Terms and Conditions

FabricDirect.com.au Terms & Conditions

Introduction

Welcome to FabricDirect.com.au and thank you for shopping with us.

The following Terms and Conditions apply to the use of the website FabricDirect.com.au and the purchase of goods from it.

If you need more information or assistance please contact us on +61 2 4620 6746 between normal business hours Monday to Friday (excluding public holidays), or simply email fabricdirect@bigpond.com

Acknowledgment and acceptance

Please note that by accessing, using or browsing the FabricDirect website you agree to be bound by its terms, conditions disclaimers and limitations of liability ("Terms and Conditions"). The website is owned by Eveleen Curtis (ABN 21 944 394 768).

FabricDirect.com.au reserves the right to change such Terms and Conditions at anytime without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Limitation of liability

Any liability of FabricDirect.com.au or its associates in connection with goods supplied to you will, subject to the maximum extent permitted by law, be limited to the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods.

Copyright

Copyright of the website is property of FabricDirect.com.au. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of FabricDirect.com.au and third parties. This property may only be used for the purposes of browsing the website and acquiring goods of FabricDirect.com.au.

Applicable law

These Terms and Conditions are governed by the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Information provided by you

If you purchase goods from FabricDirect.com.au or create a membership account with us, we may require you to provide your name, address, email address, credit card details or other details ("Customer Information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide FabricDirect.com.au with current, complete and accurate Customer Information when asked to do so by the Website or an employee/representative of FabricDirect.com.au.

Virus warning

All care is taken to ensure that the website and transmissions are free from computer viruses. However, it is your responsibility to scan/check for viruses.

SSL Certificate

At FabricDirect.com.au we use 128-bit SSL encryption, the highest level of SSL encryption currently available to consumers. This ensures the safety and security of your credit card transactions. SSL ("Secure Sockets Layer") basically means that our server and your browser create and agree on an encryption key that will be used only for that particular session. Once established, this key encrypts all communication between our server and your browser.

Privacy

We treat all Customer Information in accordance with our Privacy Policy which constitutes part of these Terms and Conditions.

Privacy Policy

At FabricDirect.com.au we take privacy very seriously.

For FabricDirect.com.au to process your order, we need personal information. Other information may also be collected from you with your permission such as preferences or interests in particular goods. Other such information may be used to verify credit card details.

The information that you provide to us will be used to process your order, improve the FabricDirect.com.au Website and to communicate with you new products and also at times the opportunity to take up on special offers or promotions. You will have the option to opt-out of this communication by replying to any communication.

We may send out periodical communications to persons who have "opted in" or have requested to receive email updates about products and special offers and to provide other information about FabricDirect.com.au We respect our customers' rights to privacy and will not send out to "spam" our customers.

Any Customer Information provided will be kept private and confidential, however, where fraud or other criminal activity is suspected, we do communicate with Banks and relevant authorities such as the NSW Police.

Product information

Prices of goods, postage and handling fees, and other charges displayed on the FabricDirect.com.au website are current at the time of display. These prices are subject to change without notice.

We always attempt to provide accurate and current product descriptions and pricing. Nevertheless, we cannot warrant that product descriptions or other content of the FabricDirect.xom.au website is error free.

Placing and acceptance of orders

Orders will not be sent until payment in full has been received and FabricDirect.com.au is satisfied with the integrity of the order.

Without limiting the operation of any other Terms and Conditions herein, FabricDirect.com.au is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you and Order Confirmation for the sole purpose of confirming the details of your offer. Please be aware that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Cancellation by us

We reserve the right not to provide goods, terminate membership accounts remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by you

If you need to cancel an order, please contact us immediately on (+61 2) 4620 6746. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation is within our sole discretion. 

Delivery

It is your obligation to enter in the correct delivery details at the time of ordering.

Should you enter the wrong address, we are not obligated to re-send the order to the correct address at our expense.

We will provide you with an estimated date for delivery of all parcels. Whilst we make every effort to arrange for delivery by this time, all dates are estimates only. All goods are delivered by Australia Post (standard post).

Subject to further cost, delivery by courier or registered post can be arranged only if requested by you before dispatch. 

It is the customer's responsibility to inform us if the order does not arrive. We will not be held liable for any loss or damage resulting from late delivery. Once we learn an order has not arrived by the expected date, we will lodge enquiries with Australia Post or the relevant courier to ensure delivery occurs as soon as possible. Please note if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion.

Without limiting the operation of any other Terms and Conditions herein, you agree that delivery does not constitute a failure of our agreement and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Returns and exchanges

You or the recipient of an order may return an item that has been purchased from FabricDirect.com.au because you have changed your mind or are unhappy with a gift.

If you return goods via an Australian Post Office, please keep the relevant proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item.

It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during the return transit.

Except where required by law, all returned products must be:

1                    Undamaged;

2                    Returned within 21 days of delivery; and

3                    In a saleable condition upon return.

In the event of a return by you or the recipient of a gift, we will exchange or refund the purchase price and original postage fee. However, you will pay the postage and handling fee of the return to FabricDirect.com.au and re-delivery to you of any exchange or refund.

Goods damaged or faulty on delivery

Except where required by law, you must return damaged goods within 21 days of receipt.

If a good is later deemed to be faulty FabricDirect.com.au will not refund the original product price, postage and handling fee or replace the item.

In the event that you receive a damaged or defective product, and provided that you return the item to us within 21 days of delivery, we will refund the original product price, postage and handling fee via the original method of payment. Alternatively, if you request a replacement, we will send you a replacement item (subject to available stock) once we receive the returned item, at our cost.

Release and indemnity

You agree to waive any and all claims that you now or may have in the future against FabricDirect.com.au and its associates which relate to or are incidental to any transaction.

You agree to indemnify and hold FabricDirect.com.au harmless from any claim made by any third party due to or arising out of your use of the website, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.