Terms & Conditions
(1) 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, please contact us to discuss it.
(2) INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are George Stross Limited trading as Fabworks Online, a company registered in England and Wales since 1943. Our company registration number is 00380070 and our registered office is at Providence Mills, Bradford Street, Dewsbury, WF13 1EN. Our registered VAT number is 890 7945 71.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01924 675111 (Extension 3), or by writing to us at enquiries@fabworksonline.co.uk or Providence Mills, Bradford Street, Dewsbury, WF13 1EN.
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.
(3) OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline that you have specified.
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.
(4) OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. They are pictures of the actual products and, although we make 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 Making sure your measurements are accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website, or by contacting us.
(5) RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered. If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. Please note that made-to-order items and cut lengths of fabric can only be returned or exchanged if faulty. 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. We will also ask you to confirm whether you wish to go ahead with the change.
5.2 We may change the product to reflect changes in relevant laws and regulatory requirements, and to implement improvements. These changes will not affect your use of the product.
(6) PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the product 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 that you have paid for but not received.
6.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours after we have contacted you to confirm that they are ready for collection.
6.5 If you are not going to be at home when the product is delivered. If you will not be available for your delivery time slot, you will have the option to make alternative arrangements with our courier service. To rearrange delivery or collect your products from a local depot, you must contact our courier service directly once you have been notified that they have collected your parcel from us. Any re-delivery arrangements are your responsibility. Our parcel carriers will make contact with you and offer options.
6.6 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, or from the time you collect it from us.
6.7 When you own goods. You own a product which is goods once we have received payment in full.
6.8 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 10.4) we may suspend supply of the products until you have paid us the outstanding amounts.
(7) YOUR RIGHTS TO END THE CONTRACT
7.1 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:
7.2 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 7.2.1 to 7.2.4 below then 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:
7.2.2 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;
7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
7.2.4 you have a legal right to end the contract because of something we have done wrong.
7.3 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.
7.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Fabworks to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 9.2):
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Right under the Consumer Contracts Regulations 2013 |
How our goodwill guarantee is more generous |
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14 day period to change your mind |
21 day period to change your mind |
(8) HOW TO END THE CONTRACT WITH US
(INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or email: call customer services on 01924 675111 (Extension 3) or email us at enquiries@fabworksonline.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 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 return the goods 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. Please call customer services on 01924 675111 (Extension 3) or email us at enquiries@fabworksonline.co.uk for a return label or to arrange a 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.
8.3 When we will pay the costs of return. We will pay the costs of return:
8.3.1 if the products are faulty or misdescribed; or
8.3.2 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.
8.4 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. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds. If you are exercising your right to change your mind:
8.5.1 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. We will refund you the price paid once we are able to inspect the goods to ensure they have been handled in an acceptable way and are complete. If they have not, you must pay us an appropriate amount.
8.5.2 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 3–5 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.
8.6 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:
8.6.1 Your refund will be made within 14 days from the day on which we receive the product back from you; or
8.6.2 In all other cases, your refund will be made within 14 days of your telling us that you have changed your mind.
8.6.3 In all cases, your refund will be made by the same method that you paid us.
(9) IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone the Fabworks Online team on 01924 675111 (Extension 3), or write to us at enquiries@fabworksonline.co.uk or Providence Mills, Bradford Street, Dewsbury, WF13 1EN.
9.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund;
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases; and
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products then you must either return them in person to where you bought them, or 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 the Fabworks Online team on 01924 675111 (Extension 3) or email us at enquiries@fabworksonline.co.uk for a return label or to arrange a collection.
(10) PRICE AND PAYMENT
10.1 Where to find the price for the product. The price of the product (which includes 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 10.3 for what happens if we discover an error in the price of the product you order.
10.2 We will pass on changes in the rate of VAT. If the rate of 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 takes effect.
10.3 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 unmistakable 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.
10.4 When you must pay and how you must pay. We accept payment with PayPal, Visa, Mastercard, Maestro, Solo, Amex, Diners Club and JCB. For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(11) OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 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. 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.
11.2 We are not liable for business losses. 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.
(12) HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to us:
12.1.1 to supply the products to you;
12.1.2 to process your payment for the products; and
12.1.3 if you have signed up to the Fabworks Bulletin, to inform you about our products, offers and news. You may stop receiving these updates at any time by unsubscribing via a Fabworks Bulletin email or by contacting us.
12.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
12.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
(13) OTHER IMPORTANT TERMS
13.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3 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.
13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything that 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.