Terms & Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy, govern Acorn Fabrics (Cumbria) Ltd’s relationship with you with regard to this website.

Sale Contract

Basis of Sale

All orders that you place on the website will be subject to acceptance in accordance with these terms and conditions.

The following is required to create a contract between you and us:

*Please follow the simple onscreen instructions taking you through the process of placing an order on the website. You offer to buy the products at the prices indicated as well as any applicable delivery charges.

*An order acknowledgement email will be sent to you detailing the products you have ordered.

Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Acorn Fabrics (Cumbria) Ltd.

The acceptance of your order and the completion of the contract between you and us will take place on dispatch of the products unless we have notified you that we do not accept your order or you have cancelled it. Once we have accepted your order it becomes binding, subject to your rights of cancellation.

Non-acceptance of an order by us will occur if:
* The ordered product is out of stock, or unavailable;
* We identify a pricing or product description error;
* Or we are unable to obtain authorisation for your payment.

No substitute products will be sent.

To purchase products you must register with your real name, telephone number, email address, payment details, delivery address as described below and any other requested information.

Acorn Fabrics (Cumbria) Ltd reserves the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Cancellations, Returns and Refunds

If you are in the European Union and you cancel your order in writing within 14 working days after the day you get your goods, and you cancel the whole order, we will refund the order including any postage and packing costs you might of paid as part of that order.

You will have to pay the costs of sending the order back to us. We will not refund any postage and packing charges if you cancel after the fourteen days allowed under the Distance selling Regulations or if you only cancel part of your order (although you still have 21 days to return your goods and receive a refund for the cost of the goods).

Complaints

Please contact us on 01282 698662 or sales@acornfabrics.co.uk if you have any complaints.

Product variations and use

Acorn Fabrics (Cumbria) Ltd will make every effort to ensure that the products we supply through our website correspond as closely as possible to those shown on the website but cannot guarantee that they will be exactly the same.

We cannot accept any responsibility for any variations in fabrics or products. Colours may vary from those depicted depending on the settings of your monitor, software or printer. All measurements are approximate. The technical specification of products may change due to availability of raw materials and we reserve the right to make such changes as and when necessary.

Our fabrics are made from natural products and may thus have natural characteristics such as slubs and other irregularities in the yarns which are not weaving faults. All our products are designed for apparel use only.

Our intention is always to prepare your order using fabric in one continuous length without a join or seam. Occasionally, particularly if stock is low, we will have to join two pieces together to fill the order. When this occurs, we pay particular attention to match the colours of the two pieces. If, due to the above, you are unhappy with your purchase when it arrives, please return the fabric to us and we will issue a credit note.

Free Swatches

We recommend that you request a swatch to be sent to you to check the colour, design, scale of pattern and suitability, before ordering your fabric. We are happy to provide a few swatches free but reserve the right to request the customer make a smaller selection should a request be made for a large number of swatches. Alternatively, call us on 01282 698662 and speak to one of our experienced staff who will be happy to help you.

Prices and Charges

All prices are in pounds Sterling and are exclusive of VAT at the current rates but excluding delivery and any other charges where appropriate. Acorn Fabrics (Cumbria) Ltd will use all reasonable care to ensure that all information provided on this website is correct at all times. In the event that the actual price of the product ordered is not stated correctly on the website, Acorn Fabrics (Cumbria) Ltd retains the right to inform you of this error and you may then cancel your order or continue with the order at the correct price. If we are unable to contact you within seven days of your order being placed, we will deem the order as cancelled and will refund your order.

For overseas customers, any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges and cannot predict them.

VAT

VAT is charged on the fabric and delivery rates for goods delivered within the European Union (EU). Companies outside the UK but still within the EU with VAT numbers (or the equivalent) will be except if they input their VAT number when they register an on-lin account. When you place your order the summary page will display the VAT charged on your order.

Delivery

In cases of items returned to us due to failed delivery it will be the customer’s responsibility to arrange and pay for re-delivery.

Delivery times are estimated are not guaranteed however we will do our utmost to ensure goods are delivered within the stated time.

We shall not be liable for delays or failures in delivery caused by a failure to gain access to the delivery address on the agreed delivery date or failure to obtain a signature or because of other circumstances beyond our reasonable control. Specific delivery times and days cannot be agreed in the on-line order process. If a particular delivery time is required, orders must be placed with us via email or telephone.

Risk & Property

We carry the risk of loss or damage to the Products until you receive them. If you return the Products to us for any reason, they will become our property and be at our risk from the time at which we receive them.

Payment

Payment can be made by Visa, Visa debit, Visa electron, JCB, MasterCard, American Express, Solo or Maestro. The card must be yours and you must be over 18 to order on this site with a valid address that is not a PO box number, hotel or temporary accommodation address. All cardholders are subject to validations checks and authorisation by the card issuer. If your payment is refused we will not be liable for any delay or non-delivery of your order.

Usage

The term Acorn Fabrics (Cumbria) Ltd or “us” or “we” refers to the owner of the website whose registered office is set out later in these terms and conditions. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without Acorn Fabrics (Cumbria) Ltd’s prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Website disclaimer

The information contained in this website is for general information purposes only. The information is provided by Acorn Fabrics (Cumbria) Ltd and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss data or profits arising out of or in connection with the use of this website.

Through this website you are able to link to other websites which are not under the control of Acorn Fabrics Ltd – we have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

The Website and its contents are provided ‘as is’ and without representation, term, condition or warranty of any kind either express or implied (and whether implied by law, custom or otherwise) in respect of the website and/or its contents we disclaim all representations, terms, conditions and warranties including but not limited to, as to satisfactory quality, merchantability, fitness for purpose, title and non-infringement of intellectual property rights to the fullest extent permissible under applicable law we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. In addition, we exclude any representation or warranty that the information and/or facilities accessible via this website are accurate, complete or current, or that the website will be free of defects including, but not limited to viruses or other harmful elements.

The user of the website assumes all costs and risks arising as a result of its use of the website. We will use reasonable endeavours to verify the accuracy of any information on the website but we make no representation or warranty of any kind express or implied in relation to its accuracy regarding the contents or availability of the website or that it will be free from errors or that the errors will be corrected, or that the website or the server are free from viruses or represents the full functionality, accuracy, reliability of the website.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability whatsoever for any loss or damage from action taken in reliance on material or information contained on the website. Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.

We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the products or goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.

We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

Copyright notice

This website and its content is copyright of Acorn Fabrics (Cumbria) Ltd – © Acorn Fabrics (Cumbria) Ltd 2012. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

*You may print or download to a local hard disk extracts for your personal and non commercial use only
*You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
*You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.

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