TERMS AND CONDITIONS

 

WEBSITE TERMS & CONDITIONS

 

ACCEPTANCE OF TERMS

The Supplier permits the use of this Website subject to these terms and conditions ("the Terms and Conditions"). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. Your use of any accommodation offered by us will also be subject to applicable provisions of the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, including in one of our Suppliers, the Terms and Conditions as contained herein will prevail.

 

Fabric Bank reserves the right to add, delete and/or modify any of the terms and conditions contained in these Terms and Conditions, at any time and in its sole discretion, by posting a change notice or Terms and Conditions on the Website. In the event of substantive changes to these Terms and Conditions may be notified by email. If any modification is unacceptable to You, your only recourse is to not use the Website. Your continued use of the Website following the posting of a change notice or new Terms and Conditions on the Website will constitute binding acceptance of the changes.

 

USE OF WEBSITE

The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trademark law, and are owned by or licensed to The Supplier. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.

By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized Supplier representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, unlawful or contains hate speech.

DISCLAIMER

While The Supplier takes reasonable measures to ensure that the contents of this Website are accurate and complete, The Supplier makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. The Supplier reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.

The Supplier will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Supplier also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. The Supplier does not accept any responsibility for any errors or omissions on this Website.

THIRD PARTY WEBSITES

This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and The Supplier is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because The Supplier has no control over such external sites and resources, you acknowledge and agree that The Supplier is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.

 

PERMISSION FOR HYPERLINKS, DEEP LINKING, CRAWLERS AND META TAGS

Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of The Supplier, which may be withheld or granted subject to such conditions The Supplier may specify from time to time. Furthermore, this Website or any part hereof may not be "framed" or "deep linked" in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at The Supplier. At times those comments may contain references to matters not related to The Supplier. Those references do not necessarily represent the views of The Supplier.

 

LIMITATION OF LIABILITY

THE SUPPLIER SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF THE SUPPLIER.

YOU HEREBY INDEMNIFY THE SUPPLIER AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM THE SUPPLIER OR ONE THAT PURPORTS TO EMANATE FROM THE SUPPLIER, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF THE SUPPLIER.

INDEMNITY

You agree to defend, indemnify and hold harmless Fabric Bank, and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Fabric Bank, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

  1. Your use of and access to the Website and Fabric Bank Service; 

  2. Your violation of any term of these Terms of Use; 

  3. Your violation of any third party rights, including without limitation any copyright, property, or privacy right; or

  4. any alleged claim, claim, or cause of action that one (or more) of Your User Content or submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website and Fabric Bank Service.

 

GOVERNING LAW

The Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.

 

ACCEPTANCE

Please note that by accepting a Fabric Bank quote or invoice, you have agreed to the following Terms and Conditions, unless otherwise stipulated in writing. We require a deposit of 70% to confirm orders. Please note that our products are custom made and therefore specialised goods which we cannot resell. No refunds on deposits.

 

 

PAYMENTS, SHIPPING AND ESTIMATES

Projects will only commence on proof of receipt of a 70% payment and the monies cleared in our bank account. International projects will only commence upon receipt of proof of 100% payment and all monies cleared. This may take several days depending on payment method. Projects will only be printed once a final client approval and confirmation has been sent via email. Fabric Bank carries no responsibility for project delays due to late payments, late sign offs, technical difficulties beyond our control.

Fabric Bank reserves the right to increase prices if a deposit has not been paid within 14 days of receipt of an estimate, this is due to the current volatility of the Rand and the Pound exchange rate as many of our materials are imported. Please ensure that you pay your deposit as soon as possible in order to secure your order.

Prices are based on the cost of materials and production costs at the time an estimate is created. Our estimates are only valid for 30 days from the date it is sent. Retainers and deposits are non-refundable.

Product and service price increases will be reviewed on an annual basis.

