Terms and Conditions
These terms and conditions are an agreement between you and FAB NINE DESIGN LLC ("Company"). Please read these terms and conditions carefully. These Terms and Conditions apply to the Company's website, with a homepage located at http://www.fabninedesign.com (the "Website"). "You" or "your" refers to the person using this Website. By accessing and/or using the http://www.fabninedesign.com website including linked sites (the "website") and/or by ordering products and/or services offered on the website, you are agreeing to this Agreement. If you do not agree to be bound by the Agreement, then you cannot access or use the website or make an order on the website or the network.
Ownership and Use of Materials: The materials on this Website belong to the Company and/or its third-party licensors. There are some important rules about using, copying, and sharing these materials. You may download, print, or forward a copy of the materials on this Website only for personal, noncommercial use. When you download or print a copy of the materials on this Website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. You may not alter the appearance or contents of any of the materials on this Website.
The materials on this Website are protected by United States and foreign copyright laws. If you use the materials in a way that is not clearly allowed by these Terms and Conditions, you are violating your contract with us and may be violating copyright, trademark, and other laws. In that case, Company automatically revokes your permission to use the materials and you must immediately destroy any copies you have made. Title to the materials remains with Company or its third-party licensors. All rights not expressly granted are reserved.
Use of the website.
Use of the website is restricted to individuals who are either age 18 or over, or those between the ages of 13 and 18, who are using the website with the permission of a parent or guardian. By using the website, you represent to FAB NINE DESIGN that you are in one of these age categories.
In addition to agreeing to the terms and conditions contained herein, you agree to abide by any and all laws, statutes, ordinances, rules and regulations concerning your use of the website and/or the network. As a condition of access to and use of the website and/or the network, you warrant to FAB NINE DESIGN that you will not access or use the website or the network for any purpose that is unlawful or prohibited by this Agreement.
If you would like, you may register on the website by creating an account. In order to register, you must provide your name (not an assumed name), valid address, valid email address and valid phone number. You are responsible for providing FAB NINE DESIGN with updated contact information. FAB NINE DESIGN will rely on the most recent information provided by you in order to contact you.
It is your sole responsibility to maintain the security of your account and password. Your password is for your personal use only and may not be used by any third party, even with your permission. You are solely responsible for any and all actions taken under your password on this website. You agree to be financially responsible for all of your use of this website.
- Your Conduct. You agree to follow the conduct rules listed below. If you fail to follow these conduct rules, the Company may, in its sole discretion, terminate or suspend your ability to use this Website. In addition, the Company will cooperate with legal authorities, where appropriate, and may pursue any other legal and equitable remedies including but not limited to monetary damages.
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use this Website for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- You will not hold yourself out as someone you are not or otherwise impersonate any person.
- You will not interfere or tamper with the functioning of this Website, nor will you attempt to gain access to information or control of the Website not specifically granted to you.
- You will not use this Website to transmit any virus or similar destructive program or code.
- Notification of Violations by Others. If you are aware of any improper behavior by any other website users, please report this information to us immediately at: [email protected] .
- Links to Other Websites. This Website may contain links to websites operated by other parties. The linked websites are not under the control of the Company, and the Company is not responsible for the content available on any other websites linked from this Website. The appearance of the links does not imply Company's endorsement of material on any other website and Company disclaims all liability with regard to your access to or use of such linked Websites.
- Contents of Website. The Company may change the contents of the Website and the services offered through the Website at any time.
- Advertising. This Website may include advertisements for products or services offered by other companies. The Company may receive payment from these advertisers. Although Company believes you may find the information offered by advertisers to be helpful, Company does not endorse or guarantee any product or service offered by advertisers.
- Use by Adults Only. You must be at least 18 years old to use this Website. Pursuant to the terms of the Children's Online Privacy Protection Act, Company does not knowingly collect any personal information from children under 13. If you believe Company has obtained any information from a child under 13 please report this to us at [email protected] and the Company will take appropriate action.
Price and Ordering.
All prices shown on the website and the network are quoted in United States Dollars. In addition to the price for goods and services, FAB NINE DESIGN will add charges for shipping and handling and also sales tax (where required by law) to all orders. FAB NINE DESIGN reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website and the network without incurring any obligation to you. Descriptions of, or references to, products or services on the website and/or the network do not imply endorsement of that product or service, or constitute a warranty, by FAB NINE DESIGN.
