Terms and conditions

Terms and conditions

I LEGAL TERMS

A. INTRODUCTION

1. www.thefabricsales.com (the "website") is owned by and/or operated by or on behalf of THE FABRIC SALES Ltd., incorporated in Belgium (BE0673.852.763). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any goods purchased by you through the Website or through any Applications (as defined below), please contact THE FABRIC SALES Ltd at: 

THE FABRIC SALES Ltd, 14 Place Albert Leemans bte29, 1050 Brussels, Belgium

Email: hello@thefabricsales.com

2. These terms and conditions were last revised on 20/01/2020.

B. USE OF WEBSITE

1. These terms and conditions and any other policies referred to in these Terms and Conditions (including any policies or documents to which a link is provided from these Terms and Conditions) (together the "Terms") apply to your use and access to the Website and any other website or application permitting you to place an order with THE FABRIC SALES for any goods and services (such websites and applications being the "Applications" for the purpose of these Terms) including all orders submitted by you for any goods and services made available by THE FABRIC SALES for purchase through the Website and/or the Applications. As the context requires, references to "Website" in these Terms shall also include Applications as applicable. By accessing this Website and/or Applications you acknowledge that you have read, understand, and agree to be unconditionally bound by these Terms and THE FABRIC SALES therefore advises you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing the Website and all Applications immediately. These Terms and Conditions may be changed and updated from time to time and any changes will be effective from the publication of the amended Terms and Conditions on the Website or relevant Application. 

2. Please note that these Terms and Conditions do not affect your statutory rights as a consumer. 

3. By registering on the Website, you agree that all the information you provide is true, accurate and not misleading in all respects and that you undertake to notify our customer service team of any changes related to that information.

4. THE FABRIC SALES may change, withdraw, or suspend access to this Website (in whole or part and permanently or temporarily) with or without notice and with no liability towards you. 

5. This Website may include links to other websites or resources ("Linked Websites") . THE FABRIC SALES has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from this Website, THE FABRIC SALES is not liable for the availability of the Linked Websites, and is not liable in any way for the content of the Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make or your personal information. Furthermore THE FABRIC SALES will not be responsible for any offence, damage, or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon. 

6. THE FABRIC SALES may deny access to this Website at any time in its sole discretion.

7. THE FABRIC SALES will not be responsible, or liable towards you or any third party, for the content or accuracy of any materials posted by you or any other user of this Website and you hereby agree to be responsible towards THE FABRIC SALES and indemnify, defend and hold THE FABRIC SALES harmless and keep THE FABRIC SALES indemnified against all costs, damages, expenses, losses and liabilities (including reasonable attorney's fees) incurred and/or suffered by THE FABRIC SALES as a result of any claim in respect of your use of the Website or any activity related to your account by you or any person other than THE FABRIC SALES.

8. THE FABRIC SALES has the right to remove any material or posting you make on the Website in its sole discretion.

C. DISCLAIMER

THE FABRIC SALES does not guarantee that all goods presented in the web shop are in stock at the time of your order. In the event that goods are unavailable, THE FABRIC SALES will contact you at short notice by e-mail. THE FABRIC SALES cannot guarantee that the content of the Website is free of inaccuracies or typographical errors at all times. Neither can THE FABRIC SALES guarantee that all information is up-to-date. THE FABRIC SALES may, at any time, amend the content of the Website. Although THE FABRIC SALES aims to display correct information, descriptions, images and pricing on the Website and web shop, errors may occur. If you have been charged the wrong amount in the web shop, you will be given the option of placing a new order at the correct price or canceling your order. THE FABRIC SALES, however, reserves the right to cancel any order prior to dispatch should THE FABRIC SALES deem that the price is incorrect. In such case THE FABRIC SALES will notify you by email. If THE FABRIC SALES is unable to contact you, your order will be automatically cancelled. Part of the services mediated through the site are maintained by outside organizations. 

D. TRADEMARK

Our trademarks include (amongst others) the THE FABRIC SALES brand, name and logo. 

