This page outlines the terms and conditions of Fabulous Vintage, Sydney’s best online shop for designer retro vintage fabrics, vintage cushions, retro lampshades & lighting and stretched fabric art canvas. Shop online or contact Fabulous Vintage to arrange a free home decor vintage fabric consultation.
Website Terms and Conditions of Use
In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to Fabulous Vintage and includes its related entities. These terms and conditions apply to the use of this web site. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
Information Available on Website
All information provided by us at the website is provided in good faith. We derive the information on our website from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. You accept that any information provided by us is general information and is not in the nature of advice. In addition, we do not make any representations or warranties that the information we provide on this website is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us on this website. You should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on our website. You agree to use our website for lawful purposes only.
Exclusion of Liability and Overall Disclaimer
The materials and information provided on this website and related communications are provided on an “as is” basis. Fabulous Vintage assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this website. Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Fabulous Vintage.
Subject to any non-excludable or implied provisions at law, Fabulous Vintage expressly disclaims any warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this website.
Fabulous Vintage shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this website, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Fabulous Vintage is expressly advised of the possibility of such loss or damages.
Liability and Indemnity
Except as required by law, all warranties beyond those expressly given in these terms and conditions, are excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
- If the breach relates to goods:
If the breach relates to services:
- The replacement of the goods or the supply of equivalent goods, or
- The repair of such goods, or
- The payment of the cost of replacing the goods or of acquiring equivalent goods, or
- The payment of the cost of having the goods repaired.
- The supplying of the services again:
- The payment of the cost of having the services supplied again.
Fabulous Vintage accepts no responsibility or liability from your use of this website and you will indemnify and hold Fabulous Vintage harmless from and against any claims, damages, costs and expenses as a result.
In order to access certain parts of this web site, or process certain transactions offered on this web site, you may need to become a registered user. We reserve the right to terminate your registration and to withdraw your access to this web site at any time if you breach these terms and conditions, or if we consider that you are using the services provided on this website in an inappropriate manner. You must ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied. You must not disclose your password to another person, or permit another person to use your password to access this website. Registered users will be liable for all money outstanding from purchase of goods or services using your password.
Terms and Conditions of Sale
The following terms and conditions of sale (‘Conditions’) apply to the supply of goods (‘Products’) or services (‘Services’) by Fabulous Vintage to you, including all transactions for the purchase of Products and Services through this website. In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to Fabulous Vintage and includes its related entities.
Images, drawings, sizes and materials relating to products and accessories displayed on this website are for illustrative purposes only. Actual colour specifications for a particular product may vary depending on your personal computer settings, natural variations in hand made products and materials, dyes etc. Fabulous Vintage fabrics are cleaned before use. For future care dry cleaning is recommended. Fabulous Vintage does inspect fabrics for damage such as holes, marks and fading however there may occasionally be small flaws or imperfections. You are advised to read all fabric descriptions carefully before making a purchase.
Acceptance of Order
The advertisement and display of a product on Fabulous Vintage is not an offer to sell and Fabulous Vintage will be under no obligation to supply any product ordered through this website. You offer to purchase a product from Fabulous Vintage when you place an order. We will be under no obligation to supply the product to you until we accept your order. From time to time a product may be displayed on our website that is not available for sale.
All orders are subject to our acceptance. Any order under these Terms and Conditions must be placed via the forms provided on this website and must specify all information requested. You must complete all information requested on the order form before we process the order. We will send you an email acknowledging the products ordered as soon as possible after you have placed an order. However, our acknowledgement of your order by email will not constitute an acceptance of the Order. An Order for Products will only be binding on us when we accept the Order by a separate email once your payment has cleared. If we do not accept your Order for any reason, we will inform you by email or in writing.
If any of the items you order are out of stock or not available, or there is an anticipated delay with your order, we will contact you as soon as possible. If we do not receive a response from you within 48 hours the remainder of your order will be processed and dispatched. We will not substitute any product without your express authority.
All prices provided on this web site are in Australian Dollars and are inclusive of a Goods and Services Tax (‘GST’), unless explicitly stated otherwise. The GST payable by you will be shown on the invoice provided at the time of delivery of the products. The purchase price for the products will be at our selling price on the date of our receipt of the order, less any applicable discounts in effect at that time.
We will not be responsible for errors in pricing that appear on this website. We will notify you in the event of a pricing error on the website before an order is delivered, and you will have the opportunity to cancel your order in accordance with these Terms and Conditions.
All orders will attract a delivery charge as set out on our shipping page.
PayPal balances, VISA or MasterCard credit cards (using the PayPal service), cheque, and direct deposit can be used to make payment for products purchased from this website. PayPal will verify the credit card information you submit and will advise you that your payment has been accepted. You must submit to PayPal such information as may be reasonably requested for the authorisation and verification of your credit card purchases.
Fabulous Vintage will deliver the products to you only once the payment has cleared into the specified Fabulous Vintage PayPal account or bank account. Fabulous Vintage reserves the right to decline any payment that is believed to be fraudulent and exercise its lawful remedies if a dispute arises over payment through your credit card provider. If your credit card provider rejects a payment when due, Fabulous Vintage at its discretion may delay or cancel delivery of any order you have placed.