CORRECT INFORMATION 

It is the responsibility of the client to check information against the Layout. The following needs to be confirmed:

  • General layout

  • Image/artwork choice and artwork scale

  • Sizes

  • Substrate/fabric/wallpaper choice

These all need to be confirmed via email correspondence with your ‘project manager’. We cannot confirm sizes over telephonic or instant message conversations – all sizes need to be provided as a record in writing to ensure that we print exactly what is requested.

Fabric Bank will not be responsible for any errors in manufacturing the information/artwork as indicated and signed off on the layout/printed sample.

USES

Kindly state the use of the fabric/wallpaper in order to choose the correct material for use.

 

CHANGES

Fabric Bank assumes that the client has verified all the detailed information after the artwork approval and that Fabric Bank will not be held responsible for any changes made after work has been approved. A maximum of 2 changes (within means) per artwork will be allowed, thereafter, an hourly design fee will be levied, to be quoted and accepted by the client before changes are made.

  • Please ensure that you physically sign a print proof and provide Fabric Bank with that signed proof, should specific colours, scale or design be requested. Printing will be delayed until we receive a signed print proof, and Fabric Bank will not be held liable for any delays/damages in this regard. Fabric Bank in turn may request a physical signature from the client for the same reason.

In the event that a client has a signed proof they can either scan the signature in or take a photo with a smartphone or simply send us written confirmation that they are happy and we may proceed.

ARTWORK

All artwork provided by Fabric Bank may only be used by clients with the consent of Fabric Bank. All artwork purchased/created by Fabric Bank for the client remains the property of Fabric Bank and can be reissued for other customers unless otherwise stipulated in writing in the contract or if you have purchased the sole rights to this artwork.

Fabric Bank will not be held responsible for copyright infringement as a result of client negligence and/or ignorance. This refers to clients providing Fabric Bank with artwork that they have sourced by their own means – under such circumstances, it is the responsibility of the client to ensure that the artwork has been acquired legally and that they have the rights to use it as they wish.

A quote will be issued before any additional work by Fabric Bank is incurred in any way as a result of copy or brief as supplied by a client not being clear and/or legible and is approved by the client.

Proofs of all work will be submitted for customer’s approval. After approval, Fabric Bank shall not be liable for any errors that were not corrected by the client in the print proofs. Additional charges may be made for any extra proofs that are required as a result of alterations requested by the customer after approval.

When style, type or layout is left to Fabric Bank’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.

A quotation for all work will be issued and work will not commence unless the quotation is approved by the client. Fabric Bank has the right to charge the client for any approved design time, regardless of whether or not the client proceeds with printing the final product or not.

Fabric Bank reserves the right to use the clients’ artwork and photographs of printed media, for advertising, marketing and portfolio uses.

Fabric Bank will not be held responsible for images purchased and edited by the clients’ own designers.

Images supplied by Fabric Bank have certain scale limitations and its inherent quality may not be suitable to fit certain  specifications. Fabric Bank will inform the client of this.

PHOTOGRAPHIC ARTWORK (AND OTHER ARTWORK PROVIDED BY THE CLIENT)

Photographic artwork does not require all areas to be in focus. It is up to the client to check that your choice of artwork is up to his/her expectations. Any photographic blurred parts generally have nothing to do with the print quality and are mostly the artwork. The photographers that we represent are professional photographers and they each have a particular signature style, like any other artist.

Fabric Bank is merely the facilitator in printing the final image choice of the client and the choices made available, must be to Fabric Bank’s considered standard of merit. In the event of photographic artwork selected from images represented by Fabric Bank, the choice made by the client is subjective. Should the client later decide that the artwork is no longer suitable, the artwork can be reprinted, but for the client’s own account.

In the event of artwork supplied by the client or purchased online, Fabric Bank can make suggestions if they feel the image quality would not match an acceptable standard; Fabric Bank cannot be held responsible for the overall quality of artwork provided by the client or purchased online.

