- The Prinfab® website is owned and operated by Fabisimo Ltd. Fabisimo Ltd is a company registered in England and Wales (registration number 9947570) at Little Lodge, Church Lane, Doddington, ME9 0AZ, United Kingdom.
- By using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
- We reserve the right to update, change or replace any part of these terms and conditions. It is your responsibility to check the website periodically for changes. Your continued use the website following any changes constitutes acceptance of those changes.
License to Use Website
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website;
- subject to the other provisions of these terms and conditions
- Except as expressly permitted by Section 2.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
- You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
- Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website.
- We reserve the right to restrict access to areas of our website at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
- yourself; and
- the person, company or other legal entity that operates that business or organisational project,
Registration and Account
- This Section 4 applies to buyers and prospective buyers, and sellers and prospective buyers.
- To be eligible for an account on our website under this Section 4, you must be at least 18 years of age.
- You may register an account with our website by:
- completing and submitting the account registration form on our website or;
- creating an account during the checkout process
Cancellation and Suspension of Account
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
- suspend your account;
- cancel your account; and/or
- edit your account details,
- You may cancel your account on our website by contacting us.
- If you register for an account with our website, you will be asked to choose a password.
- You must keep your password confidential
- You must notify us in writing immediately if you become aware of any disclosure of your password.
- You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- In these terms and conditions, "Your Designs" means all works and materials (including without limitation text, graphics, images, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- If you choose to upload a design to our website, you grant to us permission to use, store and reproduce your design for the purpose of fulfilling your order unless you list your designs for sale (refer to Seller Listings).
- You may edit your design to the extent permitted using the editing functionality made available on our website.
- Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete or unpublish any or all of your design.
- You warrant and represent that your design will comply with these terms and conditions.
- You warrant and represent that you own all rights including copyright to Your Design, or have the written permission of all persons who own rights to Your Design to use Your Design as stated in these terms.
- If someone other than you is the owner of Your Design, or has created Your Design, you must obtain written permission from those persons before uploading to our website.
- Your design must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your design, and the use of your design by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- be pornographic
- be untrue, false, inaccurate or misleading;
- Your design must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
- You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
- You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
- We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
- The sale and purchase of products through our website will be subject to these terms, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
- Our prices are quoted on our website.
- We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
- All amounts stated in these terms and conditions or on our website are stated inclusive of VAT if applicable.
- It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
- In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
Shop Order Process
- No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this section
- To enter into a contract through our website to purchase products from us, you must add products to your basket and complete the checkout process
- You will have the opportunity to identify and correct input errors prior to making your order before placing the place order button.
- You must, during the checkout process, pay the prices of the products you order.
- Payments may be made by any of the permitted methods specified on our website.
- If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section.
- an amount equal to the amount of the charge-back;
- all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- an administration fee of £25.00 including VAT; and
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this section (including without limitation legal fees and debt collection fees),
- We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
- We will use reasonable endeavours to despatch your products on or before the date for despatch set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
- We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 5 days following the later of receipt of payment and the date of the order confirmation.
Shop Order Cancellation
- This section applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
- beginning upon the submission of your offer; and
- before your order has been desaptched at which time an email notification will be sent.
- In order to withdraw an offer to contract or cancel a contract on the basis described in this section, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
- If you cancel an order in accordance with this section, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you.
- We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
- We will process a refund due to you as a result of a cancellation on the basis described in this section within the period of 14 days after the day the order was placed.
- You will not have any right to cancel a contract as described in this section insofar as the contract relates to any fabric that has been made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
Shop Order Returns
We are unable to accept returns on our made to order fabrics unless they are:
- damaged or;
- faulty or;
- incorrectly supplied;
- and you have notifed us within 14 days of receipt by means of a clear statement including a copy of your order invoice via email or by telephone
- You may be required to provide photographic evidence and / or to return the products to us. In such case, you will be required to do so within 14 days of receipt.
- If we request you to return the products to us, we will pay the costs associated with the return of products in accordance with this policy.
- If you return an order in accordance with this section, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you.
