TERMS AND CONDITIONS OF CONTRACT FOR LOOME LTD.
1. By agreeing to these terms and conditions, you are agreeing that the fabrics delivered to you are personalised goods and, as such, excluded from the return of goods provisions in the Distance Selling Regulations (The Consumer Protection Distance Selling Regulations 2000) and that statutory right under those regulations to return goods does not apply to any cut lengths of fabric bought through this site.
2. We do not accept any liability for or duty to compensate for any labour service costs involved in the use or make-up of our fabrics even in the case of faulty or damaged fabric.
3. Many of our fabrics are sold in both flame-retardant (FR) and non-flame-retardant (non-FR) versions. By law fabric supplied for use as part of upholstered furniture must meet UK flame retardancy standards. Please make sure that for upholstery use you order the FR version. If you order non-FR fabric from our site it must not be used for furniture upholstery unless it contains at least 75 per cent by weight of cotton, flax, viscose, modal, silk or wool, used separately or together and not coated with polyurethane or a polyurethane preparation in which case it can be used with an FR interliner placed beneath the fabric.
Use of the Website
Welcome to the Loome Fabrics. By accessing this website you agree to these terms and conditions. Loomefabrics.co.uk is provided solely for your personal use for the purchase of fabric.
All care and attention is given to ensure that the technical information and advice contained in this website is accurate but Loome Ltd. does not warrant the accuracy thereof and you rely on the same at your own risk.
The web site contents, terms and conditions and all contracts formed between Loom Ltd and users shall be governed by, and construed in accordance with, English Law.
The sofa fabric measurement estimator and the curtain measurement estimator on this website are intended to be for guidance only. Loome Ltd does not accept any responsibility for inaccuracy in measurement or the oerdering of too much or too little fabric that may arise from reliance on either of these guides.
Any advice given by email, letter or phone as to the suitability or otherwise of any fabric, or the suggested lengths, is offered in good faith but is intended to be for the purposes of giving general guidance only and Loome Ltd does not accept any responsibility for inaccuracy in measurement or lack or suitability that may arise from reliance on any such guidance given.
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by Loome Ltd and Loome Ltd should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage you to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Loome Ltd will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
All business between you and Loome Ltd is subject to these Terms and Conditions.
These Terms and Conditions do not affect your statutory consumer rights except that, by agreeing to these terms and conditions, you are agreeing that the fabrics delivered to you are personalised goods and, as such, excluded from the return of goods provisions in the Distance Selling Regulations (The Consumer Protection Distance Selling Regulations 2000) and that statutory right under those regulations to return goods does not apply to any cut lengths of fabric bought through this site.
Any orders accepted or promises made for delivery are conditional upon our being able to secure the necessary goods and access the necessary delivery services. We accept no responsibility for delays arising through the actions of third parties, unforeseen circumstances or causes beyond our control.
Payment and Contract
We accept payment by credit and debit card via our online payment system or by cheque. We do not take credit card payments over the phone or accept payment by cash.
In the case of payment by cheque the order cannot be processed until the cheque has fully cleared in our bank account.
Upon receipt of your payment we will send you, via email, a confirmation of your order. Please note that this merely indicates that we have received your order and does not indicate that a contract exists between us at that stage.
We will indicate acceptance of your order, and hence a contract between us, by sending you an email to that effect. In the unlikely event that we are unable to accept your order we will email you to indicate that we have not accepted the order, and we will return any money sent to us to the account or card from which it came. This return of funds will be carried out as soon as possible.
Our prices are subject to change. Customers located outside the EU ordering products from this website are responsible for any local taxes and/or duties incurred when importing our products.
Retention and Reversion of Title
Title in any product ordered from Loome Ltd vests in Loome Ltd until payment has cleared into our bank account and the product has been delivered. If at any point that payment is rescinded, voided, clawed back or in any other way deemed to be invalid, title in the product or products reverts to Loome Ltd.
We endeavour to ship both small and large samples the same day as the order is received. Samples are free of charge but subject to a small postage and packaging fee to cover our costs. Unless specifically stated, their is no guarantee that the sample sent is an exact colour match to the fabric supplied using the same name and product number. If an exact match is required you must phone us and request a stock cutting.
Delivery of Orders
No goods can be released until the payment has fully cleared in our bank account. Time is not of the essence in any contract agreed under these terms and conditions although we aim to deliver all orders within 10 working days, and will normally deliver within 6 working days.
We take all reasonable steps to advise customers of any known or potential delay as soon as possible after an order is placed. If at the point of receiving your order we believe that your order cannot be completed within 10 working days we will contact you and, if you wish, refund the payment, unless prior to the order a delay in delivery has been already specified by us either by information on the website or by email or telephone communication to you. (Please note that some special order Fire Retardant treated fabrics do have a longer lead time).
Once your fabric order has been despatched we will send you a further email confirming this and giving details of the carrier and any tracking number or other delivery details.
In order to prevent fraud we reserve the right to only deliver to the address to which your credit or debit card is registered.
We will not be liable for any direct or indirect loss of profits or any other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the control of Loome Ltd or delay due to any reasonable rescheduling of delivery. In the event that any fabric ordered is lost or damaged by a courier or carrier that we use to ship it to you then we will not be liable for any direct or indirect loss of profits or any other financial loss, but will be liable to replace the lost or damaged fabric as soon as we practically can or, at our discretion, refund your purchase price and any delivery costs paid by you.
Please inform us at point of order if there are any special considerations to take into account when delivering the fabric - eg. if an address is particularly difficult to find, if vehicular access is tricky, or if using GPS may be misleading.
We are very happy to ship worldwide. Please contact us to check delivery rates to your country. We advise customers that we cannot be responsible for any additional costs arising from local import taxes.
