Terms and Conditions/EULA
1. PURCHASE AGREEMENT
This Agreement contains the complete terms and conditions that apply to the purchase of the products described on this site, sold by Fabric Confetti LLC (“FCL”) and the person (“You” or “BUYER”) ordering FCL PRODUCTS as defined herein.
These terms and conditions are applicable to all product, patterns and designs listed for sale or sold by FCL (each a “FCL PRODUCT” and collectively, “FCL PRODUCTS”) You purchase today through this site (the “FCL Online Store”) only, and may be different from the terms and conditions of purchase for other FCL PRODUCTS you purchase through other websites or resale locations.
2. SUPERSEDING EFFECT
These terms and conditions apply to all FCL business transactions conducted via the FCL Online Store. To the extent these terms and conditions of sale differ from those outlined in other agreements, including distributor agreements, these terms and conditions shall govern.
3. PURCHASES ON THE FCL ONLINE STORE
Purchases on the FCL Online Store may be made by credit card, and only via online entry. Terms of credit card payment are governed by Your agreement with the applicable credit card issuer.
4. PRODUCTS AVAILABLE
FCL PRODUCTS, and products from other sources may be added or removed from the FCL Online Store at any time without advance notice. Please note that the offer of FCL PRODUCTS and non-FCL PRODUCTS for sale in the FCL Online Store does not guarantee that FCL may continue to offer the same items or format for sale in the future.
5. FCL RIGHT TO LIMIT QUANTITIES OR DECLINE SALE
FCL reserves the right to limit sale or quantities of FCL PRODUCTS available through the FCL Online Store. FCL reserves the right to decline the sale of any FCL PRODUCT to a prospective purchaser for any reason whatsoever. If FCL rejects the order, then FCL will notify the BUYER the order has been rejected.
6. SALES TAX POLICY
Because FCL is based in the state of Arizona in the United States, we are required to collect sales tax on all orders billed from addresses in Arizona. Also, all orders paid by physical check must be taxed for Arizona state sales tax. Information about our tax-free sales offerings to qualified parties can be found below in Section 9, entitled WHOLESALE SALES.
7. SHIPPING AREAS AND HANDLING CHARGES
FCL PRODUCTS may be ordered from and be used in any country, subject to restrictions imposed, if any, under United States law. FCL PRODUCTS purchased from the FCL Online Store will be delivered via United States Postal Service (USPS).
8. DELIVERY OF ORDERED PRODUCTS
Paid orders of FCL PRODUCTS from the FCL Online Store will be shipped within 24 to 48 hours of a BUYER'S order submission. BUYER should add this handling time to any delivery estimates listed by various available shipping methods. For example, US Domestic Priority Mail is typically delivered within 2-3 business days; an order placed with the First Class shipping option can be expected to arrive at the delivery address within 4-6 business days.
9. WHOLESALE SALES
FCL makes tax-free sales offerings available to qualified parties, such as wholesale reseller (a “Wholesale Reseller”) who, in order to qualify, must operate a licensed business and hold a valid a US Federal Tax ID, and a state and local tax license or permit, and, where applicable. Each Wholesale Reseller hereby acknowledges and agrees that if it uses any property purchased tax exempt in any manner which would not exempt the sale from sales tax, the Wholesale Reseller will be considered as the end user or consumer of such property, and as such assumes liability for the sales tax and interest and penalty therein, if any.
Applications may be submitted for a FCL Wholesale Reseller account by way of the following two-step process:
A. A letter requesting a Wholesale Reseller Account on your company’s letterhead
B. Submission of a photocopy of Your vendor's license to FCL (i) via Fax to: +1(480)-718-8386 or (ii) mailing of a legible copy via USPS mail to Vanessa Fromm, 11614 E. Terra Drive, Scottsdale, Arizona 85259, USA. Upon approval, the applicant will receive email notification of acceptance.
Please note that any individual wholesale order must include a minimum order of $75.00. All sales are final with no returns accepted for unsold product. We will replace defective merchandise at no cost.
10. RETURNS
All sales are final. These orders are non-returnable, except in the case of shipping error by FCL or demonstrated and verifiable product defect. In such event the FCL PRODUCT must be returned by BUYER within 60 days of the shipment date. FCL will not accept BUYER convenience returns for FCL PRODUCTS purchased through the FCL Online Store that meet applicable FCL specifications.
Only in the event that FCL incorrectly filled BUYER’s order, the incorrect FCL PRODUCT received is returnable, at FCL’s cost based on USPS rates, for full credit, provided the FCL PRODUCT is in salable condition and the error is reported promptly. BUYER must request and receive a return authorization number before returning the FCL PRODUCT. Please submit the request using the "Contact Us" form available on the FCL Online Store. FCL PRODUCT returned without a return authorization may be denied credit.
In the event the FCL PRODUCT is defective, FCL will repair or replace it, at its sole discretion. FCL will not authorize cash refunds on FCL Online Store purchases, but will issue a credit against the BUYER's credit card or PayPal account.
11. PRODUCT USE
Many factors beyond FCL’s control can affect the use and performance of a FCL PRODUCT in a particular application, including the conditions under which the product is used and the time and environmental conditions under which the FCL PRODUCT is expected to perform. Since these factors are uniquely within the BUYER’s knowledge and control, it is essential that the BUYER evaluate the FCL PRODUCT to determine whether it is fit for a particular purpose and suitable for the BUYER’s method of application. This includes the BUYER evaluating the functionality and/or suitability of the DVD playback device or software package which may be used to view the FCL PRODUCTS.
12. REGION-FREE DVD COMPATIBILITY
All FCL DVDs are region-free discs and will play free from region code restrictions in set-top DVD players worldwide.
13. WARRANTY AND LIMITED REMEDY
The FCL PRODUCTS will meet FCL’s specifications at the time of shipment. FCL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If a FCL PRODUCT is defective, BUYER’s exclusive remedy and FCL’s sole obligation shall be, at FCL’s option, to replace the FCL PRODUCT or refund the purchase price.
14. LIMITATION OF LIABILITY
FCL will not be liable for any loss or damage arising from the FCL PRODUCTS, whether direct, indirect, special, incidental or consequential, regardless of the legal theory asserted, including warranty, contract, negligence or strict liability.
15. CONTROLLING LAWS
This Agreement will be construed and interpreted in accordance with the laws of the State of New York.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties relating to the subject matter of the Agreement and supersedes all prior agreements, whether written or oral and all other communications between the parties relating to the subject matter of this Agreement.
17. MODIFICATION OF AGREEMENT
This Agreement may not be changed except by a written agreement signed by an authorized officer of FCL.
18. ACCEPTANCE OF AGREEMENT BY BUYER
BUYER accepts the terms and conditions of this Agreement by clicking the “Submit” option during the checkout process.
LIMITED END USER LICENSE AGREEMENT
Please click here to download Fabric Confetti's, limited end user license to use certain embroidery design files.