Last Updated: 09/25/2019
Skyline Fabrics LTD and/or its affiliates (“Skyline Fabrics”, “Fabricade Fabrics”, “we” or “us”) operate an online store (“Fabricade Fabrics Shop”) located at fabricadefabrics.com from which you may purchase products and services (“Fabricade Fabrics Products”).
1. Information that you provide to us
2. Fabricade Fabrics Shop IP
You may choose to or we may invite you to submit comments or ideas about improvements to the Fabricade Fabrics Shop or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Fabricade Fabrics has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to Fabricade Fabrics Shop
Fabricade Fabrics grants you a limited, revocable, non-exclusive, non-transferable license to access the Fabricade Fabrics Shop. This license does not include a right to use any of the content and information, including product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.
4. Products, Content, and Specifications.
Details of the products and services available for purchase in the Fabricade Fabrics Shop (“Fabricade Fabrics Shop Products”) are set out in the Fabricade Fabrics Shop. All features, content, specifications, products and prices of products and services described or depicted in this Fabricade Fabrics Shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Fabricade Fabrics Shop due to the limitations of the systems that you use to access the Fabricade Fabrics Shop. The inclusion of any products or services in the Fabricade Fabrics Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
All prices for products and services purchased from the Fabricade Fabrics Shop are in United States Dollars. Payment must be made via our secure, online credit card form processed by Stripe at the time of purchase unless otherwise stated.
5. Your account
We may require that you create an account to access the Fabricade Fabrics Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
6. Shipping and returns
This section 6 applies to Fabricade Fabrics Shop Products that are physical goods. For clarity, this Section 6 applies despite any contrary terms in any invoice or purchase order.
Orders are shipped using carriers selected by Fabricade Fabrics. The shipping fees you will be charged, if any, may be charged after the intial order has been created. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Fabricade Fabrics is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Fabricade Fabrics Shop Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).
Fabricade Fabrics Shop Products may not be returned unless there was a problem with order in our error. If there is a problem with your order or product that is our fault, please contact us. Return shipping instructions will be provided. Fabricade Fabrics will cover the cost of return shipping and will refund your purchase price in full.
7. Sanctions and export policy
You may not use the Fabricade Fabrics Shop or purchase any Fabricade Fabrics Shop Produt in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Fabricade Fabrics Shop or any Fabricade Fabrics Shop Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
8. No warranties
We provide the Fabricade Fabrics Shop, Fabricade Fabrics Shop IP and Fabricade Fabrics Shop Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Fabricade Fabrics or obtained by you from or through the Fabricade Fabrics Shop – whether from Fabricade Fabrics or another entity, and whether oral or written – creates or implies any warranty from Fabricade Fabrics to you.
Fabricade Fabrics disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Fabricade Fabrics Shop; (b) that the Fabricade Fabrics Shop Products will meet your specific needs or requirements; (c) that the Fabricade Fabrics Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Fabricade Fabrics will correct any defects or errors in the Fabricade Fabrics Shop; or (e) that the Fabricade Fabrics Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Fabricade Fabrics Shop is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
9. Limitation of liability
You agree to limit any additional liability not disclaimed or denied by Fabricade Fabrics in relation to the Fabricade Fabrics Shop, Fabricade Fabrics Shop IP, and Fabricade Fabrics Shop Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Fabricade Fabrics during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
11. Applicable law
12. Modification and severability
13. Our address
Skyline Fabrics LTD
130-11 Atlantic Ave Fl 3
Richmond Hill, NY 11418