TERMS OF PURCHASE
a. You ("Your," "Yourself," "Customer," "User") and Fabric Art Shop, LLC. ("Fabric Art Shop," "FAS," "We," "Us," or "Our") agree that your order is an offer to purchase the products(s) listed in your order ("Product") on the terms and conditions listed below which will become a contract ("Agreement") when accepted by Fabric Art Shop via confirmation that specifically references your order or when FAS ships to you the Product you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by Fabric Art Shop. When you send your order to Fabric Art Shop to purchase the Product, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent.
b. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and Fabric Art Shop.
c. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.
2. Payment Terms. Fabric Art Shop accepts only those payment methods (credit/debit cards, ACH, Paypal, Gift Cards, etc.) mentioned on the product ordering screens as the payment options for your purchase. Your payment method will be charged at time of purchase on our website. Fabric Art Shop will retain any payment information supplied and all payment information may be used for future orders, services, subscriptions, activations, adjustments, refunds, and collection purposes. If you need special consideration for your payment information, please contact Fabric Art Shop before supplying your payment information.
3. Shipping Charges; Customer Location. Separate charges for shipping will be added to the cost of the Product. Because of the automated and fallible nature of the online shipping calculator, You authorize Fabric Art Shop to adjust your shipping charges prior to or after shipping your product, including making a separate transaction to cover any additional costs not covered by the shipping collected on the initial order. Fabric Art Shop may mark up the shipping costs for business reasons including but not limited to export duties or tariffs, taxes, handling, labor, and materials. Fabric Art Shop may choose to not accept orders from billing and shipping addresses located outside of the 50 United States, the District of Columbia, and Canada. Fabric Art Shop reserves the right to limit quantities. Fabric Art Shop does not guarantee a specific delivery date regardless of the shipping method chosen. You understand that orders placed may not ship on the next business day. Shipping will not be refunded after items have been released to the shipping company. Customer is responsible for shipping returned products back to Fabric Art Shop. Customer should obtain any necessary insurance to cover damages in transit as FAS will not accept liability for products returned which cannot be resold as new (including packaging, manuals, etc).
4. Taxes. All applicable taxes (e.g. local, federal, and state) are your responsibility and may be applied to the order. You agree to pay these taxes.
5. Title. Fabric Art Shop will ship the Product to you from Fabric Art Shop's manufacturing or distribution facility, as applicable, with title and risk of loss passing to you upon Fabric Art Shop's delivery of the Product to the first common carrier. Title to any applicable software will remain with the licensor(s).
6. Governmental Authorizations. You are solely responsible for obtaining any licenses or other governmental authorizations related to your use of any Products that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies. Neither Fabric Art Shop nor any of its employees is your agent or representative in governmental matters.
a. Limited Warranty. FAS does not provide a warranty on any items other than those manufactured by FAS or "Edie Barb Designs". For items manufactured by FAS, or Edie Barb Designs, a 30-day limited warranty will be provided. FAS may sell items that have a separate warranty provided by the manufacturer. FAS does not guarantee the manufacturers' warrantee and you understand that any assistance FAS may provide with a warrantee claim between yourself and the manufacturer will not add any additional warranty, obligation, or liability to FAS.
b. Limitations. Limited Warranty service will not be provided unless the Product, returned in the manner set forth below, is accompanied by a copy of your original dated sales receipt. FAS reserves the right to require you to provide your original dated sales receipt. Products purchased from non-authorized dealers may not qualify for warranty coverage.
c. Service. If something goes wrong with the Product, please contact our customer support department at 386-755-0179 or Support@FabricArtShop.com. Troubleshooting may be required prior to authorization for warrantee repair services. If service is recommended for your product, additional instructions will be provided. Additional terms and conditions may apply. If it is determined that your product does not qualify for warranty coverage, the following charges may or may not apply: Labor Hours, Parts, Materials, Estimate Services, Shipping and Handling.
d. This Limited Warranty does not cover the following:
any defect in or damage to the Product that occurs due to mishandling of the Product;
any defect in or damage to the Product that occurs due to repair, modification, or other similar activity after your purchase of the Product;
any defect in or damage to the Product that occurs due to the transport, dropping, shock, or other similar activity after your purchase of the Product;
any defect in or damage to the Product that occurs due to careless or improper storage, or improper use or maintenance of the Product;
any defect in or damage to the Product that occurs due to foreign objects such as dirt or grime, sand, water or liquids; and
any defect to the Product related to your failure to follow proper operating instructions provided by FAS, claims made after the Warranty Period, or your failure to follow the instructions set forth below with respect to return of the Product to FAS.