In the event of an online purchased image, or images supplied by the client, Fabric Bank does not necessarily know the artwork or if there are artwork flaws in the artwork, and this would solely be for the risk of the client. Should the client not be willing to take this risk, they can then employ Fabric Bank to check the artwork at an additional fee.

All artwork is merely a subjective argument and Fabric Bank will not be held responsible for the final choice made by the client. Fabric Bank is merely the facilitator, printer and installer(wallpaper). When the quality of the image is in question, Fabric Bank may send scaled previews (enlarged or reduced in size) for approval.

MEASUREMENTS

For wallpaper applications only. 

Generally all walls are skew and therefore Fabric Bank will add 50mm bleed all around to ensure the entire wall is covered. Should the client take their own measurements, care should be taken to measure the wall in at least 3 places for the overall height as well as the width:

  • To measure height: left, center & right side.

  • To measure width: bottom, middle & top.

  • Please note any positions of plug points, windows, etc. (with relevant sizes); this may affect a mural image.

  • Please also note any reveals that will need wallpapering, as this is often a crucial detail that needs to be considered.

  • All walls are quoted on final wall sizes. We will ignore any window or door openings as we print for the entire wall.

  • All measurements to be given in mm or feet/inches.

Width x Height – in that order (e.g.: 3000mm W x 2600mm H). Sizes are rounded up to cater for bleed and overlap.

Measurements given to Fabric Bank by the client is solely the responsibility of the client and should be checked again against the quote/invoice/PO and signed off Layout. Fabric Bank will not be held responsible for incorrect sizes and measurements given.

TURN AROUND TIME

The turnaround time is measured in working days and begins as follows:

  1. Deposit is paid(70%).

  2. Sign off and ‘go ahead’ via email verifying/confirming all information. Please allow
    10 to 14 working days unless differently stated and agreed upon.

Whilst delivery times are given in good faith and we use every endeavour to comply herewith, no responsibility can be accepted for any loss or damage incurred by the Customer on account of any delay in delivery arising out of any circumstances beyond our reasonable control, which circumstances will include, but in no way be limited to:

Any delays in the supply of goods by our Suppliers which cannot be directly or indirectly attributed to them.

If the balance of the purchase price payable on delivery is not payable on date of anticipated delivery.

Late sign offs.

Ill prepared wall surfaces(wallpaper).

Any delays in delivery will be communicated immediately.

Production process usually takes 10 – 14 working days once we receive proof of payment as well as your approval of artwork.

SAMPLING AND SUBSTRATE PROPERTIES

A digital preview is never realistic enough for a preview in terms of colour and contrast. Whatever is printed out can never be expected to be exactly the same as that seen on a computer monitor. Even an enlarged version of the same image will also differ from the digital preview.

In some instances, if the variant of the actual print is out by more than 50%, a claim may be justified. It is recommended to do a test print first, and responsibility for this falls on the client who must request a test print. If the client does not request a test print, no claims can be made. Samples will be provided on request and may be billed for before proceeding to print, unless otherwise stipulated.

Due to the use of digital substrates, Fabric Bank can only suggest a scale and colour for a chosen design/pattern, even if samples may have been sent on a previous occasion, this cannot be treated as conclusive and is still subjective. Furthermore various substrates have different print qualities and colour will vary from substrate to substrate. Sometimes, actual printed fabric/wallpaper may not match the given sample. A specific scale and colour tone should be agreed upon before a job is printed on request of the client. If this has not been specified, Fabric Bank will reserve the right to print the tonal values and scale based on the artwork.

It must also be noted that Fabric Bank produces bespoke, custom made artworks. This means that slight discolorations between batches may occur. These are not to be viewed as defects but as a result of the processes necessary to create the product we create.

PACKAGING AND DELIVERY OF FABRIC AND WALLPAPER

Fabric Bank takes utmost care to package goods securely and if the client arranges their own courier company and chooses not to use ours the responsibility rests on the client to ensure goods are delivered and received in good order. Fabric Bank will not take responsibility for goods damaged in transit if own courier company is used.

