your mind and cancel the order.

Refunds will be processed within 14 days of the parcel being returned back to us. Please ensure you include your order number, contact number and full name along with reason for return.

If you decide to cancel, you need to:

Inform us in writing before or within 14 working days after the day on which you receive the goods.

Take reasonable care of the goods and return them to us.

Pay for the cost of returning goods. However, we will offset this against the refund of any original delivery charges.

We will not consider that you have taken reasonable care of the goods if they are not in a condition in which they can easily be made ready for re-sale, for example but not exhaustively;

  • the original packaging has been disposed of or unnecessarily damaged; or
  • the goods have been used.

Where a fabric has a fault that was present when it was delivered, you may have the right to return the fabric for a full refund or the right to a replacement (or a full or partial refund where replacement is not available). These rights do not apply in respect of;

  • fair wear and tear;
  • misuse;
  • accidental damage; or
  • where you decide you no longer want the item.

If the item is not of ‘satisfactory quality’ or is not described / fit for purpose / faulty’ you have the right to the following:

Within 30 days – the customer is entitled to a full refund, payable within 14 days of the agreed rejection date and the trader will incur the costs of return.

Up to 6 months – unless the trader can prove the fabric did not have a fault at the time of purchase, the customer is entitled to a repair or replacement. Should this remedy fail to resolve this matter, then the customer has the right to request a reduction in price or reject the fabric and request a refund.

Compliance With Laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of Liability

Whilst we will use reasonable endeavours to verify the accuracy of any information that we place on the Website, we make no warranties, whether express or implied, in relation to its accuracy. The Website is provided on an “as is” and “as available” basis, without any representation or endorsement made, and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transactions that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Scope of Agreement

These terms and conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our trading relationship.

Jurisdiction

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

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