Terms

 

Terms and conditions

 

Eco fabrics is very excited to be able to provide our customers  with the opportunity to purchase some truly wonderful fabrics, patterns, books, fashion garments, accessories  and homewares. Please read the following terms and conditions carefully prior to purchasing as they constitute our conditions of purchase.

 


1. Definitions

1.1          “Eco fabrics” Shall mean Eco fabrics, it’s successors and assigns or any person acting on behalf of and with the authority of Eco fabrics.

1.2          “Purchaser” shall mean the purchaser or any person acting on behalf of and with the authority of the Purchaser.

1.3          “Goods” shall mean goods supplied by Eco fabrics to the Purchaser and are as described on the invoices, quotation, work authorisation or any other forms provided by Eco fabrics.

1.4          “Price” shall mean the cost of the goods as agreed between Eco fabrics and the Purchaser.

1.5          “Manufacturer” Shall mean the manufacturer responsible for the manufacturing of goods on behalf of Eco fabrics.

 

2. Acceptance

2.1          Any Instructions received by Eco fabrics from the Purchaser for the supply of Goods and/or the clients acceptance of goods supplied by Eco fabrics shall constitute acceptance of the terms and conditions contained herein.

2.2          Where more than one client has entered into this  agreement , the Purchaser shall be jointly and severally liable for all payments of the price.

2.3          Upon acceptance of these terms and conditions by the Purchaser the terms and conditions are irrevocable and can only be amended with the written consent of Eco fabrics.

2.4          The Purchaser undertakes to give Eco fabrics at least 14 days notice of any change in the Purchasers name, address and/or any other change in the Purchasers details.

 

3. Price and payment

3.1          The price of Goods will be indicated on invoices

3.2          Payment will be made by cash, or by  direct bank deposit, or by PayPal, or by cheque,  or by bank cheque or by any other method as agreed to between the client and Eco fabrics. There will be a 3.4%  surcharge on payments made via paypal. 

3.3          GST and other taxes and duties  that may be applicable shall  be added to the price except when they are expressly included in the price.

3.4          Payments must to be paid within 48 hours of making the purchase, if payment is not made in this time orders will be returned to stock.

 

4. Delivery of goods

4.1          The Goods shall be delivered at the Purchasers cost to the nominated address.

4.2          The failure of Eco fabrics to deliver shall not entitle either party to treat this contract as repudiated.

4.3          Eco fabrics shall not be liable for any loss or damage during the delivery of goods. Registered post  is an option that can be purchased at an extra cost to the Purchaser at the checkout stage in the  Eco fabrics store.

4.4          Goods will be posted once payments for goods have been paid in full.

4.5          International airmail will be quoted upon request. International purchasers  are responsible for any customs charges and brokerage fees. Any additional charges  that may occur due to importation or any restrictions are the purchasers responsibility. It is the buyers responsibility to check the laws which apply to the country they are going to import into.

5. Title

5.1          It is the intention of Eco fabrics and agreed by the purchaser that ownership of the Goods shall not pass until the purchaser has paid all amounts owing for the particular Goods.

5.2          Receipt by Eco fabrics of any payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Eco fabrics ownership or rights in respect to the Goods shall continue.

 

6. Client’s Disclaimer

6.1          The client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Purchaser by Eco fabrics and the Purchaser acknowledges that the goods are bought relying solely upon the purchasers skill and judgement.

 

7. Returns

7.1          The Purchaser  shall inspect the Goods on delivery and shall within seven (7)  days notify Eco fabrics of any alleged fault, shortage in quantity, damage or failure to comply with the description on invoice. The Purchaser shall afford Eco fabrics an opportunity to inspect the Goods within a reasonable time following delivery if the Purchaser believes the goods are defective in any way. If the Purchaser shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Eco fabrics has agreed in writing that the purchaser is entitled to reject, Eco fabrics liability is limited to either ( at Eco fabrics discretion) replacing the Goods or repairing the goods.

 

7.2          Eco fabrics shall only exchange  Clothing.  Eco fabrics  shall not return any cut fabrics, patterns, books, accessories, homewares, under wear, socks, sale Goods and any other Goods sold by Eco fabrics. The purchaser will need to pay for the return postage and the Goods will need to be returned in their original condition. All Goods must not be used or laundered. Registered post is recommended when posting  Goods back to Eco fabrics to ensure that they arrive safely. Eco fabrics shall not take  responsibility for items which are lost in the post.

7.3          The purchaser must return Goods to be exchanged  to Eco fabrics within 14  days of Purchase with the purchasers receipt. The purchaser shall contact Eco fabrics as soon as possible to notify Eco fabrics of their change of mind. Credit notes shall not be issued.

8. Intellectual property

8.1          Where Eco fabrics or their agent has designed patterns, drawn or written Goods for the purchaser or  Manufacturer , then the copyright in those designs and drawings shall remain vested in Eco fabrics, and shall only be used by the purchaser and manufacturer at Eco fabrics discretion.

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8.3          Eco fabrics reserves the right to exhibit, enter competition or showcase in any manner the work produced for the Purchaser without any royalties payable for the client.

 

9. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts

9.1          Nothing in this agreement is intended to have effect of contracting out of any applicable provisions of the commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the states and Territories of Australia, except to the extent permitted by those Acts where applicable.

 

 

13. Cancellation

13.1        Eco fabrics may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice Eco fabrics shall repay to the Purchaser any sums paid in respect to the Price. Eco fabrics shall not be liable for any loss or damage what so ever arising from such cancellation.

 

14. General

14.1        If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

14.2        These terms and conditions and any contract to which they apply shall be governed by New South Wales and are subject to the jurisdiction of the courts of New  South Wales.

 

14.3        Eco fabrics shall be under no liability whatever to the Purchaser for any indirect loss and/or expense (including loss of profit) suffered by the Purchaser arising out of a breach by Eco fabrics of these terms and conditions.

 

14.4        In the event of any breach of this contract by Eco fabrics the remedies of the Purchaser shall be limited to damages. Under no circumstances shall the liability of Eco fabrics exceed 5%  of  the Price of the goods.

 

14.5         Eco fabrics reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Eco fabrics notifies the Purchaser of such change.

 

14.6        Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

 

14.7        Eco fabrics will not be held responsible for the end use product manufactured from our fabrics, this is the Purchasers responsibility. Eco fabrics sells a variety of fabrics, but we do not state that they are intended for any particular use. If the Purchasers intention is to manufacture Goods for on selling we suggest the purchaser test the fabrics thoroughly for their intended use prior to manufacturing. 

 

14.8       Due to screen settings the colours of goods displayed may vary on different computer monitors. The purchaser needs to be aware of this prior to purchasing.

    

14.9        All goods purchased  are subject to availability, in the event that goods are unavailable Eco fabrics will refund any money paid back to the Purchaser.  Eco fabrics reserves the right to refuse a purchase for any reason. Once an order is placed we cannot alter the order, please choose carefully.