Terms & Conditions
THE USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE:
Welcome to the Fabric Shield website terms and conditions for use. These terms and conditions form the basis on which you can visit us and our website.
We encourage you to read these terms carefully before placing an order with us as they contain important information.
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order with us, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these term and conditions, please do not use or access our website. Before you place an order, if you have any questions relating to these terms and conditions, please contact us by e-mail, or call us on 01423 325131 between 1000hrs and 1600hrs weekdays.
“Conditions” means these terms and conditions; “Cookies” means small text files which our website places on your computer’s hard drive to store information about your shopping session and to identify your computer; “Personal Information” means the details provided by you on registration; “Product or Goods” means a product displayed for sale on the website; “Product Description” means that part of the website where certain terms and conditions in respect of the individual product are provided; “Goods” means any item or order purchased by you from us, “Products” means all products available for sale on this website; “website means the website located at www.fabric-shield.com or any subsequent URL which may replace it; “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands; “Fabric Shield”, “us” or “we” refers to the owner of the website: Fabric Shield Ltd., whose registered office is: Tarn House 77 High Street, Yeadon, Leeds, West Yorkshire, LS19 7SP Registered in England and Wales. Company registration number: 12656786. VAT Registration. No. 272 3211 34 “You” or “Your” means the user, viewer or customer of our website.
2.0 Use of the website
You are provided with access to this website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.
You warrant that: The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the personal information by e-mail, or calling us on 01423 325131 between 1000hrs and 1600hrs weekdays. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our employees 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.
2.4 Our rights
We reserve the right to: modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions, then you must immediately stop using the website.
3. Purchase of Products
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
3.2 Acceptance of your order
The steps required to create the contract between you and us are as follows:
1. Find an item you want to buy
2. On the product page, where applicable, choose a size or type of the product you wish to buy
3. Select the quantity you require by clicking the add (+) remove (-) or clear buttons (X) against the product you have selected.
4. Click ‘Add to Basket’ to add the item to your shopping basket
5. Review your order in your basket
6. Continue shopping until you are ready to check out.
7. Select ‘checkout’ and you will be taken to your shopping basket
8. At checkout, review your order and complete the ‘name & address’ fields using the same name and address as it appears on credit or debit card you will use for payment.
9. If you wish to have your order sent to an alternative delivery address uncheck the ‘Deliver to this address’ box and complete the new delivery address fields.
10. Your postage costs or delivery charges where applicable, will be calculated based on your order value and delivery address and will appear under the subtotal as ‘Shipping & Handling’ under ‘Review your order’
11. Once your order total is confirmed, complete the fields for your chosen payment method.
12. Click ‘Place Order Now’
13. You should see a message confirming your order has been placed and is being processed. An email confirmation will be sent to your submitted email address. Non-acceptance of an order may be a result of one of the following:
– The product you ordered being unavailable from stock
– Our inability to obtain authorisation for your payment
– The identification of a pricing or product description error
– You do not meet the eligibility to order criteria set out in the main terms & conditions
4.0 How to Pay
For online purchases, payment is in advance and can be made by the means as stated on our website. We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. We will only process payments if we can obtain authorisation from your payment partner. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us. All products are priced as per our website in British pounds sterling as at the time of placing your order. Some products qualify as VAT exempt (see our VAT exempt explanation in this website). These will be highlighted on the website and will show both the nett price and with VAT applied at the standard rate.
4.0.1 Acknowledgement of your order to enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
4.1 Payment and Price
We accept payment by cash Payment for the goods, it does not affect your cancellation rights or your right to a refund if we exercise our rights of cancellation The price of the goods will be set out in our price list or shown on our website, in force at the time we confirm your order. Our prices may change at any time, but price changes will not affect any orders that we have confirmed with you. If your order is placed in-store, once completed, your order forms part of a legally binding contract, which cannot be cancelled without charge. If you are paying by card and where a deposit is taken with your order, a preauthorised final payment will be requested from your card, so that the full outstanding balance can be automatically be charged to your card when your goods have been manufactured and are awaiting delivery. Should you wish to place an order over the phone, we reserve the right to take a deposit by card, you will then be asked to make an electronic bank transfer for the outstanding balance before we will process your order. Once your final balance has been settled we will schedule the delivery with you.
4.2 Change an order
If you need to change details of your delivery address or remove items from your order, or cancel it completely, please contact our us for advice on 01423 325131 between 1000hrs and 1600hrs weekdays or email us at least 24hrs before the due delivery date. If you would like to add products to your order, please place a new order for these items. If your order has already been dispatched or delivered, then you’ll need to follow our returns procedure in the event of any unwanted products. We may revise these terms from time to time, in order to respond to changes in relevant laws and regulatory requirements or to follow best practice.
5. Standard Delivery
We charge £4.95 postage for all orders under £150.00 Delivery (Monday- Friday exc. Bank Holidays) is free on all orders over £150.00 to mainland UK only*. * For the Scottish Highlands and offshore UK addresses, please call us on 01423 325131 to determine any additional charges that will be incurred.
