TERMS & CONDITIONS
PREAMBLE
Welcome to www.fabricate-me.com (the “Site”), a website operated by Fabricate-me (“Fabricate-me”, “we”, “us”, “our” and other similar references). We provide our users (collectively, “you” or “your”) with a marketplace where we sell products (“Products”) .
By accessing or using the Site, or purchasing our Products, you agree to be bound by the all of the terms and conditions in, and linked to, this Terms of Service (the “TOS”or the “Agreement”).
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1.USE OF SITE
The online store of the www.fabricate-me.com site shall be governed under the terms and conditions here defined (TOS), which the Customer agrees to comply with.
It provides a service for buying original printed textiles, ceramics and designs and limited editions through the website.
2.ORDERS
When you place an Order, we will confirm your Payment Information and shipping address by sending an email to the email address you have provided.
Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s).
For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Fabricate-me until the Product(s) has been shipped.
Orders for delivery to PO Boxes will not be accepted.
The products shown in the online catalogue are limited to existing stock. In case any item is unavailable, Fabricate-me will inform the Customer as soon as possible.
If we decline to accept your Order, we will attempt to notify you at the email address you provided.
All Products will be deemed accepted by you upon shipment, and title to, and risk of loss of, any Products you order passes to you when Fabricate-me provides the Product(s) to a common carrier.
3.PAYMENT
To pay for an Order, you will need to provide Fabricate-me with the information necessary to process an Order from you, including your shipping and billing addresses and the following billing information:
(i) your name as it appears on the card,(ii) the credit card type (VISA, MasterCard, American Express or any other issuer then accepted by Fabricate-me), (iii) a valid credit card number; (iv) the date of expiration of your credit card, and (v) any activation numbers or codes needed to charge your card (collectively, your “Payment Information”).
By submitting your Payment Information to us, you authorize our third party payment processor to charge your credit card for the amount of the purchase.
In case of PayPal payment you can pay in a fast and secure way with your PayPal account or your credit card, without exchanging financial information with the current website.
You represent that you will not use any credit card or other form of payment unless you have all necessary authorisation to do so.
We will not be liable in the event others acting with or without your permission use your credit card to make purchases on the Site.
4. PRICING & PRODUCTS
We make efforts to display our Products and their colours as accurately as possible; however displayed colours of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colours of the Products.
The photographs illustrating the Products are not contractual. We recommend that you consult the product characteristics for detailed information.
Products displayed may be out-of-stock or discontinued, and prices are subject to change.
We make every effort to ensure that the information presented is free of typographical errors regarding price or any other matter and whenever they occur, we proceed with their correction as soon as possible
All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price.
You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your Order.
5. DELIVERY & RETURNS
Deliveries take place within the time specified when placing the order.
The delivery time corresponds to the shipping time indicated at the time of ordering, plus any preparation time.
For international deliveries, for specific territories not listed, please enquire.
Please choose your artwork carefully as we do not accept returns. All items are final sale.
(Unless faulty, please notify within 7 days of receipt).
6. OWNERSHIP
All texts and images reproduced or represented in the www.fabricate-me.com site are the sole property of Fabricate-me and are, as such, strictly reserved for Fabricate-me and protected under copyright and intellectual property rights regarding third parties.
Any reproduction or representation, whether total or partial, of the www.fabricate-me.com site or of all or part of the elements included in it is strictly forbidden.
Trade names, trademarks or distinctive symbols, graphic designs reproduced in the www.fabricate-me.com site are protected under the laws applicable to industrial property. The reproduction or representation of all or part of any distinctive symbol is strictly forbidden.
7. MODIFICATION & NOTIFICATION
Fabricate-me reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site. If you object to any such changes, your sole recourse will be to cease access to the Site.
8. INDEMNITY & RELEASE
You agree to indemnify and hold Fabricate-me and (as applicable) Fabricate-me’s subsidiaries, affiliates, joint ventures, officers, directors, agents, and employees harmless from any claim or demand including reasonable attorney’s fees, made by any third party due to or arising out of: (i) your use of the Site or the Services; (ii) any Member Content; (iii) your breach of this TOS or the documents it incorporates by reference; or (iv) your violation of any law or the rights of a third party.
You hereby release Fabricate-me, Its employees, agents and successors from claims, demands any and all llosses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from: your use of the Site; your purchase of any Product(s).
9. ELECTRONIC COMMUNICATIONS
We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us.
You may withdraw your consent to receive Communications electronically by contacting us. If you withdraw your consent, from that time forward, you must stop using the Site. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption
10. REGISTRATION & DATA PROTECTION
When registering to use this website, we will ask the Customer to create a password. The Customer should keep it strictly confidential, not revealing nor sharing it with third parties. The Customer is entirely and exclusively responsible for the use of his/her password and any orders placed by using it, even without his/her knowledge.
In the case of registered Customers, we will collect the information required to carry out the whole sales transaction online and for future contacts that may be necessary so as to ensure the best customer service.
The Customer assures that the personal data provided is true and accurate and undertakes to notify any changes. Any loss or damage caused to the online store or a third party resulting from incorrect inaccurate or incomplete information on the registration forms will be the sole responsibility of the Customer.
The services provided by Fabricate-me will always honour the provisions of the Personal Data Protection Law - Law no. 67/98 of October the 26th, therefore, the sole purpose of Fabricate-me regarding the Customer's personal data is the customer’s account management, billing, communication with customers, statistical analysis and direct marketing, assuming the commitment to privacy and security in the processing of personal data of each customer.
The customer authorizes Fabricate-me to send information on products and services that may be of interest, using their personal data for direct marketing. At any time, you may request access, correction and deletion of data, by contacting us.
11. LEGLISATION
These Terms and Conditions for online shopping in Fabricate-me site are governed by UK legislation.
This TOS is personal to you, and you may not transfer, assign or delegate your right and/or duties under this TOS to anyone else and any attempted assignment or delegation is void.
The parties agree that any dispute arising from the interpretation and/or application of these Terms and Conditions, whose amicable settlement is not reached, will be submitted exclusively to the jurisdiction of the courts of the headquarters of thE Fabricate-me, with express waiver to any other.
By using the online store, the Customer accepts and agrees with these Terms and Conditions and the Privacy Policy and Personal Data Protection