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terms & conditions

1. General Information

Axel Suijker Textile (“www.activefabrics.net”) owns and operate this Website.  This document governs your relationship with www.activefabrics.net (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Our office, warehouse and main trading address is located at:
Axel Suijker Textile
Quakenbrücker Landstr. 24
49637 Menslage
Germany

European VAT number: DE160992332

Contact us by eMail at info@activefabrics.net, by telephone on +49 54 31 / 9 32 34 or write us at the address as indicated above.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by www.activefabrics.net. www.activefabrics.net has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


2. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.


3. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with www.activefabrics.net you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.activefabrics.net retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.activefabrics.net or may in some cases be a third party. Where a contract is made with a third party www.activefabrics.net is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Payment
Payment for goods can be made by one of the following payment methods:
- advance payment
- credit card (operated by PayPal)
- PayPal

Payment for goods will be made in accordance with the procedure explained in the information page “payment methods”. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

(d) Right of Revocation
You have the right to withdraw from this contractual agreement within a period of fourteen days without providing substantiation for such withdrawal. The withdrawal period spans a period of fourteen days from the date upon which you or a third party nominated by you, who is not the carrier, shall take possession of the last of the goods, insofar as you shall have ordered multiple goods within the parameters of an integrated order and such goods shall be delivered within separate shipments.
In order to exercise your right of withdrawal, you must inform us

Axel Suijker Textile
Quakenbrücker Landstr. 24
49637 Menslage
Germany
tel.: +49 54 31 / 9 32 34
fax: +49 54 31 / 9 32 35
eMail: info@activefabrics.net

of your decision to withdraw from this contractual agreement by issuing a clear statement (e.g. in a letter sent by post, a fax or an eMail). You may use the appended sample withdrawal form for this purpose, although this is not mandatory. If you choose to exercise this option, we shall send you immediate confirmation (e.g. via eMail) of receipt of such notice of withdrawal. Despatch of the notice of withdrawal prior to the expiry of the withdrawal period shall be deemed sufficient for compliance with the withdrawal period.

Consequences of withdrawal
If you withdraw from this contractual agreement, we shall be obligated to refund to you all payments that we have received from you, exclusive of shipping costs, immediately and no later than within fourteen days from the date upon which we receive your notice of withdrawal from this contractual agreement. Any such refund shall be remitted by means of the same method of payment that you used to carry out the original transaction unless an alternative arrangement has been expressly agreed with you. Under no circumstances shall any fees be charged to you on account of this refund. We may refuse to issue a refund until such time as we have had the goods returned again or until you have provided evidence of having returned the goods – whichever shall have occurred earlier.
You shall be required to return or hand over the goods to

Axel Suijker Textile
Quakenbrücker Landstr. 24
49637 Menslage
Germany

immediately and, in any case, no later than within fourteen days from the date upon which you inform us of your withdrawal from this contractual agreement. The deadline shall be deemed to have been met if you despatch the goods before expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall be required to pay for any depreciation of the goods only if such depreciation is attributable to any unnecessary handling of the goods in order to examine their condition, properties and operation.

Reasons for exclusion or termination:
The right of withdrawal shall not subsist in the instance of contractual agreements concluded for the delivery of goods that are not pre-fabricated and whose manufacture is contingent upon an individual selection or stipulation of the consumer or which are exclusively customised to suit the consumer's personal requirements.

Before placing an order you have the possibility to order a sample of every fabric in every available colour.
With it you're able to test it completely for your purpose and you can get your own impression of the colour.

Please click here for more information concerning sample request.


withdrawal form

 

(e) Order Cancellation
We reserve the right to cancel the contract between us if, for example:
- we have insufficient stock to deliver the goods you have ordered;
- we don't deliver to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by eMail and will re-credit to your account any sum deducted by us from your credit, debit card, PayPal or bank account as soon as possible but in any event within 30 days of your order.


4. Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.activefabrics.net will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.


5. Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.activefabrics.net or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.activefabrics.net and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.


6. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.activefabrics.net and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.activefabrics.net's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.


7. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.


8. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.activefabrics.net and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.activefabrics.net.


9. Indemnity

You agree to indemnify, defend and hold harmless www.activefabrics.net, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.


10. Variation

www.activefabrics.net  shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.


11. Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.


12. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.


13. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.


14. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.activefabrics.net. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.activefabrics.net.


15. Law and Jurisdiction

These terms are governed by German law, and any contracts formed between via this site will be governed by German law. The German courts will have exclusive jurisdiction over any dispute relating to these terms or any contracts between us.


16. European Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can reach at http://ec.europa.eu/consumers/odr/