TERMS AND CONDITIONS
of sale and use of the site
The Website is operated by Fabric House S.r.l., with registered office in Via delle Viottole 7, 59100 Prato, Italy, fully paid share capital of € 310.000,00 € tax code and VAT number 01581830476, company registration number 161726 (“Fabric House” referred also to as “us” or “we” or “our”).
The Products purchased on the Website are sold directly by Fabric House.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
By placing an order for such Products, you agree to be bound by and accept these terms and conditions.
1. REGISTRATION AND AUTHORIZATION
Please register at www.fabric-house.eu to place your orders. Click here to be directed to our registration page. Please note that you have to confirm your account by clicking on the confirmation link contained in the registration e-mail you will receive.
2. ORDER ACCEPTANCE AND CANCELLATION
Before confirming the order, you will be asked to identify and correct possible input errors. We may also need to verify your request prior to the acceptance and/or shipment of any order.
Our system will issue an automatic confirmation of the submission of your order email. Such automatic confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. It is solely a confirmation of receipt of your order.
Yor order shall be deemed accepted when your payment will be authorized by our site.
The invoice will be sent to you by email as well as with the shipment of the Products. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason and without prior notice. If you have already transferred the money and your order is canceled, we will immediately issue a refund to your bank account in the amount of the charge.
3. PRICES, DISCOUNTS, TAXES, PAYMENT TERMS, SHIPPING FEES
The prices of the Products are showed in the relevant pages of the Website and will be charged in your orders accordingly, deducted any relevant discount.
The crossed out prices in the Website are our Fabric House list price; the new price is our special discounted price when available.
Prices in the online shop are without taxes (for B2B customers) and shipment. For Italy only: If you provide us with the “dichiarazione d’intento”, you will be exempted of 22% tax.
The article prices are in € per meter (€/m).
The prices are stated in €. The payment is to be done in this currency.
You agree to pay in advance the Products via wire transfer at the following bank account:
BANCO POPOLARE, Piazza IV Novembre snc, 51031, Agliana (PT) ITALY
Swift: BAPPIT21S35 IBAN: IT 17 D 05034 70370 000000000310
Alternatively you can also pay your order in adavance using your credit card or via PayPal.
The final payment amount will be set forth in our final order confirmation (i.e. not the order submission confirmation email) in accordance with clause 4 below.
Fabric House is entitled to cancel your order if your payment is not made within 5 working days from the receipt of our final order confirmation
Shipping fees depends on the on weight, volume, country, kind of shipment (express, truck services, freights by air/sea, parcel services). There are 2 shipment methods you can use:
1. You organize the shipment (pick-up and transport) with your standard forwarder: you take care of contacting your preferred forwarder and inform us about the exact date the forwarder will come to our warehouse. The date should be communicated to us via telephone or e-mail. Your order will be invoiced without the shipment costs. Your transport company will charge the shipment costs directly to you.
2. Fabric House can also organize the shipment for you. Your order will be invoiced including the shipment costs. As the costs depend on many factors such as weight, volume, we can only give you an approximate cost estimate (subject to 15-20% variation depending on the final weight and volume of the Products). Please contact us and we will quote the costs to you. Please note that the shipping time frame, if provided, may vary from item to item. These above mentioned shipping terms are accepted by you by placing an order with us.
Please note that according to our sustainabiliy policy, fabrics may be delivered on a single paper roll. Should you need each item on a single paper roll? please Contact Us.
We provide shipment for most of the countries:
|Gibraltar||Great Britain||Greece||Hong Kong|
|Portugal||Republic of Korea||Romania||Russian Federation|
|United Arab Emirates||United States of America|
If your country does not appears in the list, please Contact Us.
For some of these countries we are not able to provide in advance information about the shipping costs, in this case you will be contacted by our customer service.
Terms tolerances, reduction and Seller termination
The delivery terms established in the order confirmation from the Seller only have an approximate value, they are not essential terms according to the art. 1457c.c. and are always indicated by the Seller except for:
- Delay caused by force majeure
- Difficulties on raw materials supplies
- Demands or needs of production and/or commercialization
- Non-execution by the Buyer to the established payment conditions
The delivery term is considered satisfied with the effective delivery of the goods by the Seller to the courier or directly at Buyer’s premises. The Seller complies with the delivery terms as far as possible: anyway, a tolerance of 15 working days is permitted. In case of force majeure impediments, the Seller will have the faculty to delay the deliveries or the shippings, or to reduce the quantity of the goods not already delivered until the end of the above-mentioned causes. The Buyer cannot claim any refund for damages because of the delayed delivery of the commissioned goods, as the delivery dates are approximate and never peremptory.
Where not differently established, the goods are considered sold by EXW.
Goods travel exclusively at Buyers own risks and responsibility also if sold as C.I.F. or F.O.B. or D.A.P.: consequently, the Seller is not responsible for possible damages, delays and incidents related to the goods from the moment of the delivery to the first courier.
The Buyer is in charge of any claims and actions against the courier or the assurance company.
