- THESE TERMS
1.1 WHAT THESE TERMS COVER.
These are the terms and conditions on which we supply products to you.
1.2 WHY YOU SHOULD READ THEM.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 WHO WE ARE.
We are Fabric BV a company registered in Belgium. Our company registration number is 0725.947.703 and our registered office and main trading address is at Sluis 2D2 bus 07, 9810 Eke, Belgium. Our registered VAT number is BE0725.947.703.
2.2 HOW TO CONTACT US.
You can contact us by telephoning our customer service team at +32 (0)932 989 78, or by writing to us at firstname.lastname@example.org or by post to Sluis 2D2 bus 07, 9810 Eke, Belgium.
2.3 HOW WE MAY CONTACT YOU.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "WRITING" INCLUDES EMAILS.
When we use the words "writing" or "written" in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1 HOW WE WILL ACCEPT YOUR ORDER.
Once you have placed your order, we will email you to accept it. However, please note that our acceptance is conditional upon our receiving the required minimum number of orders for the product via our website to enable us to manufacture them, by the end of the campaign period in question. Please see clause 3.2 for what happens if we do not receive the required minimum number of orders for the product by the end of the relevant campaign period.
3.2 IF WE CANNOT PROCESS YOUR ORDER.
If we are unable to process your order and supply you with the product, because:
- (a) the required minimum number of orders for the product was not achieved by the end of the relevant campaign period, we will email you to let you know, and we will provide you with a full refund of the price you paid for the product within three days of the end of the campaign period in question; or
- (b) the type of garment you have requested is no longer available to us from our suppliers, we will upgrade the garment type to the next available type at a better quality.
3.3 YOUR ORDER NUMBER.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- OUR PRODUCTS
4.1 PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 PRODUCT PACKAGING MAY VARY.
The packaging of the product may vary from that shown on images on our website.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please either contact us before the end of the campaign period in question (you can find the end date on the sales confirmation page on our website and in the confirmation email we send to you), or make the change using the link we provide to you for this purpose in your confirmation email. We will let you know if the change is possible (for example, we may be able to change your order size or the delivery address if you contact us promptly, and in any event before the end of the campaign period). If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change (for example, we may need to make an extra charge if you change the delivery address to one in a different country), and ask you to confirm whether you wish to go ahead with the change. Please note that we are unable to accept changes to your order once the relevant campaign period has expired.
- OUR RIGHTS TO MAKE CHANGES
6.1 MINOR CHANGES TO THE PRODUCTS.
We may change the product:
- (a) to reflect changes in relevant laws and regulatory requirements; and
- (b) to implement minor technical adjustments and improvements, for example to upgrade the product or to modify the size, colour, artwork design and / or descriptive content of the product. These changes will not affect your use of the product.
6.2 MORE SIGNIFICANT CHANGES TO THE PRODUCTS AND THESE TERMS.
In addition, as we informed you in the description of the product on our website, we may change the garment type you have selected (for example in the event that a particular garment type is no longer in stock or is no longer available to us from our suppliers), but if we do so we will notify you and you may then contact us to end the contract and receive a full refund.
- PROVIDING THE PRODUCTS
7.1 DELIVERY COSTS.
The costs of delivery will be as displayed to you on our website.
7.2 WHEN WE WILL PROVIDE THE PRODUCTS.
We will deliver the product to you within 10 days of the date on which the relevant campaign period ends (you can find out when the campaign ends by checking the page on our website on which you viewed the product). Our normal delivery timescales are as follows (but these are estimates only and cannot be guaranteed):
- (a) Delivery within Belgium. Within 2-5 days of the end of the campaign period.
- (b) Delivery within Europe. Within 5-10 days of the end of the campaign period.
- (c) Delivery outside Europe. Within 10-21 days of the end of the campaign period.
7.3 WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL.
If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED.
If no one is available at your address to take delivery and the product cannot be posted through your letterbox, the Post Office or other carrier will usually leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 IF YOU DO NOT RE-ARRANGE DELIVERY.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot as advised by the Post Office or other carrier, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.6 WHEN YOU BECOME RESPONSIBLE FOR THE PRODUCT.
The product will be your responsibility from the time we deliver the product to the address you gave us.
7.7 WHEN YOU OWN GOODS.
You own the products once we have received payment in full.
7.8 WHAT WILL HAPPEN IF YOU DO NOT GIVE REQUIRED INFORMATION TO US.
We may need certain information from you so that we can supply the products to you, for example, your required size and garment colour selection. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- YOUR RIGHTS TO END THE CONTRACT
8.1 YOU CAN ALWAYS END YOUR CONTRACT WITH US.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 10;
- (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- (c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2 ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- (c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
- (d) you have a legal right to end the contract because of something we have done wrong.
8.3 EXERCISING YOUR RIGHT TO CHANGE YOUR MIND (CONSUMER CONTRACTS REGULATIONS 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 HOW LONG DO I HAVE TO CHANGE MY MIND?
You have 14 days after the day you (or someone you nominate) receive the goods.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 TELL US YOU WANT TO END THE CONTRACT.
To end the contract with us, please let us know by doing one of the following:
- (a) Phone or email. Call customer services on +32 (0)932 989 78 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- (b) By post. Simply write to us at Sluis 2D2 bus 7, 9810 Eke, Belgium
9.2 RETURNING PRODUCTS AFTER ENDING THE CONTRACT.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post the goods back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +32 (0) 932 989 78 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. We will donate the returned goods to any charity nominated by us at our sole discretion.
9.3 WHEN WE WILL PAY THE COSTS OF RETURN.
We will pay the costs of return:
- (a) if the products are faulty or misdescribed; or
- (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 HOW WE WILL REFUND YOU.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. We will usually do this within three working days, however please note that our payments processor may take between five and ten working days to activate the refund. Please also note that we may make deductions from the price, as described below.
9.5 DEDUCTIONS FROM REFUNDS.
If you are exercising your right to change your mind:
- (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within seven days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 WHEN YOUR REFUND WILL BE MADE.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then if we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
- IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 HOW TO TELL US ABOUT PROBLEMS.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +32 (0) 932 989 78 or write to us at email@example.com.
10.2 YOUR OBLIGATION TO RETURN REJECTED PRODUCTS.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +32 (0) 932 989 78 or email us at firstname.lastname@example.org for a return label or to arrange collection.
- PRICE AND PAYMENT
11.1 WHERE TO FIND THE PRICE FOR THE PRODUCT
The price of the product (which includes BE VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 WE WILL PASS ON CHANGES IN THE RATE OF BE VAT.
If the rate of BE VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT in Belgium takes effect.
11.3 WHAT HAPPENS IF WE GOT THE PRICE WRONG.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 WHEN YOU MUST PAY AND HOW YOU MUST PAY.
We accept all online payment methods supported by Mollie . You must pay for the products before we dispatch them.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 WE ARE NOT LIABLE FOR BUSINESS LOSSES.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 HOW WE WILL USE YOUR PERSONAL INFORMATION.
- (a) to supply the products to you;
- (b) to process your payment for the products; and
- (c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
13.2 WE WILL ONLY GIVE YOUR PERSONAL INFORMATION TO THIRD PARTIES:
- (b) where the law either requires or allows us to do so.
- OTHER IMPORTANT TERMS
14.1 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS.
These terms are governed by Belgian law and you can bring legal proceedings in respect of the products in the Belgian courts.