E. RESALE POLICY

You may purchase goods on the Website for personal use only and not for resale. By placing an order on the Website you certify that you are purchasing goods for your own personal use and not for resale and that you accept our Terms and Conditions. THE FABRIC SALES reserves the right to refuse orders for any reason without explanation. 

F. PRIVACY POLICY   

All provided personal information will be handled with utmost care. The information that THE FABRIC SALES stores will not be sold or used for any purpose other than ensuring the best service possible. It will solely be used for informing you about special offers and other marketing opportunities. Your personal data may be disclosed to third parties only when it is necessary to fulfill the purpose described above. When registering on the Website, you may opt to not receive any further commercial information from THE FABRIC SALES. If you wish to end your subscription, you may make the changes in your account settings or send an email to hello@thefabricsales.com. State your name and email address and a short description of the matter in the email message. For security reasons, THE FABRIC SALES does not store any payment information in our database. 

G. LINKS

The Website may contain links to other websites beyond our reach. THE FABRIC SALES cannot be held liable for content or privacy policies of such sites. 

H. FORCE MAJEURE

In case of Force Majeure, THE FABRIC SALES obligations will be suspended. The contract between you and THE FABRIC SALES can, in any such event, be partially or fully terminated by yourself or by THE FABRIC SALES. A Force Majeure is in the event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Under such circumstances, THE FABRIC SALES will however attempt to resolve all issues in a timely manner. 

I. GOVERNING LAW

These Terms and Conditions of use are established in accordance with and governed by Belgian law and the Belgian courts will have exclusive jurisdiction for any dispute arising thereof. The laws of your country my differ from the Belgian laws and there may be additional legal requirements affecting the use of this Website. You must at all times comply with all applicable local and international laws and regulations regarding your use of our Website.

II ORDER POLICY 

A. RIGHTS TO REFUSE

THE FABRIC SALES reserves the right to limit the quantities of goods that it supplies, and/or to refuse any order that is unusual or placed in bad faith. In addition, THE FABRIC SALES reserves the right to refuse any order from a client with whom there is a dispute concerning the payment of a previous order or for any other reason. 

B. PRICES

1. All prices of goods on this Website are stated in euro and are the price for the goods taxes included. They do not include the charge for delivery. 

2. THE FABRIC SALES endeavors to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and goods may be misplaced. If the goods' prices are lower than the prices stated on the Website, subjet to THE FABRIC SALES' right to refuse an order. THE FABRIC SALES will charge the lower amount and send you the goods. If goods correct prices are higher than the price stated on the Website, THE FABRIC SALES will, at its sole discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. THE FABRIC SALES will not be obliged to supply goods at an incorrect price. If THE FABRIC SALES has taken an advance payment in circumstances where pricing information is incorrect, THE FABRIC SALES shall endeavor to refund the payment taken as soon as possible if the goods have not been shipped. 

3. THE FABRIC SALES may vary the prices of the goods listed on this Website at any time and without any notice but such changes will not apply to goods in respect of which you have been sent a Dispatch Confirmation. 

4. Please note that in some countries additional duties, taxes, fees, or similar charges may be payable to your national and local tax authorities on receipt of your delivery or in connection with your order, including without limitation, sales, use, excise, import, or similar taxes or duties. You will be sole responsible for payment of any such duties, fees, and taxes. Please note that THE FABRIC SALES has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. THE FABRIC SALES will not be liable for any breach by you of any such laws. 

5. The order amount will be captured from your account as soon as your order has been placed. 

C. PAYMENT

Payments will always take place in a secure environment. The following payment modes are accepted: Visa, MasterCard, American Express, Maestro Cards, Ideal and Apple Pay. For Visa, MasterCard and  Maestro an authentication will be requested and verified by a secure code.

You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to THE FABRIC SALES web shop. 

