Terms and conditions

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Updated On: 04.04.2024

                                                                                                                                                                                                                                                                                                                                                                       

Andorra	Colombia	Gibraltar	Latvia	Portugal	Spain
Australia	Croatia	Great Britain	Liechtenstein	Republic of Korea	Sweden
Austria	Cyprus	Greece	Lithuania	Romania	Switzerland
Belarus	Czechia	Hong Kong	Luxembourg	Russian Federation	Taiwan
Belgium	Denmark	Hungary	Malta	Saudi Arabia	Turkey
Brazil	Estonia	Iceland	Monaco	Serbia	Ukraine
Bulgaria	Finland	Ireland	Netherlands	Singapore	United Arab Emirates
Canada	France	Israel	New Zealand	Slovakia	United States of America
Chile	Georgia	Italy	Norway	Slovenia
China	Germany	Japan	Poland	South Africa

If your country does not appears in the list, please contact us. 

For some countries we are not able to provide advance information about the shipping costs. In this case, you can send us a request and you will be contacted by one of our customer service representatives.

Please note that the shipping costs will not include possible duty fees and/or taxes applied at custom clearance depending on the legislature of your country.

Terms tolerances, reduction and Seller termination

The delivery terms established in the order confirmation from the Seller only have an approximate value; they are not essential terms according to the art. 1457c.c. and are always indicated by the Seller except for:

• Delay caused by force majeure

• Difficulties with raw materials supplies

• Demands or needs of production and/or commercialization

•   

  Non-execution by the Buyer of the established payment conditions

The delivery term is considered completed with the effective delivery of the goods by the Seller to the courier or directly at Buyer’s premises. The Seller complies with the delivery terms as far as possible: anyway, a tolerance of 15 working days is permitted. In case of force majeure impediments, the Seller will have the faculty to delay delivery or shipping, or to reduce the quantity of the goods not already delivered, until the end of the above-mentioned causes. The Buyer cannot claim any refund for damages because of the delayed delivery of the commissioned goods, as the delivery dates are approximate and never peremptory.

Transport Risks

Without specification, the goods are considered sold by EXW.

Goods travel exclusively at Buyers own risks and responsibility even if    sold as C.I.F. or F.O.B. or D.A.P.: consequently, the Seller is not    responsible for possible damages, delays and incidents related to the goods    after the moment of the delivery to the first courier.

The Buyer is in charge of any claims and actions against the courier or the    assurance company.

4. CHANGES IN PRODUCT, PRODUCT INFORMATION, QUANTITIES AND PRICING

We are constantly updating and revising our offerings of Products. All pricing for the Products are subject to change. For all of our prices and Products, we reserve the right to make adjustments to your order due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other exceptional circumstances.

Our deadstock fabrics are finished articles which are supplied to us in    rolls, each with a specific yet possibly very different length. These    ready-made rolls are cut to the requested size. The ordered amount as such    arrive in one or more pieces/rolls according to the availability in our    warehouse. Delivery in more cuts will not be accepted as valid basis for    possible claims. Whether a single roll or the sum of more rolls, the    delivered amount will always correspond to the ordered amount (or more).    Furthermore, a tolerance of +- 5% on quantity, weight and technical    characteristics is always to be considered up to 1.000m, for more than    1.000m, the tolerance is of +-3% between the ordered quantity and the    delivered quantity per order, and for single quantities per article and    colour; of 10% on the length of the fabric, of 10% on the weight of the    fabric per meter, of 5% on the width of the fabric.

If you have any questions regarding this topic, please feel free to contact our customer service.

5. ADVERTISING DISCLAIMER AND TRADEMARKS (ACCURACY OF INFORMATION)

We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. Despite our efforts, the information in the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Website. For example, Products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, We may make changes in information about price and availability without notice.

In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed. If you have already transferred the money we shall immediately issue a refund to your bank account in the amount of the charge.

Color rendering and display are not binding as they depend to the type and calibration of your PC/device monitor or screen. To have a 100% guarantee, you have to order a sample, this is also necessary to check a fabric’s pattern and design.

Fabric House retains all rights regarding its trademarks. All other trademarks displayed on the Websites are trademarks of their respective owners. Nothing contained in the Website should be intended as granting a license to the use of any trademark displayed on the Website.

6. Limitation of liability

In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), product liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our Website.

 Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.

7. CLAIMS / CANCELLATION / RETURNS POLICIES

We want all of our Customers to be happy with the purchases made through our Website. Please be aware of the following policies.

Claims: The Products are subject to a 100% quality inspection prior to the delivery. Therefore, you agree that the Products are not guaranteed by Fabric House.

Complaints, Terms and Termination

Any complaints related to damages of the goods must be forwarded in writing to the Seller. No claims will be considered after 8 days from good-receipt in case of evident damages, and within 45 days from the discovery of non-evident damages. Claims must include a detailed description of the reported damages and a video and photo documentation.

