Terms & Conditions: 6 - LIMITATION OF LIABILITY

DEFINITIONS AND INTERPRETATIONS

1. This Website (www.desaifabrics.com) (the “Website”) is owned and operated by or on behalf of Desai Fabrics (“we” or “us” or “our”). “User” or “Users” means any third party that accesses the Website and is not either (i) employed by us and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Desai Fabrics and accessing the Website in connection with the provision of such services.

2. “Products” means the fabrics and other items purchased by you from us.

3. “Contract” means the contract between us for the sale and purchase of the Products which incorporates these Terms & Conditions.

4. “Terms” means these Terms & Conditions.

5. If you have any questions regarding the Website or these Terms, or in the unlikely event that you have any complaints about any Products purchased by you via the Website, you can contact us by telephone on 020 8458 5353, or by email at desaifabrics@gmail.com or by post using the address given below.

6. These Terms together with our Privacy Policy and any other policy referred to in these Terms apply to the use of this Website (including any sub-domains, unless expressly excluded by their own Terms) and Desai Fabrics, the owner and operator of this Website.

7. Please read these Terms carefully, as they affect your legal rights. By accessing this Website and/or placing an order you agree to be bound by the Terms, you may not use or access this Website.

8. We reserve the right to amend these Terms from time to time without prior notice to you, and any changes will be effective from the publication of the new Terms on the Website.

9. All Content included on the Website, unless uploaded by Users, is the property of Desai Fabrics, our affiliates or other relevant third parties. In these Terms, “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

10. You may, for your own personal, non-commercial use only, do the following:

    a) Retrieve, display and view the Content on a computer screen or similar device
    
    b) Print one copy of the Content

11. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Desai Fabrics.

12. Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our site, you must comply with these Terms and any applicable law.

13. Any content you upload to our Website will be considered non-confidential and non-proprietary. Desai Fabrics have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy.

14. We may deny you access to the Website at any time in its sole discretion when we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

15. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site and you hereby agree to be responsible to Desai Fabrics for and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Website.

16. You may not use the Website for any of the following purposes:

    a) In any way which causes, or may cause damage to the Website or interferes with any other person’s use or enjoyment of the Website;
    
    b) In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    
    c) Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

17. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Desai Fabrics or that of our affiliates.

18. We assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

19. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

20. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.desaifabrics.com/privacy-policy-and-cookies.

25. Nothing in these Terms will:

    a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;
    b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
    c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

26. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

27. To the maximum extent permitted by law, Desai Fabrics accepts no liability for any of the following:

    a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    b) loss or corruption of any data, database or software;
    c) any special, indirect or consequential loss or damage

28. We reserve the right to:

    a) Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
    b) Change the Terms from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.

36. We currently deliver within the United Kingdom through our online store.

37. We aim to dispatch UK orders within 2-3 business days after confirmation. Once dispatched, standard delivery times apply, typically 5 business days for UK deliveries.

38. Delivery costs will be calculated at checkout. If you require specific delivery arrangements which aren’t available on the website please contact us prior to placing your order to discuss appropriate postage arrangements.

39. A confirmation email with tracking details (as available) will be sent once your order has shipped.

40. We will make every effort to deliver your order within the estimated timeframe. However, we are not liable for delays due to unforeseen circumstances or factors outside our control including, but not limited to, postal strikes. If you believe your order is delayed or lost, please reach out to us at desaifabrics@gmail.com or via Whatsapp so we can assist in tracking or resolving the issue.

41. If an order is returned to us due to an unsuccessful delivery attempt, customers will be responsible for any additional costs incurred for reshipment.

42. Customers may choose the free Click and Collect option, allowing them to pick up orders directly from Desai Fabrics at our London location.

43. Orders must be collected within 7 days from the date of confirmation that the order is ready for collection. Orders not collected within this period may be subject to cancellation or alternative handling at Desai Fabrics' discretion. Please contact us if you need to arrange an extension or discuss alternative collection times.

44. We currently deliver within the United Kingdom through our online store. For worldwide deliveries, customers must contact us directly by telephone or Whatsapp, as delivery fees vary by destination.

45. Delivery quotes are provided upon request, based on the destination and order size. Customers should reach out to us by telephone or Whatsapp to arrange delivery.

