Terms of Use
Premier Fabrics Terms of Use
These Premier Fabrics Terms of Use (the “Terms of Use”) govern your access to, and use of, the website www.premierfabrics.com (the “Website”). Please read these Terms of Use carefully before using the Website. By using the Website, you are accepting and agreeing to be bound by and subject to the Terms of Use. If you do not agree with the Terms of Use, please do not use the Website.
1. Introduction
Premier Fabrics enables customers (“you”) to order certain products (“Products”) from the brands featured on the Website (“Brands”). Premier Fabrics will collect payment and process your order on behalf of the Brand. Products ordered through the Website will be shipped directly to you by the Brand.
2. Acceptable Use
You are strictly prohibited from using the Website for any unlawful purpose, or for any other purpose that is not expressly allowed by these Terms of Use. You may not interfere or attempt to interfere with the proper operation of the Website, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to the Website through hacking, circumvention, or any other means. We reserve the right, in our sole discretion, to deny you access to the Website, or any portion of the Website, without notice.
3. Third Party Sites
The Website may contain links to third party websites. Any such links are provided for your convenience only. We do not control or endorse or make any representations with respect to any third party website, and we are not responsible for any third party content or business practices, including privacy practices.
4. Placing Orders
4.1 While we endeavour to ensure that products on the Website are available unless otherwise stated, it is always possible that a product is out of stock after you place an order. In these cases, you acknowledge and agree that we may cancel your order and refund you the full amount.
4.2 We may need to collect additional information from you when you order certain products in order to ensure that you receive the appropriate version of the product. We will ask for such information when you place your order.
4.3 For example, when you order drapery, we will ask for the number of rooms and/or windows that the drapery will be covering (the “Drapery Order Information”). If Drapery Order Information is not submitted when the order is submitted, we will hold the order until we can collect this information. If we do not receive Drapery Order Information within 3 business days of the original order placement, we reserve the right to cancel your order. If a product can be used as both drapery and upholstery and no Drapery Order Information is submitted in connection with the order submission, we will process the order for use as upholstery.
5. Product Images
We make all reasonable efforts to display materials and products accurately on our Website. However, we cannot guarantee and cannot accept any liability regarding the accuracy of the colors, textures, dimensions or other features of the products as displayed on your screen. Therefore, you acknowledge and agree that the actual product delivered to you may vary from the images displayed on your computer.
6. Payment
6.1 Product pricing is displayed on the Website and excludes any applicable taxes, shipping and delivery costs. Sales tax will be added during checkout if a sale is being made in a state where Premier Fabrics is registered to collect sales tax at the moment of such sale. In all other states (i.e., if you are not charged sales tax during checkout), you are responsible for paying any applicable sales tax related to such purchase.
6.2 Premier Fabrics reserves the right to change pricing at any time in our sole discretion. By placing an order, you authorize Premier Fabrics and a designated third-party payment processor to collect and charge the stated amounts to the credit card or payment method you select. All fees will be charged in U.S. Dollars.
6.2 Our store is hosted with Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. For more information, please read Shopify’s Terms of Service here and Privacy Statement here.
7. Delivery
7.1 All delivery obligations will be the responsibility of the Brand and all risk in relation to your ordered products will pass to the Brand from the time when we communicate your order to the Brand. The products will be your responsibility and all risk in relation to them will pass to you from the time the products are delivered to you. If your order includes products from different Brands, products will arrive from each Brand separately.
7.2 Some products may not be available in all states. Please see our Website for any delivery restrictions for specific products. You are solely responsible for ensuring the accuracy of your shipping address.
7.3 Premier Fabrics will not provide any refunds for undelivered orders due to an incorrect shipping address provided by you. Please note that we cannot deliver to PO Boxes.
8. Cancellation, Returns, Exchange and Refund Policy
8.1 We cannot accept any returns, refunds or exchanges.
8.2 If Your Product is damaged or faulty, you must contact us within five days of receipt by email to support@premierfabrics.com. We deal with damaged or faulty items on a case-by-case basis and cannot guarantee that we will be able to repair or replace the Products.
9. Limitation of Liability
9.1 Except as expressly provided in these Terms of Use, we disclaim all representations or warranties, express or implied, including, without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or non-infringement. Further, we shall not be liable to you if for any reason all or any part of the Website is unavailable at any time or for any period.
9.2 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses arising under or in connection with these Terms of Use and any order that you place with us.
9.3 Our total liability to you for all other losses or damages arising under or in connection with these Terms of Use and any order that you place with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the charges paid by you to us in the order giving rise to such liability.
10. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under or in connection with these Terms of Use and any order that you place with us that is caused by events outside our reasonable control including acts of God, fire, flood, severe weather, epidemic, strikes, explosions, war (whether declared or not), acts of terrorism or acts of local or central government or of any other competent authorities provided that, in the event of failure to perform, we will refund you all amounts paid under the affected order.
11. Resolving Disputes
If you have a dispute with us relating any order, in the first instance please contact us at support@premierfabrics.com and attempt to resolve the dispute with us informally.
12. Governing Law and Jurisdiction
Any dispute or claim arising out of or in connection with these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. All disputes will be commenced solely in the state or federal courts in New York, New York.
13. Other Important Terms
13.1 We may assign or transfer our agreement with you to someone else. We may assign or transfer our rights and obligations under these Terms of Use to another organization without notice to you. You may only transfer your rights or your obligations under these Terms of Use and any order that you place with us to another person with our prior written consent.
13.2 Nobody else has any rights under these Terms of Use. No other person shall have any rights to enforce any of its provisions. Neither of us will need to get the agreement of any other person to terminate these Terms of Use or make any changes to such Terms of Use.
13.3 If a court finds part of these Terms of Use illegal, the rest will continue in force. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 These Terms of Use constitutes the entire agreement between you and Premier Fabrics and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and Premier Fabrics, whether written or oral, relating to its subject matter. You acknowledge that in entering into these Terms of Use, you do not rely on, and will have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use.
13.5 In these Terms of Use, (i) the singular will include the plural and vice versa; (ii) reference to a statute or statutory provision will be interpreted and construed as reference to such statute or statutory provision as may be amended and/or restated from time to time; (iii) the terms “include”, “including”, “for example” and “such as” or any similar expression will be construed as illustrative only, without limiting the sense or scope of the words preceding them; and (iv) the term “in writing” includes any communication exchanged via email or any other electronic, durable means.
14. Contact Us
You can contact us by email at support@premierfabrics.com with any questions or concerns not covered under these Terms of Use.
15. Updating These Terms
15.1 We may modify or update these Terms of Use from time to time for reasons including changes to reflect how our business operates; or changes in the legal or regulatory requirements that we must comply with.
15.2 Your continued use of the Website after we have posted changes to these Terms of Use means that you agree to be bound by and subject to the changes. If we make a change that would reasonably be expected to have a material adverse impact on you, we will notify you of such changes to the email address we have for you.