Return

The customer has the right to return an order within 30 days after purchase. “Cut to measure” rolls cannot be returned and fabrics must be returned intact and in their original packaging (on roll). Please note that you need to contact us for authorization before returning fabrics. Unauthorized returns or returns that do not meet the above conditions will not be accepted and no credit note will be issued in such cases. The shipping charges as well as any possible duties, taxes and other additional costs are the customers’ responsibility. If free or flat rate service, any promo or special condition was used in the delivery the original shipping costs will be charged in case of return.

Claims admissibility and Seller’s limitation of responsibility

The Seller can only respond to claims in conformity with the point 1. No claim will be admitted if the goods have been wholly or partially worked on and or handed over. The Buyer who works on/with the goods, even if damaged, without previously checking it, loses every right to a potential compensation. In any case, the Seller will only be responsible for picking up the goods and refund the Buyer the price paid for the goods. Differences in colours, touch of the fabric etc. (within the limits of the normal tolerance) are not contestable. Concerning damages that partially affect the fabric (like rips, holes, etc.) have a tolerance of 10cm of fabric each. Claimed goods must be at Seller’s disposal for any necessary test and shall be perfectly conserved. The Buyer cannot make a claim about the non-suitability of the goods, since the sale is by sample. It is the responsibility of the Buyer to previously check the suitability of the goods, depending on the aim.

Different Fabrics Manufacturing

Fabrics from different lots must be used separately. The Seller is not responsible for any damage or loss in case of non-observance of this disposition.

Solve et Repete

In case of a claim presentation, the Buyer must pay the invoices respecting the established deadlines.

If the conditions of the claim are satisfied, the interest on the potentially refunded amount will be accredited to the Buyer (in conformity with the point 2) according to the payment date, according to the legal rate in force on the payment date.

8. CONTESTS AND PROMOTIONS

On occasion we will issue promotional codes, site credits, and similar “gift certificates” in the form of alphanumeric codes which will provide a credit towards a www.fabrichouse.com Products purchase when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. Multiple promotional codes may not be used for one order transaction. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent.

The promotion is applicable as long as the Products are available. If the Products are sold out, the promotion is no longer applicable.

Fabric House shall not be liable to any Customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a Customer to use a promotional code for any reason.

This clause 8 is without prejudice of any different rules or regulation on the prize and/or competition which may be organized by Fabric House.

9. SAMPLES

Please note that our B2B customers will have one sample request for free for each order. Should you need another sample selection before placing your order, then we need to charge 25,00€ as cost contribution for sampling and shipping.

For all our B2C customers we need to charge 19,50€ as cost contribution for sample and shipping service for every sampling request.

10. PRIVACY

You will find information on how we process your personal data by clicking on the link to our Privacy Policy.

11. TRADE WITH RUSSIA CLAUSE

(1) The Importer/Buyer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied or in connection with this Agreement that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014. 

(2) The Importer/Buyer shall undertake its best efforts to ensure that the purpose of paragraph (1) is not frustrated by any third parties further down the commercial chain, including by possible resellers. 

(3) The Importer/Buyer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers, that would frustrate the purpose of paragraph (1). 

(4) Any violation of paragraph (1), (2) or (3) shall constitute a material breach of an essential element of this Agreement and will have legal consequences. 

(5) The Importer/Buyer shall immediately inform the Fabric House about any problems in applying paragraphs (1), (2) or (3), including relevant activities by third parties that could frustrate the purpose of paragraph (1), The Importer/Buyer shall make available to the Fabric House information concerning compliance with the obligations under paragraph (1), (2) or (3) within two weeks of the simple request of such information. 

The clause is based on the following regulations:

Regulation - EU - 2023/2841 of 13 December 2023: https://eur-lex.europa.eu/eli/reg/2023/2841/oj 

Implementing Regulation - EU - 2024/753 of 23 February 2024:

By accepting the following Terms and Conditions, I declare:

• not to be controlled by public entities in Russia;

• not to have more than 50 percent public ownership in Russia;

• not to have profit shared with Russia;

•   

       not to be owned directly or indirectly with more than 50 % share by      entities listed in Annex XIX Reg. 833/2014;   

• not to act on behalf of entities listed in Annex XIX Reg. 833/2014.;

In case of any variations related to the above The Importer/Buyer shall promptly communicate this to Fabric House.

12. WEBSITE DISCLAIMER

The information contained in this Website is for general information purposes only. The information is provided by Fabric House and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Fabric House. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. The supply of services or the sale of products performed by third parties that are on the Website through links, banners or other hypertext links, are not regulated by these terms and conditions.

Every effort is made to keep the website up and running smoothly. However, Fabric House takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

13. MISCELLANEOUS

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of Italy, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Milan Courts with respect to such matters.

Pursuant to arts. 1341 and 1342 of Italian Civil Code, the Customer, by clicking here, specifically agrees with the following provisions set out in clauses: 2 (Order acceptance and cancellation), 4 (Changes in Product, Product Information, Quantities and Pricing) 6 (Limitation of liability), 7 (Claim and Cancellation / returns policies), 11 (Trade with Russia Clause), 12 (Website Disclaimer), 13 (Miscellaneous).