5.1 Non-Standard Delivery
(e.g. Bulk or large orders over £150.00) Delivery is free within the county of Yorkshire. Any deliveries outside of Yorkshire are charged on an individual order basis. We will provide you with an estimated delivery date at the point of order. Online orders, we will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery, but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date or offer you a full refund. On the day of delivery, we will call you approx. 60minutes before. An event outside our control means any act or event beyond our reasonable control
Our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. You may cancel the contract if an event outside our control takes place and you no longer wish us to provide the goods. Delivery of your order shall be completed when we deliver the order to the address you gave us and it will become your responsibility from that time. You own the product once we have received payment in full. To make sure you are completely satisfied with your items, the delivery team will ask you to sign for receipt of your order. If no one is available at your address to take delivery on the date and at the time notified to you; If you require an item urgently or by a certain date, we recommend that you contact us for availability. If for some reason we are unable to meet your required delivery date, we will inform you of this and await your instructions. Please allow for longer delivery times during the Easter, Spring Bank and Christmas periods due to factory holidays.
5.2 Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
5.3 Missing, incomplete orders
If your order hasn’t arrived, or arrives incomplete, please contact us on 01423 325131 between 1000hrs and 1600hrs weekdays.
5.4 Damaged and Faulty Goods
As part of our quality control procedure, we inspect every item prior to despatch and delivery, to ensure you receive products fit for purpose As a consumer You have 14 days if you feel that your order is in an unsatisfactory condition when it is delivered, you can refuse the delivery, return it in person or post it back to us at your expense (see our returns policy). Please contact us first on 01423 325131 between 1000hrs and 1600hrs weekdays or follow our returns procedure. If you are not present at the time of delivery and you discover a fault or damage, please notify us and email photographic proof of the fault or damage in the first instance. Should you receive goods that are faulty or damaged you are entitled to full refund or replacement up to 30 days from date of receipt. Please note that we reserve the right to examine the goods to confirm damage and establish fault prior to agreement to refund or replacement. If you choose to use your own courier to collect the goods, then the risk of damage passes to you as soon as the goods are handed to your courier.
6.0 Manufacturers Warranty
If you discover a fault with your order or are uncertain of the length of warranty on your order (where applicable), please contact us on 01423 325131 for more information. We will contact the manufacturer on your behalf and arrange a replacement. If the fault is not covered under the manufacturer’s product warranty, wherever possible, we will present you with the options available, how it may be resolved.
7.0 Your Rights to Cancel
Customers who purchase products in-store have no legal right to return or cancel an order unless goods are faulty If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk.
If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Any ex-display, showroom stock is sold as seen and is non-refundable.
Although our products are designed for fabric and material care, we cannot accept cancellation for a product no longer being appropriate for your needs, as a consequence of changes in your circumstance or any deterioration in health arising after an order has been placed.
7.1 Buying in store
Cancellations and returns of in-store orders after delivery will only be accepted on the grounds of product fault or damage arising pre-delivery. Customers who purchase in-store and wish to cancel and replace with another product may do so, providing they meet our returns policy.
7.2 Cancellation under the Consumer Contract Regulations 2013 SI 2013/3134
If you buy online or by phone, under Consumer Contracts Regulations you are entitled to cancel this contract (non-business only). You have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items).
You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. Your consumer rights entitle you to an exchange or full refund. Cancellations can be made in store, over the phone, by printing off and completing a printable PDF form if you request one in writing to: Fabric Shield Ltd, 34c Leeds Road, Harrogate HG2 8BQ, within 14 working days of receipt, stating your name, address, contact telephone number, proof of purchase and details of your order.
This includes any delivery charge. Where the 14th day falls on a Saturday, Sunday or Bank Holiday the final day shall be deemed to be the following working day. This 14-day period is to give you the opportunity to inspect the goods. Until you return the goods to us, it remains under your ownership and it will be your responsibility to maintain and protect it from damage, keeping it in “as new” condition. Failure to return goods in perfect condition may entitle us to make a claim for damages.
You must return the goods to us at your expense. We are unable to refund postage or delivery costs. If an order is cancelled after delivery there is no legal right to return or cancel an order unless goods are faulty You may be requested to provide proof of posting, should we receive your cancellation after the expiration of the cancellation period. You cannot cancel your order if the goods you have ordered are bespoke.
7.3 Our rights to cancel and applicable refund
We may have to cancel an order before the goods are delivered; if we do not deliver to your area, due to an event outside our control (Force Majeure) or the unavailability of stock. In the event of a supplier being unable to supply the goods within reasonable time, then we shall terminate the contract between us and issue you with a full refund. We will try to resolve any issues that you have as quickly as possible and if necessary, we will explain how to follow our complaints procedure
8. Returns Information
We hope you are happy with your order, but if, for any reason you need to exchange or return an item to us, please notify us immediately by contacting us on 01423 325131 or by email at firstname.lastname@example.org stating why you wish to return the goods. We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using the goods prior to cancellation). All we ask is that tell us within 14 days and return your items to us in perfect condition and with their original packaging within 30 days from which you bought them.
