Welcome to the Fabric Superstore website at www.fabricsuperstore.co.za. Please take a moment to read these terms and conditions including our policies (“Terms”) to understand how they apply to your use of our website and any products or services that you may order online.
If you have any questions regarding our website, the Terms, products or services, please contact us.
1. GENERAL TERMS
• Who owns this website?
The Fabric Superstore website at www.fabricsuperstore.co.za is owned and operated by Sandton Fabrics (Pty) Ltd (“Sandton Fabrics”), a company registered in the Republic of South Africa under company registration number 2012/107914/07, which has its registered office at 17 Mashie Street, Lakeside, Cape Town, 7945.
• Terms and conditions apply
These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these Terms.
• Amended or updated terms
We may periodically update or change the Terms without notice. You should check them from time to time, as your continued use of our website will mean you accept any updated or revised Terms.
• Law & arbitration
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Cape Town at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.
• Use of our website
You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.
We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
• Use of our website outside South Africa
Customers who are not resident in South Africa are welcome to use our website in accordance with these Terms to make online purchases. Once your order has been placed please call us to arrange shipment, additional shipping charges will occur. For more information please contact us.
Click here to receive our newsletter and other marketing material. You are free to opt out of receiving our marketing material at any stage by clicking here. It may take up to one month for your profile to be updated.
Your privacy is very important to us and therefore any information that you upload on our website including any payment card information will be stored on a secure server. Our secure server encrypts your identity number and payment card details in order to minimise the risk of unauthorised disclosure or interception. Our website makes use of ‘cookies’ which collect data about the device that you use to access our website. The cookies minimise the possibility of unauthorised access to, and disclosure of, your personal information. We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. We may do so if you have granted consent thereto.
Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us.
• Accuracy of website content
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values
• Your comments
We value your comments, ideas, suggestions and feedback (“your Comments”) via our website. We will not respond to, maintain or compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments.
You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.
• Intellectual Property
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
• Use of our logos, content and images
You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.
• Disclaimers and Exclusions of Liability
Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this website.
2. ONLINE SHOPPING TERMS
These online shopping terms and conditions apply to all purchases ordered online at www.fabricsuperstore.co.za Please read them carefully and print a copy for future reference.
Tailored Goods vs Non Tailored Goods
Tailored goods are all goods that have been altered by us in anyway. These include all curtains and all fabrics less than 50m in length; Table Linen and Accessories that have been made to order. All other goods including fabric orders where a single fabric is over 50 m are considered Non Tailored goods.
• Product Sales and Availability
All products displayed on our website are subject to availability. All shipping quotes including free delivery is for delivery only with in the Republic of South Africa. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device’s display of any colour will be accurate. We encourage you to order free samples delivered to your door and where possible visit one of our supplier’s showrooms. For details of suppliers showrooms please contact us.
• Content Errors
We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website.
• Methods of Payment
We will debit the total value of your online order against the payment card tendered by you during the check out process. Payment will be effected on acceptance of your order and prior to delivery.
By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
• Stock Availability
Fabric Superstore cannot always guarantee availability of stock and will contact you immediately and offer a refund should stock prove unavailable
If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered.
• Confirmation of Orders
Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
Please read our delivery policy. Please allow 3 to 5 working days on all cut fabrics and ready made curtains and up to 21 working days on custom made curtains and upholstery services.
• Refunds and Returns Policy
Should goods reach you in a damaged or unsatisfactory condition please return them within 5 working days for exchange or store Credit. Please note this policy is void if goods are cut or in any way altered.
All tailored goods (including all cut fabrics under 50 m in length, custom made curtains and upholstery services) that have been customised, cannot be returned unless the quality or condition is unsatisfactory. All non-tailored goods including ready made curtains or single fabric in access of 50m may be returned and exchanged for store credit if done so within 5 working days from when goods are received.
If any goods arrive in a damaged or unsatisfactory state please report the complaint to our sales department.
If for any reason you would like to cancel an order please contact our Customer Services on 021 794 0595. Fabric Superstore endeavours to make every effort to facilitate your cancellation wishes and can be canceled if your products has not been dispatched, however regarding any products that have been tailored, personalised altered in any way we regret that no cancellation is possible. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.
• Risk and Ownership
Risk in the products shall pass to you or your authorized representative on delivery. We will retain ownership in the products until payment has been received in full.