Terms & Conditions
Terms & Conditions
Access to and use of this website and any products and services available through this website are subject to the following terms and conditions. By accessing this website, you agree to be bound by all of these terms and conditions. These terms and conditions may be updated from time to time without notice. Accordingly, you should check this page regularly and review any changes. If at any time you do not agree to these terms and conditions in full, please do not use this website. We reserve the right to change services, refuse service, terminate accounts or access, or remove or edit content in our sole discretion.
Website Use
We are permitting you a limited license to access and make personal use of the website. This license does not include any downloading or copying of information for yourself or a third party, caching, unauthorised hypertext links and the framing of any content available through this website. The intellectual property rights in all software and contents made available to you or through this website remain our property (and that our of licensors). You are not permitted to publicise, manipulate, distribute or otherwise reproduce any of the content made available to you or through this website. You must not misuse this website. You must not upload, post or transmit any unusually large or potentially disruptive material, content you do not have a right to make available (such as the intellectual property of another party), any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. While using this website, you must not commit or encourage any criminal offence; transmit or distribute any virus, trojan, worm, logic bomb or post 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 website; corrupt data; cause annoyance to other users; send any SPAM, unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. We may report any criminal activities and disclose your identity to the relevant enforcement agencies.
Disclaimer & Indemnity
Other than as required under applicable consumer protection laws, under no circumstance will we be liable for any loss or damage caused by your reliance on information or products obtained through the website or a linked website. You expressly understand and agree that we and our related companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from use of the website, content or any related services. You agree to indemnify and hold us (and our officers, directors, agents, related companies, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable legal fees, for or arising out of or related to your breach of these terms and conditions, or your violation of any law or the rights of a third party.
General
Prices - All prices include any GST (goods and services tax) payable under the Goods and Services Tax Act 1985 unless explicitly stated otherwise.
Intellectual Property & Copyright
We do not permit the use of our intellectual property by other businesses and/or individuals for commercial or industrial purposes. Intellectual property includes, but is not limited to, our photographic imagery, signage, logo and other branded print collateral.
We own all intellectual property rights in and to all Make by TFS patterns, including copyright. Our designs, instructions, patterns, and all other associated documents are sold for personal use by our customers only. All commercial or industrial use is prohibited. No garments produced from, derived, adapted, or based on Make by TFS patterns may be produced for sale or in trade. No part of any Make by TFS documentation may be reproduced or distributed in any form, including electronic or manual methods.
Governing Law
The laws of New Zealand govern these terms and conditions and the contractual relationship between us. We both agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
Electronic Communication
You consent to receiving communications from us electronically and we consent to receiving communications from you electronically. We will communicate with you by email or by posting notices on the website.
No Waiver
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
Severability
If any provision or part thereof of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, that provision or part thereof shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
Privacy Policy
Here at The Fabric Store, we respect our customers’ privacy, and take all reasonable steps to comply with the New Privacy Act 1993 (New Zealand) and the Privacy Act 1988 (Australia). By interacting with our website, you agree to the way in which we collect, store and use your personal information, as outlined below: We, The Fabric Store, may collect and hold personal information from you. Personal information means information about an individual and can include names, contact and address details, dates of birth, and other information which may be used to identify an individual.
Providing personal information is not a requirement in order to use our website. Personal information is collected and used only when it is voluntarily provided to us either by signing up to our newsletter, or when you contact us in relation to enquiries and requests. If you do not wish to provide us with the minimum personal information necessary for a particular purpose (such as our newsletter), we will not be able to provide you with that service. Where possible however, we will allow you to deal with us anonymously or by using a pseudonym.
We will take all reasonable steps to ensure that your personal information collected is accurate, up to date, and protected from loss, misuse or unauthorised disclosure.
We will never share your personal information with third parties apart from those identified in this Policy (unless we are authorised to do so or are required to by law) or disclose your personal information to an overseas recipient. For the avoidance of doubt, your personal information is not used to make automated decisions.
There are a number of third party service providers that we work with, which allow us to provide you with the most efficient user experience:
Our website is hosted on Craft CMS and we have a Data Processing Agreement in place. Craft provides us with a CMS platform and add-ons that allows us to market our products and services to you. You may find out more about Craft’s privacy policy at the following link: https://craftcms.com/privacy
We use Google Analytics to obtain anonymised data about our website (such as unique visitors and the number of visits) to analyse trends and help improve our website. This anonymous data is stored by Google Analytics for a period of 26 months in accordance with its policy, following which it is deleted. For more information about the processing of your data by Google Analytics, see Google’s Privacy Policy at the following link: https://policies.google.com/privacy
Our website is powered by Craft, which uses cookies to provide a personalised browsing experience. A cookie is a small file that is downloaded onto your computer when you visit a website. It allows us to recognise and tailor our website to you and it won’t harm your computer. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, rejecting cookies may affect your ability to use the full functionality of our website.
We use MailChimp to manage our email newsletter mailing list. Only once you sign up to our mailing list will MailChimp be able to access the personal information you have provided. You are able to update your email marketing preferences via the links provided in the footer of all MailChimp hosted email correspondence. You may also unsubscribe at any time from our mailing list and you will find options for doing so at the end of the email correspondence. Alternatively, you may email us to have this request actioned.
When you click on links on our website, they may direct you away from our website. We have no control over these websites and cannot be held responsible for their privacy practices of other sites. We encourage you to read their privacy statements.
You have the right to access and correct your personal information held by us. To query or access any personal information we hold about you, please contact us by email at media@thefabricstore.co.nz.
This Policy may be updated from time to time. Any changes will be effective from the date of publication on our website.