Please note, we can only accept products in their original packaging. Therefore, we strongly recommend you keep the packaging and contents in perfect condition.
All mattress protectors, pillow protectors and personal hygiene products that have been unsealed will be deemed as having been used and therefore cannot be returned for any reason and are not eligible for refund unless they are faulty or damaged.
Items treated with an aftercare product will be deemed to have been accepted by you and will not be able to be cancelled or returned.
This does not affect your legal rights as a consumer if such goods are faulty or not as described.
If you are uncertain whether your item can be returned, please call us on 01423 325131 between 1000hrs and 1600hrs weekdays.
You are responsible for the postage costs, if you wish to return items. Please consider the cost of postage before posting, as this may be greater than the value of the goods.
We strongly recommend that you use a tracked postal service, as proof of sending will be required in the event of items not been received by us, or for items lost in the post.
Please provide proof of purchase and return the goods unused, undamaged and in their original packaging to us within 30 calendar days of notifying us you wish to do so. All refunds will be issued within 14 calendar days from the date we receive the goods via the same method used to pay for goods, after we receive them.
34c Leeds Road
9. Description of products
Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on our website are accurate and correct at the time when the relevant information was entered onto the system. We cannot guarantee that your computer screen or device display of the colours or the printed pictures accurately reflect the colour of the goods Any images of the goods on our website or in our catalogue or brochure are for illustrative purposes only
10. Purchase of Additional Items
To avoid any variation in colour; shade, or specification, we strongly recommend that any additional items e.g pillow protectors should be ordered at the same time as your order. Please be aware that additional items ordered in the same design or fabric, at a later date may differ slightly.
11. Manufacturers Warranty
All our products are suitable for general domestic and trade use only. Fabric Shield warrant that from the date of dispatch and delivery our products are free of manufacturing defects and fit for their intended purpose, subject to reasonable wear and tear in normal domestic use for a period as stated within the manufacturers’ warranty. A defect under these terms means any imperfection in the material or workmanship that will impair the use of the product.
This warranty is subject to the following conditions:
Any manufacturers’ warranty does not apply to any product that has been neglected or not looked after. Any manufacturers warranty is only valid for the original owner and at the original delivery.
Any additional costs incurred by the customer excluding labour and parts are the responsibility of the customer and are not included in this warranty. Fabric Shield reserves the right to decide whether a component should be repaired or replaced.
Individual products are covered by the manufacturers’ warranty according to range, extended warranties are available, please ask for further details.
12.1 Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary, to make a purchase) download such material and content onto only one computer hard drive for such purpose.
Any other use of the material and content of our website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, modify, transmit, publish, display, or repost, distribute, commercially exploit or create derivative works of such material and content anything on this website for any purpose.
12.2 Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on our website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website.
Any weights, dimensions and capacities given about the goods are approximate only. Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery, we will provide you with a full refund within 14 calendar days of the date you notify us to cancel your order. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs 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.
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. It is your responsibility to ensure that the right equipment is available to use the website.
This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions. Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
12.6 Entire agreement
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Fabric Shield and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.
These terms and conditions and any contract between us shall be governed by and construed in accordance with the laws of England and you any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract. Whilst every care is taken to ensure the information in this website or publication is correct, no legal responsibility can be accepted for any inaccuracy. The company reserves the right to alter or modify the information contained herein at any time in light of technical or other developments. The parties to the contract are Fabric Shield and you, the customer placing an order with us. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. Our website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
The exportation of our products is your responsibility unless arranged with us otherwise. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of some of our products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
If you have any comments about any of the products supplied to you please contact us via our contact page.
12.10 Promotional vouchers/codes
1. Vouchers/codes have a cash value of £0.001 pence and are not transferable or assignable and cannot be sold at auction.
2. Only one voucher/code can be used per order.
3. Only one voucher/code can be redeemed per household.
4. When using a voucher/code, the full balance of the purchase is payable at the time the order is placed.
5. Vouchers/codes are valid for new purchases only.
6. A minimum order value applies for a voucher/code to be valid.
7. Vouchers/codes cannot be used with any other promotion, discount or offer and are subject to an expiry date.
8. Fabric Shield reserves the right to refuse redemption of vouchers/codes if they believe they are being used by someone, other than, the intended recipient.
9. Fabric Shield reserves the right to decline to accept vouchers/codes where, in its opinion, a voucher/code is invalid for the purchase being made.
10. Fabric Shield reserves the right to cancel a promotion at any time.
11. Fabric Shield shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotional voucher/code or any failure or inability of a customer to use a promotional voucher/code for any reason.
12. Fabric Shield reserves the right to change these promotional voucher/code terms and conditions at any time.
Please call 01423 325131 (calls charged at national rate) or complete the contact form on our website (under ‘Contact us’). To provide you with the very best service, we may monitor or record our calls for training purposes. How to contact us: Write to us 34c Leeds Road, Harrogate HG2 8BQ Email us Call us: 01423 324131 If we have to contact you, we will do so by e-mail 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 rise 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). Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Version 1.0 June 2020
Please check back frequently to see any updates or changes to these terms and conditions.