Terms and Conditions
We abide by the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations.
Cut length fabric is a custom item please ask for a sample if you are unsure as once the fabric has been ordered and cut it cannot be returned.(see below for more information)***
Exemptions There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel.
These include, CDs, DVDs or software if you've broken the seal on the wrapping, perishable items, tailor-made or personalised items.
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Spruce London, The Studio, No 2 Finians Field, Barns Green, Horsham, West Sussex RH13 0PW
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Goods that have been ordered but have gone out of stock Buyer shall be informed immediately and refunded if the delay is not acceptable to the customer.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller’s Web site.
4.2 The total purchase price, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the Price plus delivery charges must be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Web Site at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Web Site at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Web Site or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
7.2 The Seller shall use reasonable endeavours to ensure that Goods are of satisfactory quality, comply with the descriptions given and are fit for the purpose for which the Goods are reasonably intended.
7.3 The Seller will not be liable to the Customer for any loss of profit, indirect or consequential loss or injury due to defects in the Goods and their maximum liability shall not exceed the price paid for the Goods by the Buyer, except in the case of death or personal injury caused by the Seller's negligence.
7.4 The Seller shall not be liable for any change in appearance, defect or damage caused to the Goods by any treatment applied after delivery.
7.5 It is the Buyer's sole responsibility to ensure that Goods ordered are suitable for the purpose intended. While the Seller takes all reasonable care when making recommendations on usage for the products on sale, it provides no warranties or assurances in relation thereto and all conditions and warranties, whether expressed or implied, statutory or otherwise, and whether as to quantity, condition, performance, merchantability or fitness of purpose are expressly excluded.
8.1 Where a specific delivery date has been agreed, and where this delivery date cannot be met (allowing Seller to fulfill the order within a reasonable length of time beyond the agreed date), the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund. The exception to this is made to measure products (including cut fabric orders), where we will notify the Buyer of the new delivery date.
8.2 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.3 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. UPS DPD TNT Please ensure you are available to take delivery of your package as after the couriers set number of attempts the fabric will be returned to sender and you will be liable for all costs.
8.4 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 CANCELLATION AND RETURNS excluding CUT FABRIC * fabric specific terms
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller email firstname.lastname@example.org immediately if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund.
9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller email@example.com within 7 working days of receipt of the Goods.
9.4 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges, if any). We will refund on unwanted goods up to 28 days from delivery and exchange up to 30 days.
9.5 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.6 Goods must be returned for refund or exchange intact and in re saleable condition including packaging Goods damaged by buyer will not be refunded. CONTD BELOW
9.7 Cashmere goods. Once a cashmere product has been opened it cannot be resold as new, therefore a 30% restocking fee will be applied if a product is returned as unwanted.
FABRIC SPECIFIC TERMS AND CONDITIONS***
Fabrics should be carefully inspected prior to cutting. Therefore, it is essential that no length be cut until you are satisfied with the fabric in all respects. Any claim must be put in writing within 7 days of receipt of the fabric/trimming.
FABRIC AFTER TREATMENTS
Fabric is treated at the Buyer's own risk. The Seller accepts no liability for changes in appearance, performance, damage or defect caused to any fabrics as a result of treatment.
Cleaning Instructions: Please seek advice from the after treatment company.
After Treatments Warning:
The Customer is warned that after treatments may alter fabrics in respect of resistance to abrasion; tear strength; breaking strength; seam slippage; colour; light fastness and resistance to change in colour by rubbing, and cleaning method.
The Seller cannot accept responsibility or liability for the performance, durability or finish of fabrics which are given any sort of treatment subsequent to purchase from the Seller.
The entire responsibility is that of the Buyer for ensuring that after such processing the fabric remains a satisfactory quality for its intended purpose.
DELIVERIES TO THIRD PARTIES
Where deliveries are made to third parties (curtain makers, upholsterers etc) on the instructions of the Customer, it is the responsibility of the Customer to ensure that the correct material is received. The Seller cannot accept claims after the fabric has been cut. Also, no claims will be accepted in respect of any costs of making-up.
CUSTOM ORDERS INCLUDING FABRIC
Due to the nature of our business, each cut length of fabric is a custom-produced item. For this reason we cannot accept returns on the basis that you either do not like the product or you deem it unsuitable for your use. Please note that agreeing to these Terms and Conditions you are agreeing that the fabric that you are ordering constitutes "personalised goods" and, as such, is excluded from the 7 day return guarantee of the Distance Selling Regulations. We therefore strongly urge you to request a sample before placing you fabric order.
All requests for returns for damaged faulty or incorrect fabric must be made within 7 days of receipt.
Any fabric which is returned to us for a refund must be sent back in the same condition as received by you.
All returns must be approved by us in writing or by email before the fabric is sent back. No claims whatsoever can be entertained or returns or exchanges made once the material has been cut, creased, marked or treated in any way. Please, therefore, always fully inspect fabric on its arrival and also prior to using it.
Please note that once ordered, fabric cannot be exchanged or refunded, fabric samples are available on request. Your statutory rights to refund or exchange of course still apply if goods are faulty, or not as described.
We have tried hard to represent our fabrics as accurately as possible on the website, however, colours will vary between computer screens. We strongly recommend, therefore, that you request a sample(s) prior to ordering unless slight differences in appearance are not critical to your order.
Samples are a close representation of the fabric you choose but may not be an exact match as there are often slight variations in colour between manufacturing batches*, and greater batch variation tolerance must be allowed for natural fibre products than for synthetic fibres. In cases where this is critical, we can arrange for a sample of the current manufacturing batch to be sent to you for your inspection and reserved for you should you wish to proceed with your order for that particular fabric.
*Dye Lot Variations: Due to dye lot variations, we cannot guarantee that the fabric will match exactly the sample from which it is ordered. If an exact match is required, please request a stock cutting for comparison to your sample.
Please check that the correct fabric, design, colour and meterage has been supplied.
Please check the fabric is free of flaws. Failure to notify Spruce London of any defect before cutting will not entitle the buyer to reject the goods once cut.
Fabric goes through a number of processes before it is put on a roll. Widths are approximate. If width is crucial, Pplease ask for details before ordering.
FIRE RATED FABRICS
We do not advise on suitability it is the end user's obligation to ensure correct use of the fabric. There is general information and links to advice and leglislation in help.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.