Fabulous Vintage has the right to offset and deduct from any refund due to you, at any time, all sums owed by you to Fabulous Vintage. If your account is placed in collection, Fabulous Vintage will be entitled to claim all reasonable expenses for collection, including legal fees incurred.
Delivery and Cancellation
We will deliver a product within the estimated period noted in the individual product description. If the expected delivery period for your request product/s is longer than estimated, you will be contacted and will have the opportunity to cancel your order. If an item in your order has a later shipment date, your entire order will shipped when that item arrives in stock
If you wish to change or cancel your Order, you must immediately contact us and we will endeavour to accommodate your request, if the products have not been dispatched. If you change or cancel your order after 48 hours from when you placed it, we reserve the right to charge you any costs we have incurred in relation to your order, including, but not limited to, transportation and administration costs; such costs will not exceed more than 50% of the total price of the ordered products.
You may return Products to us for exchange or refund within 7 days of receipt of the products, provided that the products are in perfect condition, unused, unwashed and are accompanied with their original packaging.
You must contact us notifying us that you wish to return an item including the invoice number on the email.
Products must be returned to our address in Sydney, at your own cost, with a dispatch note stating our original invoice number. The return address will be sent to you by email.
Once we have received the returned Products, we will notify you via email of your exchange or refund entitlement.
All merchandise that is correctly returned in accordance with the details contained within this page will be credited to the purchaser’s PayPal account or bank account.
The shipping costs incurred by the purchaser will not be refunded except when a product is faulty or delivered as a result of our error.
For items on sale credit notes only will be provided.
There is no refund or credit note offered for custom made orders.
Please note Goods and Services Tax will be refunded to Australian purchasers however Fabulous Vintage is not responsible for the refund of duties or taxes levied outside Australia.
Certain items marked “final sale” or similar are unable to be returned to Fabulous Vintage.
This site is owned and operated by Fabulous Vintage. All content, including but not limited to, photographs, pictures, designs, written and other content, are copyrighted to Fabulous Vintage. The reproduction of any content is prohibited without the consent of Fabulous Vintage. This site and its contents are for personal use only.
Title and Risk
You agree that until payment of all moneys owing to us, the products remain the property of Fabulous Vintage. The risk of any loss or damage to the products passes to you from the time we dispatch the products to your specified address or other agreed address.
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irreversibly and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts that may hear appeals from those courts.
Disclaimer of Liability
Fabulous Vintage its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a Linked Web Site. We do not accept any responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. Any exclusion or limitation of liability set out in these terms and conditions or on the website does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
You must ensure that your access to this website is not illegal or prohibited by laws, which apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system that arises in connection with your use of this website or any linked website.
We do not warrant the accuracy, adequacy or completeness of any information contained on this website, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Where the information made available on this website contains opinions or judgments of third parties:
- You acknowledge that any opinions or advice by third parties on this website remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purpose
- We do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice; and
- We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Responsibility for the content of any advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Intellectual Property Rights
You accept that the intellectual property rights subsisting in all materials on this website are owned or licensed by us and that you gain no interest in relation to them. By use of the site, such rights include rights relating to this website’s look and feel, idea and concept, and confidential information, whether or not they are reduced to material or tangible form. You must not do anything, or omit to do anything, which may infringe our intellectual property rights except where expressly authorised by these terms and conditions.
Copyright in this website (including text, drawings, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- Copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site, or
- Alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or
- Use or apply, for commercial purposes any material or information on this Site, without the prior written consent of Fabulous Vintage.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trademark. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
- In or as the whole or part of your own trade marks, or
- In connection with activities, products or services which are not ours, or
- In a manner which may be confusing, misleading or deceptive, or
- In a manner that disparages us or our products or services (including this web site).
All trademarks, brands and names appearing on this Site are the property of their respective owners.
You are provided with access to this website only for your personal use.
You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is specifically prohibited. You may not without our written permission on-sell information obtained from this website.
This website may contain links to other websites. Those links are provided for ease only. Their accuracy and relevance cannot be confirmed. We are not responsible for the content or privacy practices associated with linked websites.
Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Fabulous Vintage will not monitor or review statements made by persons other than Fabulous Vintage (“Third Parties”) on this Site. Third Parties may post statements or information relating to items offered for sale by Third Parties on some portion of this Site, from time to time (“Third Party Posted Material”). Fabulous Vintage makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Fabulous Vintage expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Fabulous Vintage is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Fabulous Vintage has been expressly advised of the possibility of such loss or damages.
You must not link to any part of this web site other than the home page without our written consent.
Security of Information
Unfortunately, no transmission of data over the Internet can be guaranteed to be totally secured. Whilst we endeavour to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Any information that you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
We may terminate access to this web site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
Alterations to Terms and Conditions
We may revise and modify these Terms and Conditions at any time by updating this web page. You are bound by such changes and should therefore regularly revisit this page to ensure you understand the current Terms and Conditions. Your continued use of the website after a revision of these Terms and Conditions evidences your acceptance of that revision.