Terms & Conditions
Website owner, the offering, and binding of Terms
This website is owned by Steven R Love. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors a variety of boutique textiles fabrics. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Who can use your website; what are the requirements to create an account
To use our website and/or receive our services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
Return and refund policy
NO CLAIMS WILL BE ACCEPTED FOR MERCHANDISE THAT HAS BEEN CUT AND/OR PROCESSESED AND/OR TREATED.
Upon Delivery fabrics must be checked for:
·Damage during transport
·Errors regarding quality, quantity, etc..
·If goods are rejected, the buyer must inform Egg & Dart Textiles in writing of the reason for this rejection.
·The rejected goods can only be returned with the permission of Egg & Dart Textiles
·If Egg & Dart Textiles agrees to the return of the merchandise, the buyer will be credited for this merchandise after the deduction of: [Transport] cost incurred in connection with the rejected goods. 25% of the value of the goods as invoiced in connection with restocking fees.
·Reimbursement in connection with a claim cannot exceed the value of the goods as charged to the buyer.
·In the case of claims relating to the quality and /or technical specifications of the delivered merchandise, we reserve the right to asses such claims on the basis of the visual and /or technical tolerances that commonly apply in the industry to such merchandise.
·No claims can be accepted for goods whose width differs by up to 5% from the width indicated in the price list or on the sample
·If goods are being returned due to wrongly ordering the correct fabric, color or quantity, the cost of transporting of the merchandise back to the warehouse is at the expense of the buyer.
·A return authorization number is required for all returned merchandise and this number must appear on all packing and documents relating to the return.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Steven R Love. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
*You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold Steven R Love harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Steven R Love, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Steven R Love assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Riverside Country CA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Palm Desert. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.