Fabric[K] Design

Standard Terms of Sale and Use


Standard terms of sale and use

Read the following agreement (referred to herein as “Terms”) governing your use of and purchase of products from the site. The Terms are applicable to any order placed with and accepted by Us (referred to herein as Fabric[K] Design, LLC) By using the site and by providing personal information to Us, you(referred to herein as the “Customer”) agree to be bound by the Terms set forth below, the Return Policy, Licensing Agreement, and any other documents referred to therein.

  1. Scope of Agreement

    • Fabric[K] Design, LLC, upon acceptance of an Order placed by the Customer, will provide the products and services specified in the Order (the “Work”) to the Customer, pursuant to the Terms, its exhibits and the acceptance of such order submitted by the Customer . The details of the Work (e.g. quantity, price, and features) shall be set forth in the relevant order.
  2. Modifications

    • Periodically, we may change the Terms that govern your use of our site and our products. Your use of our site following any such changes to these Terms constitutes your agreement to follow and be bound by the Terms as changed. Any content offered or posted on this Site is subject to modification or discontinuation at any time and periodically without notice or obligation to you. Without limiting the foregoing, Fabric[K] Design, LLC reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or content offered through the site, at any time.

  3. Price

    • The prices payable by the Customer for goods and services rendered by Fabric[K] Design, LLC under these Terms will be specified on the site and in the applicable Order. Unless otherwise expressly stated, all prices exclude shipping and taxes. Payment terms are net thirty (30) calendar days from the date of the invoice. If Buyer does not pay an invoiced amount within terms, Buyer will in addition pay finance charges of one and one-half percent (1.5%) per month on the late balance and Fabric[K] Design, LLC reserves the right to withhold shipment of the Work until full payment is made. By placing an order with Fabric[K] Design, LLC you agree to these Terms.                                                                                                    
  4. Terms of Use and Restrictions

    • This Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the site under applicable laws. You acknowledge and agree that Fabric[K] Design, LLC, in its sole discretion and without notice or obligation to you, may temporarily or permanently suspend or discontinue any or all access to the Site. We may change, move or delete portions of, or may add to our Site or its Contents (hereinafter defined) from time to time, and these terms cover any subsequent changes or modifications to our Site and/or its Contents. Other than for the purchase of products and services from our site, our site and the contents of our site (the “Contents”) are intended for personal and noncommercial use. You agree that you will not: (a) resell or make other commercial use of the products, the site and its contents; (b) modify, reproduce, publish, transmit, distribute, display, create derivative works from, sell or exploit in any way, in whole or in part, any of the products, contents, or the site without permission from Fabric[K] Design, LLC; (c) collect or use any product listings; or (d) use, frame or manipulate any Fabric[K] Design, LLC trademark, logo or other proprietary information without permission from Fabric[K] Design, LLC. Any unauthorized use of the site will result in you being banned from using the site

  5. Customer Information and Submissions

    • Any and all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered by you to Fabric[K] Design, LLC on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Submissions") shall be and remain Fabric[K] Design, LLC property.  You further agree that your Submission to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submission you submit. You agree that Fabric[K] Design, LLC may use and/or disclose information in your Submission consistent with the terms of the Privacy Policy.

  6. Intellectual Property and Copyrights

    • All products, designs, the site and its contents are protected by copyright, trademark, and other laws. Original architectural design products, plans and drawings on the site are protected as “ architectural work” under section 102 of the United States Copyright Act, amended December 1,1990. You agree not to display or use such copyrights and trademarks without Fabric[K] Design, LLC’s expressed permission                                                                                                    
  7. Electronic Communication

    • You consent to receive electronic communications from Fabric[K] Design, LLC either in the form of an e-mail sent to you at the e-mail address submitted at the time an order or contract for services was made, or by communications posted on the site. You acknowledge and agree that any electronic communication in the form of such e-mail or posting on the site shall satisfy any legal requirement that such communication be in writing.                                                                               
  8. Confidential Information

    • To the extent any submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to Fabric[K] Design, LLC a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Rights for any advertising or marketing of Fabric[K] Design, LLC products in any medium.  You agree to indemnify and hold harmless Fabric[K] Design, LLC and its affiliates, directors, contractors and employees against any losses, liabilities, claims and expenses (including attorneys’ fees) arising out of your account, your use of this site, your Submissions and any Personal Rights contained therein. Any information that parties receive or otherwise have access to incidental to or in connection with this Agreement (collectively, the “Confidential Information”), shall be and remain the property of the Customer. Confidential Information shall not include information which: (i) was in the possession of the Receiving Party at the time it was first disclosed by the Customer; (ii) was in the public domain at the time it was disclosed to the Receiving Party; (iii) enters the public domain through third party sources; (iv) is made available by the Disclosing Party to a third party on an unrestricted, non-confidential basis; (v) was lawfully obtained by the Receiving Party from a third party not known by the Customer to be under an obligation of confidentiality to the Disclosing Party; or (vi) was at any time developed by the Receiving Party independently of any disclosure by the Customer. Confidential Information may be used to the extent necessary to perform these Terms.

  9. Terms of Sale

    • All sales from the site are governed by these Terms and the Returns & Exchanges policy posted on the site. You should refer to such policies and review the same. By ordering and/or accepting delivery of the products, you agree to be bound by said policies.  The policies are subject to change without notice and you should review the same before you purchase any product.                                                     
  10. Warranties

    • The site, submissions and content provided via the Site are provided on an “as is” basis without warranty of any kind. To the maximum extent permitted by law, Fabric[K] Design, LLC disclaims all representations, warranties and conditions, express or implied with respect to the site, submissions, the content and any products or services, including without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, and implied warranties or conditions arising from course of dealing or performance. The material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. We reserve the right to revoke offers or correct errors, inaccuracies or omissions.

  11. Limitation of Liability

    • To the maximum extent permitted by law, Fabric[K] Design, LLC exclude all liability for any damages (howsoever arising, including without limitation through contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with your access to (or inability to access) or use of the Site and its contents. All conditions, warranties and other terms which may be implied by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law. In no event shall the Fabric[K] Design, LLC or their respective affiliates, directors, contractors, employees or agents be liable for: (i) any indirect, special, or consequential loss or damage, or (i) loss of profit, (iii) loss of business, (iv) loss of contract, or (vii) loss of data, in each case, incurred by any user in connection with the site, any sites linked to it and any materials posted on it.

  12. Governing Law

    • These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Michigan. The courts at the registered office of Fabric[K] Design, LLC will have exclusive jurisdiction over any claim or any dispute arising from, or related to, a visit to the site. Fabric[K] Design, LLC reserves the right to bring proceedings against you for breach of these Terms of Use in your State of residence or any other relevant State.                                                                         
  13. Questions

If you have any concerns about material which appears on the Site or these Terms, please contact us by emailing at: info@fabrick-design.com or by writing to:

Fabric[K] Design, LLC

3421 Burns Street

Detroit, Michigan 48214