e. All other express and implied warranties for the product, including the implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed. FAS expressly disclaims all warranties not stated in this warranty. Any implied warranties that may be imposed by law are limited in duration to the terms of this express limited warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above exclusions or limitations may not apply to you. In no event will FAS be liable to you, or any third party, for any damages in excess of the purchase price of the product. In addition, FAS shall in no event be liable to you, or any third party, for any direct or indirect damages or other special, incidental, exemplary or consequential damages arising out of the use or inability to use the product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages for some products, so the exclusions or limitations may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which may vary from jurisdiction to jurisdiction.
Some states do not allow an exclusion or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
f. Notwithstanding any terms of this Limited Warranty to the contrary, no warranty coverage shall be provided for a Product purchased from, through, or with the assistance or involvement of any Internet auction web site, or other 3rd party reseller. Fabric Art Shop reserves the right to modify its warranties prospectively at any time, in its sole discretion.
8. Right to refuse service. Fabric Art Shop retains the right to refuse service to any customer for any reason permissible by law. This includes, but is not limited to, lack or inventory, shipping destination, past due balances owed.
9. Return Policy: Most items can be returned unopened with receipt for store credit or gift card within 30-days. Monetary refunds only permitted within 7-days if product is unopened with receipt. Monetary refunds will be returned to the original payment method used for the original purchase if possible and will be refunded in other methods at the sole choice and discretion of FAS. Shipping will not be refunded after items have been released to the shipping company. Customer is responsible for shipping returned products back to Fabric Art Shop. Machines are warrantied by the manufacturer and not Fabric Art Shop. See manufacturer documentation for details. Opened items may be accepted for return on a case-by-case basis and a restocking fee of 25-50% may apply. Speak with a manager for special requests. Software, Patterns, and Designs sales are final and are not eligible for return.
10. Products. Fabric Art Shop's policy is one of on-going product update and revision. Fabric Art Shop may revise or discontinue products at any time. Fabric Art Shop will ship products that have the functionality and performance of the products ordered, but differences between what is described in hardcopy or electronic versions of Fabric Art Shop products documentation and what is shipped are possible. Fabric Art Shop attempts to be as accurate as possible, but does not warrant that product descriptions or any other content or materials on this site are accurate, complete, current, or error-free. If a product you purchase from this site is not as described, your sole remedy is to return it in unused condition under the return policy. The items, parts, and assemblies used are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices.
11. Limitation of Liability. Except for personal injury, Fabric Art Shop's total liability whether for breach of contract, warranty, late delivery or non-delivery, negligence, strict liability in tort or otherwise, is limited to the price of the particular product(s) sold with respect to which losses or damages are claimed. Fabric Art Shop will not be liable for any incidental, special, or consequential damages, to the full extent such may be disclaimed by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
12. Compliance with the Law; Resale Sales. You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Product or this Agreement. Fabric Art Shop has additional terms and conditions governing purchase for resale, please contact us for resale purchases.
13. Export Compliance. The hardware, software, and technology provided to you are subject to the U.S. Export Administration Regulations and may be subject to similar laws, regulations, or requirements in other countries. You agree to comply with the U.S. Export Administration Regulations and such other laws, regulations, or requirements as may apply to your receipt, re-export and use of the hardware, software, and technology provided to you. This provision shall survive the termination of this contract. You agree to be billed for; to be automatically charged for; and/or to reimburse Fabric Art Shop for any Duties, Tariffs, Taxes, or other fees associated with the export of your product.
14. Third Party Products and Services. Products and/or services of parties other than Fabric Art Shop are sold or provided on this site. In addition, Fabric Art Shop may provide links to the sites of affiliated companies and certain other businesses. Fabric Art Shop is not responsible for examining or evaluating such third party products or services. Fabric Art Shop does not assume any responsibility or liability for the product, content, or actions of all these and any other third parties, and Fabric Art Shop does not warrant or provide technical support for the offerings of any third party products or services.
15. Subscription Services. FAS may offer subscription services or other goods which incur a regular monthly fee. These services may or may not include activation fees, minimum terms of service, early termination fees, additional shipping, or other add-on fees. Upon agreeing to a subscription service, you authorize Fabric Art Shop to automatically process payments on any stored payment option provided including any payment methods previously used with FAS whether used for a specific subscription service or not. You understand and agree that the cost of a subscription or service may change and you agree in advance to any such price change and subsequent automatic charging of the adjusted prices.