When your order is completed, you will receive an email from us. Payment is debited from your card once you place the order. If you're not sure that you have received a confirmation email, please contact us: hello@thefabricsales.com

D. DELIVERY AND SHIPMENT

1. Delivery is made as long as stock last.

2. The order will be dispatched between Monday and Friday, excluding local and national holidays and festivities. THE FABRIC SALES is not liable for unforeseen delays. THE FABRIC SALES is not liable for unpredictable delays, notwithstanding that, except for cases of Force Majeure, the goods will be delivered within a maximum of thirty (30) days following the day after the submission to THE FABRIC SALES of the order by the Customer. Unless otherwise specified in the order. 

3. The goods are sent according to the overview per country (see section D8) at both the cost and the risk of the customer to the delivery address given by the Customer. 

4. In case goods are shipped outside of Europe, costs of duty are to be affected by the receiver of the package. 

5. If it is impossible to deliver the goods, the agreement is automatically dissolved. THE FABRIC SALES shall notify the customer in writing before the aforesaid delivery period has come to an end. 

6. Except if proof to the contrary is provided, THE FABRIC SALES will have discharged its obligation to deliver as soon as the delivery goods have been offered to the buyer once. In the case of home deliveries, the transport operator's report about the refusal to accept delivery will serve as full proof that the delivery has been offered. 

7. Dispatch orders are processed within 48 hours. Orders are processed Monday through Friday. Please allow 1-5 business days for ground shipments to arrive once it has left our facility. All applicable shipping charges will be added to your invoice. In the event that we cannot ship your complete order, we will contact you via e-mail, at the e-mail address listed on your order. 

8. Overview per country: TO BE REVIEWED 

E. RETURNS

1. Fabrics, trims, special orders, and anything cut to size are NOT returnable/exchangeable. All our fabrics are checked individually and labelled before they are packaged and sent out. 

Buttons, zippers, yarns, patterns, accessories or anything sold as a whole item may be exchanged or returned for full store credit (less shipping fees). Claims/exchanges related to default or damage MUST be made within 14 working days of the original shipping date. 

Items returned to us in non-salable condition will not be refunded. To complete your return we require a receipt of proof of purchase. All sale items and coupons are not returnable. 

THE FABRIC SALES reserves itself the right to refuse to refund the corresponding amount of the returned goods, if it considers the goods to be used or damaged by debt other than by THE FABRIC SALES or the supplier of the delivery. The burden of proof relies on the customer. 

2. Goods must be returned to THE FABRIC SALES in its original condition. Make sure all goods are in exactly the same condition as you received them, including tags and attached seals. 

3. Please return goods through the Website's return service (provided by customer service centre) to ensure they are protected and insured during transit. However, you may return the goods by any secure transport. Notify the customer service centre by e-mail (hello@thefabricsales.com) of your wish to return goods. You will receive instructions and a return document via e-mail.

Always mention the full description and reference of the goods and the reason for the return on the return document. Attach the order confirmation you received by e-mail and the return document to complete the package. 

Sent the goods to the return address, the shipping costs are to be borne by the Customer. When your returned goods have been approved by THE FABRIC SALES, your order will be refunded in due course. 

4. Shipping costs for returned goods are to be borne by the customer. Non-stamped shipments or COD shipments will be refused. Please send the package to: The Fabric Sales Ltd, Wingepark 37, 3110 Rotselaar, Belgium, with your preferred shipping partner. 

F. EXCHANGES

Purchased goods can be exchanged within 14 working days of the original shipping date of the goods. Exchanges are only processed upon receipt of returned goods and are based on stock availability. Exchanges are shipped to you free of charge. 

G. RECEIVING A REFUND

Your refund will either be credited to your account. If the complete order is returned a refund will not include the shipping costs. In case THE FABRIC SALES has not received a written proof of return, THE FABRIC SALES will issue the refund within 14 working days from reception of the returned goods. In case you did not mention a bank account number, you will receive a gift voucher valid for 6 months. The voucher is only valid on the web shop via www.thefabricsales.com. In case you did mention a bank account number, the refund will be transferred within 14 working days after reception of the returned goods. 

H. COMPLAINTS or DISPUTES

Complaints or disputes should be notified in writing within 14 days after delivery of the goods. If the complaint is considered to be justified, THE FABRIC SALES liability is limited to the replacement of the goods and in any way limited to the actual amount paid for the order.