Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Brilliant Tech Limited (“Fabryx”, “we”, “us”, “our”), trading as Fabryx, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Fabryx and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Fabryx and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Fabryx, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
You may, for your own personal, non-commercial use only, do the following: retrieve, display and view the Content on a computer screen
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Fabryx.
You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Fabryx for all claims resulting from Content you supply.
Prohibited use
You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Fabryx or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy
Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: www.fabryx.co.uk/privacy-policy/.
Returns
Each product is printed to order, so unless there is a fault with the item Fabryx does not accept returns. You will need to handle all customer returns yourself if it’s due to your customer changing their mind, exchanging or any other reason other than a product fault. Detail your returns policy on your store, including your returns address, since we cannot accept customer returns on site.
If a parcel shipped to your customer is returned to us due to delivery failure we’ll get in touch to let you know. If we don’t receive instruction on what to do with the parcel after 14 days we’ll assume it’s no longer required and the products will be donated to charity.
Product images and descriptions
Please note that the colour of images shown on this website may be affected by the technology used to access it. Whilst we do our best to faithfully reproduce colours, some variation may occur.
Product descriptions are taken from our suppliers and are, to the best of our knowledge, as accurate as possible. We occasionally check with suppliers to make sure our descriptions are accurate, but cannot guarantee that all product descriptions are accurate at all times. If you are in doubt, or have any questions about product descriptions, we advise you to contact our support team to check the information is accurate before purchasing a product or listing it for sale on your own site.
Cancellations
Due to the bespoke nature of most of the products we sell, all cancellations must be requested within 12 hours of your order being placed. After this time, your order will have entered production. If your order has already entered production within 12 hours of your order being placed then acceptance of cancellation requests will be made at our discretion.
Preview
The product preview tool is there to give a visual representation of your design on the product. It is likely the printed product may vary in size and colour. We advise you to order a sample of every new product you create to check the size and colour.
Damaged or faulty goods
All goods are examined in detail by ourselves prior to despatch to ensure that they leave our warehouse in perfect condition. However, transit damage unfortunately can occur. If your purchase is showing obvious signs of transit damage upon delivery, please refuse to accept delivery and notify us immediately. If damage is only evident upon opening of packaging, then you must inform us within 48 hours of receipt. In either case, we will then arrange re-delivery of replacement goods as soon as possible.
If your goods develop a fault within 28 days of delivery (including goods delivered with a print or manufacturing fault), the goods may be returned for either refund in full, or replacement.
In all queries relating to faulty goods we require customers to provide photographic evidence so we can investigate the issue. Once a photo has been received we will investigate and decide whether to accept or reject your claim of a fault. Please note that we judge faults based on a tolerance of up to 2cm for print positioning and garment manufacture. These promises do not apply to faults caused by accident, neglect or misuse.
Due to variations during the manufacturing process, or differences in size between garment size variants, we cannot guarantee that the print file uploaded to a product can be printed to the size requested. For some small sized garments, we need to reduce the print file size by up to 15% to achieve a print that fits on the garment. This may result in the physical product not matching the preview, but we will not consider this product as faulty and no refund/replacement will be offered unless a genuine fault with the print or garment is present.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Fabryx makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Fabryx is under no obligation to update information on the Website.
Whilst Fabryx uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Fabryx accepts no liability for any disruption or non-availability of the Website.
Fabryx reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Fabryx accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Fabryx details
Brilliant Tech Limited is a company incorporated in England and Wales with registered number 06351555 whose registered address is Pearl House, 746 Finchley Road, London, NW11 7TH, trading as Fabryx, and it operates the Website www.fabryx.co.uk and www.fabryx.com.
You can contact Fabryx by email at support@fabryx.co.uk.