4. CHANGES IN PRODUCT, PRODUCT INFORMATION, QUANTITIES AND PRICING
We are constantly updating and revising our offerings of Products. All pricing for the Products are subject to change. For all of our prices and Products, we reserve the right to make adjustments to your order due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other exceptional circumstances.
Due to logistic and quality control reasons it can also occur that the quantity (in meters) you selected in your order will differ slightly from the quantity (in meters) displayed at check-out and/or the quantity finally confirmed in our final order confirmation. We need to calculate a certain tolerance in order to handle the transaction logistically as follows:
A tolerance of +- 5% on quantity, weight and technical characteristics is always to be considered up to 1.000m, for more than 1.000m, the tolerance is of +-3% between the ordered quantity and the delivered quantity per order, and for single quantities per article and colour; of 10% on the length of the fabric, of 10% on the weight of the fabric per meter, of 5% on the width of the fabric.
If you have any questions regarding this topic, please feel free to contact our customer service.
5. ADVERTISING DISCLAIMER AND TRADEMARKS (ACCURACY OF INFORMATION)
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. Despite our efforts, the information in the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Website. For example, Products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice.
In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed. If you have already transferred the money we shall immediately issue a refund to your bank account in the amount of the charge.
Color rendering and display are not binding as they depend to the type and calibration of your PC/device monitor or screen. To have a 100% guarantee, you have to order a sample.
Fabric House retains all rights regarding its trademarks. All other trademarks displayed on the Websites are trademarks of their respective owners. Nothing contained in the Website should be intended as granting a license to the use of any trademark displayed on the Website.
6. LIMITATION OF LIABILITY
In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), product liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our Website.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.
7. CLAIMS / CANCELLATION / RETURNS POLICIES
We want all of our Customers to be happy with the purchases made through our Website. Please be aware of the following policies.
Claims: The Products are subject to a 100% quality inspection prior to the delivery. Therefore, you agree that the Products are not guaranteed by Fabric House.
Complaints, Terms and Termination
Any complaints related to damages of the goods must be forwarded in writing to the Seller. No claims will be considered after 8 days from good-receipt in case of evident damages, and within 8 days from the discovery of non-evident damages. Claims must include a detailed description of the reported damages and a video and photo documentation.
Claims admissibility and Seller’s limitation of responsibility
The Seller can only respond to claims in conformity with the point 1. No claim will be admitted if the goods have been wholly or partially worked up and or handed over. The Buyer who works up the goods, even if damaged, without previously checking it, loses every right to a potential compensation. In any case, the Seller will be only responsible for picking up the goods and refund the Buyer the price payed for the goods. Differences in colours, touch of the fabric exc. (within the limits of the normal tolerance) will not be considered as contestations. Concerning damages that partially affect the fabric (like rips, holes, etc.) there will be a tolerance of 10cm of fabric each. Claimed goods must be at Seller’s disposal for any necessary test and shall be perfectly conserved. The Buyer cannot make a claim about the non-suitability of the goods, since the sale is by sample. It is the responsibility of the Buyer to previously check the suitability of the goods, depending on the aim.
Different Fabrics Manufacturing
Fabrics from different lots must be used separately. The Seller is not responsible for any damage or loss in case of non-observance of this disposition.
Solve et Repete
In case of a claim presentation, the Buyer must anyway pay the invoices respecting the established deadlines.
If the conditions of the claim are satisfied, the interest on the potentially refunded amount will be accredited to the Buyer (in conformity with the point 2) according to the payment date, according to the legal rate in force at the payment date.
8. CONTESTS AND PROMOTIONS
On occasion we will issue promotional codes, site credits, and similar “gift certificates” in the form of alphanumeric codes which will provide a credit towards a www.fabric-house.eu Products purchase when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. Multiple promotional codes may not be used for one order transaction. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent.
The promotion is applicable as long as the Products are available. If the Products are sold out, the promotion is not applicable anymore.
Fabric House shall not be liable to any Customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a Customer to use a promotional code for any reason.
This clause 8 is without prejudice of any different rules or regulation on the prize and/or competition which may be organized by Fabric House.
Please note that our B2B customers will have one sample request for free for each order. Should you need another sample selection before placing your order, then we need to charge 25,00€ as cost contribution for sampling and shipping.
For all our B2C customers we need to charge 14,50€ as cost contribution for sample and shipping service for every sampling request.
11. WEBSITE DISCLAIMER
The information contained in this Website is for general information purposes only. The information is provided by Fabric House and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Fabric House. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. The supply of services or the sale of products performed by third parties that are on the Website through links, banners or other hypertext links, are not regulated by these terms and conditions.
Every effort is made to keep the website up and running smoothly. However, Fabric House takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of Italy, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Milan Courts with respect to such matters.
Pursuant to arts. 1341 and 1342 of Italian Civil Code, the Customer, by clicking here, specifically agrees with the following provisions set out in clauses: 2 (Order acceptance and cancellation), 4 (Changes in Product, Product Information, Quantities and Pricing) 6 (Limitation of liability), 7 (Claim and Cancellation / returns policies), 11 (Website Disclaimer), 12 (Miscellaneous).