Terms & Conditions
1. INFORMATION ABOUT US
This site is operated by and the goods you purchase will be supplied by fabfab GmbH ("we").
We are registered in Germany under company number HRB 9847 PI (Local court Pinneberg) and with our registered office at:
D - 22869 Schenefeld
Our VAT number is: DE-284724668
You can contact us by email at support [at] myfabrics.co.uk, by telephone on +44 (0)20 814 448 31 or write to us at fabfab GmbH, Osterbrooksweg 35-45, 22869 Schenefeld, Germany.
2. YOUR PERSONAL INFORMATION
3. CONTRACT CONCLUSION
If you submit an order for goods via this site by clicking 'Submit order', your order is an offer to us to buy the goods on our website.
We will acknowledge receipt of your order by sending you an automatically generated email accepting your order. With this email the contract will be concluded.
The contract will relate only to those specific goods which are referred to in our email confirming our acceptance of your order. You should read and check the details in this email to ensure that they are correct.
If the details in the email confirming your order are not correct, or if you are not satisfied with the details in the email, please contact us at support [at] myfabrics.co.uk
The contract can be concluded in either German or English.
We store the contract’s content and will send you the details of your order as well as the our general terms via e-mail. The contract text will be sent to you with the email purchase contract confirmation. The general terms you can find here at all times: http://www.myfabrics.co.uk/about/terms.htm
The details about your recent orders you will find in your customer login.
4. PRICE AND DELIVERY COSTS
We shall use our reasonable endeavours to ensure that the prices as quoted on our site are correct.
Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.
Where the correct price of the goods is less than our stated price, we will charge the lower amount on dispatch. If the correct price of the goods is higher than the price stated on our site, we may, if possible, reject your order in our discretion, in which case we will notify you of such rejection and the correct price for the goods.
Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs.
Delivery costs can be looked up here: Shipping costs
They will be notified to you separately before you submit your order and will be confirmed to you by email.
5. AVAILABILITY AND DELIVERY
Information displayed on this site relating to availability is subject to change by us without notice.
We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on the site.
Delivery will be made according to the information on the product pages after your order is accepted.
We are not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.
6. SINGLE LENGTH DELIVERIES
Orders of piece goods between 0.5 and 5 metres long will be sent as a single length. We may divide orders of fabric measuring in excess of 5 metres into shorter lengths. If less than 5 metres are available of any given fabric, you will be informed of this prior to despatch of the order.
Payment for goods can be made by one of the following payment methods:
- Advance payment
- Credit card (Your credit card will be charged following the submission of your order)
All registered customers can place orders on account after their first successful order.
Payment for goods will be made in accordance with the procedure explained in the information page “payment methods”.
8. WITHDRAWAL POLICY
Right of withdrawal
You have the right to withdraw from this contractual agreement within a period of fourteen days without providing substantiation for such withdrawal. The withdrawal period spans a period of fourteen days from the date
− upon which you or a third party nominated by you, who is not the carrier, shall take possession of the last of the goods, insofar as you shall have ordered multiple goods within the parameters of an integrated order and such goods shall be delivered within separate shipments;
In order to exercise your right of withdrawal, you must inform us
D - 22869 Schenefeld
T: +44 203 326 548 2
F: +49 (0)40 - 771 880 61
E-Mail: support [at] myfabrics.co.uk
of your decision to withdraw from this contractual agreement by issuing a clear statement (e.g. in a letter sent by post, a fax or an e-mail). You may use the appended sample withdrawal form for this purpose, although this is not mandatory. If you choose to exercise this option, we shall send you immediate confirmation (e.g. via e-mail) of receipt of such notice of withdrawal. Despatch of the notice of withdrawal prior to the expiry of the withdrawal period shall be deemed sufficient for compliance with the withdrawal period.
Consequences of withdrawal
If you withdraw from this contractual agreement, we shall be obligated to refund to you all payments that we have received from you, inclusive of shipping costs (with the exception of additional costs arising from your selection of a method of receiving the shipment that differs from the most cost-effective standard shipment method offered by us), immediately and no later than within fourteen days from the date upon which we receive your notice of withdrawal from this contractual agreement. Any such refund shall be remitted by means of the same method of payment that you used to carry out the original transaction unless an alternative arrangement has been expressly agreed with you. Under no circumstances shall any fees be charged to you on account of this refund. We may refuse to issue a refund until such time as we have had the goods returned again or until you have provided evidence of having returned the goods – whichever shall have occurred earlier.
You shall be required to return or hand over the goods to
D - 22869 Schenefeld
immediately and, in any case, no later than within fourteen days from the date upon which you inform us of your withdrawal from this contractual agreement. The deadline shall be deemed to have been met if you despatch the goods before expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall be required to pay for any depreciation of the goods only if such depreciation is attributable to any unnecessary handling of the goods in order to examine their condition, properties and operation.
Reasons for exclusion or termination
The right of withdrawal shall not subsist in the instance of contractual agreements concluded − for the delivery of goods that are not pre-fabricated and whose manufacture is contingent upon an individual selection or stipulation of the consumer or which are exclusively customised to suit the consumer's personal requirements;
− for the delivery of goods that can rapidly spoil or whose date of expiry would be quickly exceeded;
− for the delivery of alcoholic beverages whose price shall have been agreed upon contractual conclusion but which can be delivered no earlier than 30 days following contractual conclusion and whose current value is contingent upon market fluctuations over which the contractor has no influence;
− for the delivery of newspapers, journals or magazines with the exception of subscription contracts.
The right of withdrawal shall lapse prior to the scheduled date of expiry in the instance of contractual agreements concluded
− for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal shall have been removed following delivery; − for the delivery of goods that shall have been inseparably mixed with other commodities following delivery on account of their condition;
− for the delivery of audio or video recordings or of computer software in sealed packaging if the seal shall have been removed following delivery.
9. REFUNDS POLICY
When you return goods to us because you have cancelled the contract between us during the cooling-off period we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. We will refund the price of the goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
If you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will:
- provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or
- at your option, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid by you for the goods in question.
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. CANCELLATION BY US
We reserve the right to cancel the contract between us if, for example:
- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order.
11. TITLE AND RISK
You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
We are not responsible if you cannot access the site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the internet.
This site relies in part on software to work. Whilst we will monitor the site, we cannot guarantee that the site or any individual feature of the site will be error free, available all the time and/or free from viruses.
It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Nothing in these terms will affect any liability we may have:
(a) for fraudulent misrepresentation;
(b) for death or personal injury arising from our negligence:
(c) under Part I of the Consumer Protection Act 1987;
(d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or
(e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
13. EVENTS BEYOND OUR CONTROL
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion.
If any part of these terms is unenforceable, the enforceability of any other part of these terms will not be affected.
15. LAW AND JURISDICTION
These terms are governed by English law, and any contracts formed between via this site will be governed by English law. The English courts will have exclusive jurisdiction over any dispute relating to these terms or any contracts between us.
All notices you send us must be sent to the contact details on this site. We may give notice to you at either the e-mail or postal address you provide to us when making a purchase. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
17. ONLINE DISPUTE RESOLUTION
The European Commission shortly provided a platform for online dispute resolution (ODR), which you can reach at https://webgate.ec.europa.eu/odr/ . We are neither obliged nor prepared to take part in a dispute resolution process in front of a consumer court of arbitration.
18. SAMPLES ORDERS
Any customer can order up to 5 samples per order free of charge.
Each further sample shall be charged at £1.
If an order solely contains samples, we charge a service fee of £3.
When you place the order, you are purchasing the samples and will receive a voucher for the sum of the £3 service fee.