All risk in the fabrics ordered shall remain with us until someone at the delivery address has signed for delivery. At that point all risk in the fabric ordered passes to you.
Colour ‘trueness’ of the photographs on this website depends upon a range of factors, some of which are difficult to control. In particular the colours will vary according to the exact environment and lighting conditions in which the images were taken, and the quality of your computer monitor. For this reason we cannot guarantee that the samples or products will be an exact match for the colours you see. For this reason we strongly recommend using our free sample service so that you can check the colour before ordering any substantial length of fabric. Even then, because slight variations can occur in manufacturing processes, we cannot guarantee that the fabric shipped will be an exact colour match to the original sample (unless we have agreed this with you in writing prior to the order).
Please note that due to slight variations in manufacturing processes, and raw materials, colours can vary between fabric batches and, for this reason, we can only guarantee colour consistency within one order of one single fabric. We cannot guarantee colour consistency between separate orders or between fabrics. Therefore, if you think that you may need an exact colour match for a future order, it may be best to order the extra fabric at the outset and store it yourself.
Some fabrics, even if designated by us as washable, can shrink by up to 5% during washing and this should be taken into consideration when ordering. Those fabrics that are specified to be washable can only be washed at 30 degrees centigrade and should not be tumble dried or exposed to any direct heat source. If you wish to reduce the risk of shrinkage we recommend that you dry clean sofa covers, or other items made from our fabrics, even where they are made from fabric that we have specified as washable.
Fading and discolouration.
We cannot accept responsibility for fading or discolouration due to exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways but will usually affect fabric colour to some degree. Where an item of furniture has to be placed in direct daylight we recommend moving its position and if possible swopping cushions around over time to even out any fading.
We cannot accept any responsibility for fading or discolouration due to exposure or contact with any chemicals sprayed nearby or applied directly (including stain repellent and fire retardant treatments that we have not applied).
Fabrics will also fade to some extent due to washing (even washable fabrics) so we recommend washing related items together to avoid colour variations appearing over time.
Fabric Quality and Flaws
Most fabric contains some slight variations in the weave, and the presence of variation does not, in itself, indicate a fault. Certain fabrics (cottons and linens in particular) by their nature contain more variation than others.
Loome Ltd takes all reasonable steps to minimise the number of flaws present in the fabric that we sell. We inspect all orders and do not send out any fabric order which contains an unacceptable number of flaws. Where we feel that it is applicable we will compensate for any flaws by including an extra length of fabric in the order free of charge. Subject to this, we cannot accept returns for reasons relating to the presence of flaws.
Upon receipt of the order it is your responsibility to check the fabric to see that it is undamaged and as described on the website including fabric type, colour and pattern. We cannot refund or accept a return on any length fabric which has been cut or used in any way.
We inspect every order before it leaves us, so the chances of incorrect, damaged or faulty fabric is very small. If, however, entirely the wrong fabric has been sent out, or it is received in damaged or faulty condition then we will ask you to return it to us and we will either refund your payment in full or replace it with another length of the same fabric at our choice. In either case we will liaise with you to arrange return of the fabric by our chosen courier at our cost.
Returns Policy and The Distance Selling Regulations
Due to the nature of our business each cut length of fabric is a custom-produced item. For this reason we cannot accept returns on the basis that you either do not like the product or you deem it unsuitable for your use. Please note that agreeing to these terms and conditions you are agreeing that the fabric that you are ordering constitutes "personalised goods" and, as such, is excluded from the 7 day return guarantee of the Distance Selling Regulations. We therefore strongly urge you to request a sample before placing you fabric order.
All requests for returns for damaged or incorrect fabric must be made within 7 days of receipt by you of the fabric.
Any fabric which is returned to us for a refund must be sent back in the same condition as received by you.
All returns must be approved by us in writing or by email before the fabric is sent back. No claims whatsoever can be entertained or returns or exchanges made once the material has been cut, creased, marked or treated in any way. Please, therefore, always fully inspect fabric on its arrival and also prior to using it.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
- interruption of business;
- access delays or access interruptions to the website;
- data non-delivery, mis-delivery, corruption, destruction or other modification;
- loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website;
- computer viruses, system failure or malfunction which may occur in connection with your use of our website, including during hyperlink to or from third party websites;
- any inaccuracies, omissions or misleading, false or deceptive statement in the content of our website; or
- events beyond our reasonable control.
Furthermore, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the website regardless of the form of action whether in contract, tort (including negligence). In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00).
Please note we do not accept any liability for or duty to compensate for any labour service costs involved in the use or make-up of our fabrics, or any other consequential loss, even in the case of faulty or damaged fabric, or fabric which is the wrong colour or does not match a previously supplied sample.
Loome Ltd, 14 Balmoral Drive, Holmes Chapel, Cheshire, CW4 7HY , 01477 270828
In the first instance please give us a ring on 01477 270828 or contact Loome via email.
Data Protection and Privacy
We are absolutely committed to protecting your privacy. We abide by the code of practice covering the use of personal data as outlined in the Data Protection Act 1998. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998. We collect information about you for two reasons: to process your order and to provide you with the best possible service.
The type of information we will collect about you is as follows: your name and address, phone number, email address, credit/debit card details.
We will never pass on your email address to anyone else. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
Copyright and Trademarks
Neither the content, the trademarks, the design, the images nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
All designs and content on this website, including, but not limited to pictorial images, metacoding, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, and software, and the compilation thereof is the property of Loome Ltd and is protected by UK and international copyright laws. Action will be taken against anyone carrying out an infringement of that copyright.
Please note that all our images have traceable code inserted into them and any unauthorised use by any other person will be easily identifiable and will result in legal action.