Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to this website, read these terms and conditions and ensure you understand them before making a purchase.
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures and/or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We have used our best efforts to describe the items for sale on this website and to give accurate measurements of the fabric widths, fabric pattern repeats but we offer no guarantee as to the accuracy as there may be slight variances. We strongly recommend that you contact us to arrange a viewing of the items at our studio in Ludlow, Shropshire to inspect and measure the items. We also recommend that samples are ordered as we cannot guarantee that the colour on the photos on this website are identical to the actual items. The photos on this website are for illustrative purposes only.
13. All our items are sold as seconds quality and unless otherwise stated, include slight imperfections. The reason why each of the items fall into the seconds category very and may be due to a slight colour variation from the manufacturers' specification, minor faults on the material or design of the fabric, a variation of the base composition from the manufacturers' specification and/or lack of fire retardants/resistance.
14. If you order a sample we cannot guarantee we will have the remainder of the fabric advertised available to buy at a later date. However, if you would like us to hold the fabric please contact us and we will let you know if we are able to do this. Sample sizes are 15cm in height by 25cm in width however if the pattern of the fabric is small we may send smaller size samples from time to time.
15. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
16. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
17. Your order will only be accepted by us once we notify you by using any of the contact details you have provided.
18. Where a refund is given we will require you to provide us with your bank details upon request so we can process the refund transaction however, we reserve the right to refund via Paypal where appropriate.
MODIFICATIONS TO OUR SERVICE AND PRICING
19. Prices for items are subject to change without notice.
20. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
21. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
22. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
23. We provide free delivery of all items to a UK address. A fee of £35 will be charged for deliveries overseas. We reserve the right to contact you to request further fees for delivery before we accept your order. We will contact you as soon as is reasonably practicable in the course of the business operations to contact you should we require additional postage fees before we accept an order.
24. We will endeavour to post any items to you so they arrive within 7-10 days for UK deliveries and within 14-21 days for deliveries abroad. If you would like them delivered earlier then please contact us in advance of placing an order and we will endeavour to meet your requests where possible.
25. Where an order is placed for 5 metres of fabric or less then we will fold the items for delivery. For orders over 5 metres we will place the fabric on a roll. If you have any specific requirements outside of these terms then please contact us in advance of placing an order and we shall try to accommodate any request but this may be subject to extra postal charges.
26. We are not responsible for any import duties or taxes and these are your responsibility. We suggest you make the necessary enquiries before placing an order.
27. If you wish to cancel an order you have placed you must contact us immediately. We will reimburse you within 14 days of us receiving your notice of cancellation but only if:
a) we have not emailed to confirm we will be, have or are in the process of dispatching your item; and
b) we have not cut any items to your desired amount. For the avoidance of doubt, where you have ordered "fabric by the metre" which from time to time may also be described as "fabric from the roll" and/or "fabric off the roll" or you have ordered a sample and/or lining or interlining, then we are cutting the items to your desired amount.
28. When an item has been dispatched our Returns Policy applies.
LIABILITY AND INDEMNITY
29. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website either through non delivery, late delivery or for any other reason.
30. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
31. As the items are mainly seconds, we are unaware if the items are fire resistant and/or fire retardant. We therefore recommend that you have the appropriate tests carried out on the items on receipt. We accept no responsibility for loss of injury where goods are not fire resistant and/or retardant.
32. We take no responsibility for the cleaning of the items and we recommend you take expert advice before carrying out any cleaning of items purchased from us.
33. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
35. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
36. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.