16. Automatic payment authorization; Payment information retention. By purchasing the product or service and agreeing to the Ts&Cs of this agreement, you authorize us to charge your credit/debit card/ACH/PayPal/or other stored payment methods for the product or service. Specific billing information concerning your automatic payment authorization is provided by you on our website. FAS will retain any payment information supplied and all payment information may be used for future orders, services, activations, early termination fees, and collection purposes. If you need special consideration for your payment information, please contact FAS before supplying your payment information.
17. Website Usage; Media Storage. Fabric Art Shop may provide an online website, individual account, and online storage in your account for digital media including but not limited to, purchase history, receipts, personal data, pictures, video, and audio recordings. Fabric Art Shop may send or otherwise transmit copies of media to you or your authorized recipients through various outlets including but not limited to email, download, text or picture mail ("MMS" and/or "SMS"). Fabric Art Shop does not make any guarantee or warranty that such data will remain intact, secure, free from error, or defect. You agree that Fabric Art Shop may rearrange, move, delete, copy, and/or modify your media or data for any reason at any time with or without notice. Fabric Art Shop may charge for use of the website or any of the features built into the website at any time with proper notice as prescribed in this Agreement. You agree that Fabric Art Shop may limit or block access to the website, your account, or the media contained within the site, in part or in whole, for any reason, at any time, and for any duration of time.
18. Dispute Resolution. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your statement. We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction. The arbitration will be administered by the National Arbitration Forum ("NAF") under its arbitration rules. If any NAF rule conflicts with the terms of the Agreement, the terms of the Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com. Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of your last billing address. The federal or state law that applies to the Agreement will also apply during the arbitration.
19. No Class Actions. To the extent allowed by law, we each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding. This section is intended to have a retroactive effect and will cover all previous purchase agreements, terms & conditions, and any other agreements or contracts between you and FAS or our affiliates.
20. Deposits: If requested, you agree to provide a deposit as a guarantee of payments or to increase the amount of any prior deposit should we find your credit standing, financial circumstances, or payment history unsatisfactory at any time or if your account incurs excessive charges. The amount of the deposit will be at our sole discretion. We reserve the right to apply any deposited amount towards any balance on your account including past due amounts, unbilled services, and early termination fees with or without notice to you. We will not pay interest on any deposited amount unless required by law. Any deposit amount remaining following your final charges will be refunded to you in a manner of our choosing. You also agree to promptly redeposit any amount so applied at our request. We may suspend or terminate services under the terms of this agreement if you fail to adhere to the deposit policies described in this paragraph.
21. Your Privacy - IMPORTANT INFORMATION: Please read carefully before making your purchase decision. Except as provided in this agreement or other agreements you may have with FAS, we will not intentionally share personal information about you without your permission. We may use and share information about you and how you use the services: (A) So we can provide our goods or services; (B) So others can provide goods or services to us, or to you on our behalf; (C) So we or our affiliates can communicate with you about goods or services that any of us offer (although you can call us at any time if you do not want us to do this); (D) To protect ourselves; or (E) As required by law, legal process, or exigent circumstances. In addition, we may include our own third party advertising in the services you have purchased from us, and we may share information about you with affiliates, vendors and third parties to, in addition to the above reasons, deliver relevant advertising to you while using the services. We may collect and transmit information regarding your use of the services through applications or other software present on your device. If you do not want us to collect, transmit or use such information about you for the above purposes, you should not use the services; by using the services, you expressly authorize us to use your information for these purposes. Further, you have authorized us to investigate your credit history at any time and to share credit information about you with credit reporting agencies and our affiliates. If you ask, we will tell you the name and address of any credit agency that gives us a credit report about you. It's illegal for unauthorized people to intercept your calls, but such interceptions can occur. For training or quality assurance, we may also monitor or record our calls with you.
22. Publicity. Neither party will use the other's name, logo, product names or trade or service marks, or refer to the other directly or indirectly in any advertising, sales presentation, news release, release to any professional or trade publication or for any other purpose without the other's prior written consent.
23. Governing Law. The terms and conditions of your purchase shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts or choice of laws principles. In any matter connected with this Site or the terms and conditions of your purchase, the parties hereto consent exclusively to personal jurisdiction in the United States District Court for the Middle District of Florida, or if that court lacks subject matter jurisdiction, in the courts of the State of Florida.