- We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
- We will process a refund due to you as a result of a return on the basis described in this section within the period of 14 days after the day the order was placed.
- If you choose to sell on our website, you will be asked to choose a seller name.
- Your seller name must not be liable to mislead and must comply with the terms under the Seller Designs section; you must not use your account or seller name for or in connection with the impersonation of any person.
- If you choose to sell on our website, you will be able to create your own store on the website.
- Seller stores that are submitted will be individually reviewed following submission.
- Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete any seller store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on our website.
- If we permit the publication of a seller store, it will remain published on our website indefinitely, subject to these terms and conditions.
- In these terms and conditions, "seller listings" means "Your Designs" that you list for others to purchase as printed fabric.
- Seller Listing must comply with our terms, including the terms stated in "Your Designs"
- If you choose to sell on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:
- use, reproduce, store, adapt, publish and distribute your design in any existing or future media / reproduce on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your design on and in relation to this website, and;
- list and sell your design as printed fabric online via third parties.
- Listings that are submitted will be individually reviewed following submission.
- Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website.
- If we permit the publication of a listing, it will remain published on our website indefinitely, subject to these terms and conditions.
- Listings submitted to our website must be true, fair, complete and accurate in all respects.
- Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.
- You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.
- You must not use our website to advertise, buy, sell or supply services supplied by a third party.
You must not advertise, buy, sell or supply through our website any designs that:
- breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
- consists of or contains material that would, if published on our website by you, contravene the provisions of Section 3 or Section 13;
- is or relates to: obscene, indecent or sexually explicit materials; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right;
- Fabisimo Ltd will set the retail price of the products bearing Your Designs
- Sellers will receive commission payable at the rate of 12% net sales value (excluding value added taxes, sales taxes and delivery charges) of any product sold by us featuring their design 30 days from the point of sale on the following 1st of the following month. If the 1st is a non-working day, commission is paid on the next working day.
- Sellers will not receive commission if
- a buyer subsequently cancels, returns or is refunded an order for a product featuring their design, or;
- the design is no longer listed for sale when payment of commission is due
- We may vary commission rates by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.
- Commission is paid by us to the Seller using the Sellers nominated payment method when the commission owed is £10.00 or more. If the commission owed to the Seller is less than £10.00, the balance will be carried forward to the following month.
- It is the Sellers responsibility to ensure their payment method details are correct. We will not be held liable for any losses arising out of such a failure to ensure payment method details are correct.
- If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
- You can let us know about any such material or activity by contacting us.
We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- that the material on the website is up to date; or
- that the website or any service on the website will remain available.
- We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
- To the maximum extent permitted by applicable law and subject to Section 23.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and Exclusions of Liability
Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law,
- and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions:
- are subject to Section 17.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- We will not be liable to you in respect of any loss or corruption of any data, database or software
- We will not be liable to you in respect of any special, indirect or consequential loss or damage
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
- any breach by you of any provision of these terms and conditions; or
- your use of our website.
Breaches of these Terms and Conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all of your internet service providers and request that they block your access to our website;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our website.
- Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account).
Third Party Websites
- Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
- We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Prinfab®, Fabisimo, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
- The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
- We may revise these terms and conditions from time to time.
- The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our website.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third Party Rights
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
- These terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and Jurisdiction
- These terms and conditions shall be governed by and construed in accordance with English law.
- Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
Statutory and Regulatory Disclosures
- We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
- We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
- These terms and conditions are available in the English language only
- We are registered in England & Wales and our registration number is 9947570.
- Our VAT number is 230750243.
- This website is owned and operated by Fabisimo Ltd.
- We are registered in England and Wales under registration number 9947570, and our registered office is at Little Lodge, Church Lane, Doddington, ME9 0AZ, United Kingdom.
- Our principal place of business is at 940/14 Kent Science Park, ME9 8PS, United Kingdom.
- You can contact us by writing to the address given above, by using our website contact form, by telephone on the number given on our website or by email to the email address given on our website.
Last updated 1 September 2016.