The receipt by you of an order confirmation does not constitute FAB NINE DESIGNs acceptance of an order. Prior FAB NINE DESIGNS’s acceptance of an order, verification of information may be required. FAB NINE DESIGN reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from FAB NINE DESIGN, for any reason. FAB NINE DESIGN reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price for any reason, including, without limitation, due to supplier pricing information, typographical error, or any other error, FAB NINE DESIGN shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, FAB NINE DESIGN shall promptly issue a credit to your credit card account in the amount of the incorrect price.
DISCLAIMERS AND LIMITATION OF LIABILITY.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEBSITE.
COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS. CERTAIN JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
FAB NINE DESIGN WANTS YOU TO BE COMPLETELY SATISFIED WITH YOUR PURCHASES THROUGH THE WEBSITE AND THE NETWORK. EXCEPT FOR NON-RETURNABLE ITEMS (ITEMS THAT HAVE BEEN SIZED, ALTERED BY A THIRD PARTY, SOLD AS SCRATCH AND DENT OR OTHERWISE NON-RETURNABLE IN ACCORDANCE WITH FAB NINE DESIGN’S PUBLISHED POLICIES), IF FOR ANY REASON YOU ARE NOT ENTIRELY PLEASED WITH A PRODUCT YOU PURCHASED FROM FAB NINE DESIGN SIMPLY RETURN IT AS SPECIFIED IN FAB NINE DESIGN’S RETURN POLICY WITHIN THIRTY (30) DAYS OF RECEIPT FOR EXCHANGE OR FULL REFUND OF THE PURCHASE PRICE. AFTER EXPIRATION OF THE 30-DAY RETURN PERIOD, FAB NINE DESIGN MAKES NO WARRANTIES, EXPRESS OR IMPLIED AND FAB NINE DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY COVER THE PRODUCTS SOLD ON THE WEBSITE OR NETWORK MAY BE PROVIDED BY THE APPLICABLE MANUFACTURERS. ACCORDINGLY, EXCEPT AS SPECIFIED ABOVE, FAB NINE DESIGN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD.
UNDER NO CIRCUMSTANCES SHALL FAB NINE DESIGN, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS AND BUSINESS INTERRUPTION WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF FAB NINE DESIGN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FAB NINE DESIGN'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
- Indemnity. You agree to indemnify, defend and hold the Company, its directors, officers, shareholders, employees, representatives and assigns (collectively, "Affiliates") harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) resulting from any claim, suit, action, or proceeding brought by any third party against the Company or its Affiliates alleging or arising from or related to your use of the Website or any breach of these Terms and Conditions by you. This paragraph survives expiration or termination of your membership or these Terms and Conditions.
- Geographic Scope. The Company Website is operated by FAB NINE DESIGN LLC from its offices in New Jersey, US. The Company welcomes visitors from around the world, however Company makes no representation or warranty that the contents of the Website are appropriate or permitted by the laws and regulations of countries other than the U.S.A. If you choose to access the Website from other countries you do so at your own risk and are responsible for compliance with applicable local laws.
- Choice of Law/ Disputes. You hereby agree that the only proper jurisdiction and venue for any dispute with Company, or in any way relating to your use of this Website, is in the state and/or federal courts in the State of New Jersey, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Company or its affiliates, employees, officers, directors, agents, and providers. Any claims relating to the information, services or products available on this Website will be governed by the laws of the State of New Jersey, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms and Conditions or your use of the Website will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. This paragraph survives expiration or termination of these Terms and Conditions.
- Miscellaneous. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall continue to be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You may not sell, assign, or otherwise transfer your account. Company may assign or transfer its rights with regard to your Account and these Terms and Conditions. Company's failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive Company's right to act with respect to subsequent or similar failures. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. This paragraph survives expiration or termination of these Terms and Conditions.
Product Display/Colors. The Web site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Errors on Our Site. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and the Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card or Gift Card charged. The Company reserves the right to decline any transaction for any reason it deems necessary. If your credit card or Gift Card has already been charged for the purchase and your order is cancelled, the Company will issue a credit to the same credit card or Gift Card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase on the Website, you may return it in accordance with the Company's Return Policy.