This Agreement sets out the terms and conditions of your use of the Malbers Fabrics website located at www.malbersfabrics.co.uk and the purchase of anything from the Website.
By using this website you are agreeing to abide by the terms and conditions set out herein. If you object to any terms stated then you should not use or purchase any of the products or use any information contained within this website. All material contained within this site is the subject of copyright.
In this document, the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "Retail Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means Malbers Fabrics, Unit 6, Caddsdown Business Support Centre, Caddsdown Industrial Park, Bideford, North Devon, Ex39 3dx;
1.6 “Website” means www.malbersfabrics.co.uk;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. These Terms and Conditions are available to view on the website and are also provided on request by email.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.6 By registering for an account with the Website you agree to receive emails from the Website (www.malbersfabrics.co.uk) with all the latest news and special offers.
3. PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current retail price on the Seller's website (www.MalbersFabrics.co.uk) at the date of order or as agreed between the parties.
3.2 Payment of the total purchase price (including delivery charges) must be made in full before despatch of a retail purchase of the Goods.
4.1 Delivery of the Goods shall be made by the Seller for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed. All retail goods ordered will be sent by Hermes delivery. Any special delivery requests can be arranged at cost to the customer by prior arrangement.
4.2 The Seller aims to process all orders within 48 working hours of receipt. The Seller will when possible despatch the order in the same (working) day of receipt, depending on time the order is placed and postal collection times locally.
4.3 The Seller shall use its best endeavours to meet any date stated for delivery.
4.4 Malbers Fabrics is not responsible for shipping times or transit delays caused by situations outside of our control.
4.5 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.6 Title and risk of the Goods shall pass to the Buyer upon delivery of the Goods.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6. CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 2 days of delivery if the Goods are damaged or do not comply with any of the contract. PLEASE CHECK FOR FAULTS BEFORE USING OR CUTTING ANY GOODS AS ITEMS CANNOT BE RETURNED IN ANY CIRCUMSTANCES AFTER THEY HAVE BEEN USED OR CUT.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Buyer to return the Goods to the Seller. The Buyer shall be entitled to replacement Goods or a full refund if returned within 14 days from the date of delivery.
6.3 Goods to be returned must clearly include the Buyer's name and address and the original or copy invoice/delivery note number.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault (e.g. the Malbers Fabrics!! bead fitting instructions not being followed correctly or misuse) the Buyer will be liable for the cost of remedying such damage.
6.5 *Where Goods are purchased via the internet, by mail order or by phone, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a full refund by informing the Seller in writing (for example by email) within 14 days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding postage & packing, additional special delivery, international delivery charges and return postal charges) within 14 days after the day on which the Seller receives the Goods back. *ANY ORDER THAT HAS BEEN CUT TO A SPECIFIED LENGTH FOR THE BUYER CANNOT BE RETURNED FOR A REFUND UNLESS THE GOODS ARE FAULTY.
WHILST EVERY CARE HAS BEEN TAKEN TO ENSURE ACCURATE COLOURS IN OUR PHOTOGRAPHS PLEASE BE AWARE IT IS ALMOST IMPOSSIBLE TO REPRESENT COLOUR TO 100% ACCURACY!
6.6 Customers should ensure they contact the Seller, if they are at all unsure of the details of the product they wish to purchase. *Should Goods be ordered incorrectly the Seller will make every effort to exchange it in the shortest possible time, once the Goods have been returned to us intact, to ensure customer satisfaction. *ANY ORDER THAT HAS BEEN CUT TO A SPECIFIED LENGTH FOR THE BUYER CANNOT BE RETURNED FOR A REFUND UNLESS THE GOODS ARE FAULTY.
6.7 Goods should be returned intact. Your statutory rights are unaffected.
In addition to the Buyer's statutory rights, the Seller guarantees all goods against faulty workmanship and materials for a period of 14 days from the date of delivery.
8. TRADE PURCHASES WITHIN UK & EIRE
9. LIMITATION OF LIABILITY
9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
9.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
11. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.