Fabric Bank calculates courier cut off dates for deadlines set by the client. In the event that a delay should result due to poor management on behalf of the courier company, Fabric Bank denies all claims or penalties for late delivery.

PREPARATION OF WALLS

Applicable for wallpaper application only.

In the event that walls are not prepared or ready in time for the agreed date of installation, no installation will be done and a quotation for penalty fees will be quoted – only upon approval of and payment of quote will a new installation date be arranged. Walls must be clean, smooth and dry. The room must be dust free and cleared of obstacles that can obstruct the delivery of a professional installation.

Fabric Bank is required to comply with South African Health and Safety regulations. In the events that Fabric Bank manages the on-site installations, adequate access and facilities must be provided for by the client. For Health and Safety purposes, no installation may take place unless a safe and unencumbered space is provided for the team to work in.

On installation, Fabric Bank will not remove any electrical, security devices or wall fixtures and will cut around these items. Our installers are not qualified electricians or security experts and we will not interfere with such devices. Should the client prefer that wallpaper not be cut away, then this would be for the clients’ own arrangement for removal of fixtures.

As a rule, the walls should not be painted with gloss enamels and oil based paint as this can interfere with the glue. Walls should be sanded down and dust free if the wall is painted with Enamel paint and repainted with a PVA or water based paint. In theory, if any product rejects PVA, it will give an indication of how the glues will react. In some instances, only a light sanding of enamel paint may suffice. It is advisable to perform a test patch and will be for the risk of the client.

Freshly painted walls should air dry for at least 6 – 7 days if possible. In some instances, existing wall finishes may reject vinyl in which case Fabric Bank will not be held liable. Fabric Bank will not be held liable for any damp walls that may reject the wallpaper.

PRE-INSTALLATION

Applicable for wallpaper application only.

It is the client’s responsibility to check all printed items before commencing cutting and installation. All items should be checked in advance for faults such as or colour variances contradictory to brief. Should installation take place and then afterwards client decides that the image no longer falls in their taste, no claims whatsoever can be made to Fabric Bank.

 

POST INSTALLATION

Applicable for wallpaper application only.

Should the client feel that there is an issue with their wallpaper installation (misalignment, etc.), Fabric Bank must be notified within 6 months post installation/delivery/collection. Fabric Bank will not be held liable for any installation defects/snags after the 6 month period.

Joins between panels are often unavoidable due to the installation processes required for wallpaper. We will gladly come and inspect the joins if the client believes that they are severe. It is up to our discretion to decide whether or not the joins are reasonably visible or not. Furthermore, we can then move towards using a process called “chalking” to amend the joins, but we do not recommend it, as the chalking colours don’t necessarily always match the inks printed.

CLIENT INSTALLATIONS

Applicable for wallpaper applications only.

In the instance of the client arranging their own installation, the responsibility for the end result no longer rests on Fabric Bank and our role has now effectively changed to that of the print suppliers. Please do your research properly before attempting to install wallpapers yourself, there is a lot of information available on the internet as well as videos on Youtube.com.

 

WARRANTY 

Fabric Bank shall within six months after delivery of goods repair (if possible), replace failed, unsafe or defective goods or refund the client the price paid at the election of the client.

The aforesaid warranty is subject to:

Fair wear and tear

That the goods have not been altered subject to any instruction of Fabric Bank

That the goods have not been exposed to misuse or abuse or exposed to use other than what the product was manufactured for

Any claim for defective goods must be submitted to Fabric Bank in writing. Goods may not be sent back without authorisation.

* Terms and Conditions may be amended from time to time without prior notice

2019 Pattern Lab (Pty) Ltd t/a Fabric Bank

©2018 by Fabric Bank

Address : We Work, The Link Building , 173 Oxford Rd, Rosebank, Johannesburg, 2196

Tel: +27 81 720 8348