46. Delivery times vary depending on the destination, customs processing times, and chosen delivery method. We will provide estimated delivery times when discussing delivery arrangements.

47. Deliveries made to addresses outside the United Kingdom are zero-rated for VAT, meaning international customers will not be charged UK VAT. However, orders shipped outside the UK may be subject to import duties, taxes, and additional fees upon arrival in the destination country. These charges vary by country, are not included in the delivery quote provided by Desai Fabrics, and remain the responsibility of the customer.

48. Tracking will be provided as available, based on the chosen shipping method.

49. We will make every effort to deliver your order within the estimated timeframe. However, we are not liable for delays due to unforeseen circumstances or factors outside our control (e.g., postal strikes, customs delays for international orders). If you believe your order is delayed or lost, please reach out to us at Whatsapp so we can assist in tracking or resolving the issue.

50. If an order is returned to us due to an unsuccessful delivery attempt, customers will be responsible for any additional costs incurred for reshipment.

51. All fabrics, trims, or items cut to size are non-returnable and non-exchangeable. Once a fabric or trim has been cut to fulfill your order, it cannot be cancelled, returned or refunded.

52. Once an order has been fulfilled it cannot be cancelled. Items sold in whole units, such as buttons, motifs, and other accessories, may be returned or exchanged within 14 days of receipt, provided they are unused, in their original packaging, and in the same condition as when purchased. For all returns, the following conditions apply:

    a)  We only accept returns from the original purchaser of the item.
    b)  Items returned damaged, without original packaging, or in unsalable condition will not be eligible for a refund.
    c)  Customers are responsible for the return shipping costs. We recommend using a tracked service to ensure safe delivery back to our store.
    d)  Refunds will exclude original shipping costs.

53. Items in our Outlet Collection are end-of-roll fabrics and are sold as whole pieces only, not cut to size. While these items are offered at a discount and are typically non-returnable, we understand that exceptions may arise. If a return is needed, the following conditions apply:

    a)  Once the order has been fulfilled, it cannot be cancelled.
    b)  Customers are responsible for the return shipping costs. We recommend using a tracked service to ensure safe delivery back to our store.
    c)  A £3.75 refund processing fee will be deducted from your refund to cover additional handling costs.
    d)  Refunds will exclude original shipping costs.

54. Items in the Clearance Section have minor imperfections, such as misprints, weave errors, or other slight physical faults, and are marked as such. These items are final sale and cannot be returned or refunded unless there is a fault not identified before sale. If you believe an overlooked fault has affected your purchase, please contact us to review the issue.

55. Customers may choose the free Click and Collect option, allowing them to pick up orders directly from Desai Fabrics at our London location. Orders must be collected within 7 days from the date of confirmation that the order is ready for collection. If an order remains uncollected for 7 days:

    a)  refunds and exchanges for custom-cut fabrics and trims are not eligible under our non-returnable items policy, and Desai Fabrics reserves the right to reallocate or dispose of the uncollected order.
    b)  If an order does qualify for a return or exchange, a restocking fee and administrative charge of £3.75 may be applied. Desai Fabrics will attempt to contact you with options before taking any action.

56. To ensure a smooth shopping experience, please review the following details on product accuracy, return responsibilities, and refund processing. These policies help clarify important aspects of our service and answer some common questions about purchasing with us.

    a)  Colour Accuracy: We make every effort to colour-correct images so they reflect the true colour and quality of our fabrics. However, due to variations in shades and screen settings, we cannot guarantee exact colour matching. To ensure satisfaction with colour, texture, and weight, we strongly encourage you to order a sample before placing a full order.
    b)  Original Purchaser Requirement: Only the original purchaser may initiate a return or refund request.
    c)  Return Shipping Costs: In all cases, customers are responsible for the costs of return shipping. We recommend using a tracked service to ensure safe delivery back to our store. For exchanges, new shipping costs will apply.
    d)  Refund and Exchange Processing:
    
    1. In all cases, refunds and exchanges will exclude original shipping costs.
    2. Refunds for online orders will be processed exclusively through our online system in accordance with our Terms and Conditions. No payments for refunds or exchanges will be processed in-store. Customers are welcome to bring returns or pick up exchanges in-store, but all payments will be processed based on the original payment method.
    e)  Refund Timeframe: Please allow up to 14 days from the date of return confirmation for your refund to be processed.