Terms and Conditions

These terms and conditions form the basis on which you can visit us and our website.  Please read them carefully as they contain important information.

 

General terms and conditions

 

This site is owned and operated by Showtime Fabrics of Yorkshire House, Low Moor Lane, Knaresborough HG5 9JB.  If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at sales@showtimefabrics.co.uk or 01423 863834. We sell to mainland GB customers only.

 

1.         The contract between us

 

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

 

2.         Acknowledgement of your order

 

To enable us to process your order, you will need to provide us with your e-mail address and telephone number. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

 

3.         Ownership of rights

 

All rights, including copyright, in this website are owned by or licensed to Showtime Fabrics. Any use  of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

 

4.         Accuracy of content

 

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. Fabric can look very different on screen, so we always recommend purchasing a sample for you to check the fabric is a suitable quality and Shade for your particular project.

 

5.         Damage to your computer

 

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

6.         Availability

 

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order. Fabric may not be in one continuous piece. For example,10m may be dispatched as 6m + 4m.

 

7.         Ordering errors

 

You are able to correct errors on your order up to the point on which you click on “Buy now” during the ordering process. Amendments cannot be made after

30 minutes of us confirming your order. Should you wish to amend your order, please call Customer Help Team 01423 863834 and we will try our best to assist you.

 

8.         Price

 

The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

 

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

 

9.         Payment terms

 

We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

 

10.        Delivery charges

Delivery charges vary according to the number of meters ordered. We reserve the right to send goods by Royal Mail or Courier. 

 

11.        Delivery

11.1      Our delivery options and charges are set out in the Basket in our website.

11.2      Please note that we are only able to deliver to addresses within the United Kingdom. We cannot be held responsible for delays once goods have left our warehouse. Dispatch is usually with 2 working days, however we strive to dispatch goods within once working day.

 

11.3      We will deliver the goods to the mainland GB address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date. If you do not collect goods from Local Depot after being advised, and the goods are retuned to us, we will not issue a refund.

 

11.4      You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

12.        Risk and ownership

 

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.

13.        Cancellation rights

 

13.1      Under The Consumer Contracts Regulations you do not have a right to cancel, once we have cut and processed the fabric, as we consider cut lengths of fabric from a roll to be bespoke and Made to Order. We will not accept returns of any fabric that has been cut, laundered or used in any way by the consumer.

 

13.2      We may accept returns in exceptional circumstances, at the discretion of the Company. This must be notified to us in writing within 14 days of you receiving the goods. The returned goods must be fit for re-sale and in original packaging.

 

 

13.3      If we accept a return you must pay for the return Delivery cost and provide evidence that you have sent the goods back. We will refund any sum debited by us from your credit or debit card within 14 calendar days. If                 you received Free Delivery, we will deduct £6.95 from the refund amount.

 

13.4      We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you rendering the item not fit for re-sale

 

14.        Cancellation by us

 

14.1      We reserve the right not to process your order if:

 

14.1.1   We have insufficient stock to deliver the goods you have ordered;

14.1.2   We do not deliver to your area ie. Mainland GB.

14.1.3   One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

 

14.2      If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

 

15.        If there is a problem with the goods

 

15.1      If you have any questions or complaints about the goods please contact us.  You can do so at 01423 863834, sales@showtimefabrics.co.uk.

 

15.2      We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

 

15.3      If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or allow us to collect them from you. 

 

16.        Liability

 

16.1      Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.

 

16.2      We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions.  We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

 

16.3      Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

 

16.4      You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site.  The importation or exportation of certain of our goods to you may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the goods you purchase.

 

16.5      Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.   You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

 

17.        Notices

 

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from time to time.

 

18.        Changes to legal notices

 

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

 

19.        Law, jurisdiction and language

 

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

 

20.        Invalidity

 

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

21.        Privacy

 

You acknowledge and agree to be bound by the terms of our privacy policy.

22.        Third party rights

 

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

 

23.        Other important terms

 

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.