TERMS & CONDITIONS

TERMS & CONDITIONS

Thank you for visiting Fabricana.

The following Terms and Conditions of Use (the “Terms”) constitute an agreement between you (collectively, “User”, “you” or “your”) and Fabricana Imports Ltd  (“Fabricana”, “we”, “our”, or “us”).  These Terms govern your use of and access to our web pages that begin with https://www.fabricana.com (the “Website”) and all products and services made available through the Website (the “Product” or “Products”).

You should carefully review these Terms and, if you do not agree with them, you are not permitted to access or use the Website and you should exit the Website.

By accessing the Website or Product, creating an Account (as defined below), or submitting information to us, you accept these Terms.  If you do not accept these Terms then you must not submit information to or register an Account with us, access the Website, or purchase or use any of the Products.

Supplemental terms may apply to certain Products, and such supplemental terms will be disclosed to you in connection with the applicable Products.  Supplemental terms shall prevail over these Terms in the event of a conflict.

In order to agree to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence.  If you are under the age of majority in your jurisdiction of residence, you must have your parent or legal guardian’s consent to agree to these Terms and set up an Account, and you may only access and use the Website with permission from your parent or legal guardian.  It is a breach of these Terms to register for an Account without the consent of your parent or legal guardian if you are under the age of majority in your jurisdiction of residence.  If you are a parent or legal guardian, you must monitor and supervise the use of the Website by your children or minors under your care.  You agree to be responsible for their use of the Website, including payment for Products purchased through the Website by your child or a minor under your care.

PRIVACY

Please take some time to review our Privacy Policy, to understand our practices. The Privacy Policy, as it may change from time to time, is a part of these Terms and by agreeing to them, you acknowledge that you have read and understood our Privacy Policy, and that you agree with it.

By accessing or using the Website or otherwise accepting or agreeing to these Terms, you consent to the collection, use and disclosure of your personal information by Fabricana as set out in the Privacy Policy, which may be amended from time to time and which is incorporated into this Terms. The Privacy Policy sets out the types of personal information that we collect through your use of the Website, and the purposes for such collection, use and disclosure.
You consent to receive electronic communications from Fabricana by e-mail or by communications posted on or notifications through the Website. You acknowledge and agree that any electronic communication shall satisfy any legal requirement that such communication or notification be in writing. Please see our Privacy Policy for information on how to unsubscribe from certain promotional and marketing electronic communications from Fabricana.

USER ACCOUNTS
Eligibility and Registration

Access to and use of certain portions of the Website and/or services is available only to Users who have a registered an account (the “Account”) through the Website and who have agreed to be bound by these Terms of Use. If you do not have a valid registered Account, you may not be authorized to use or access certain portions of the Website and/or services. Fabricana retains the sole discretion to approve applications for registration.

When you register for or update your Account or access the Website, you may be required to provide us with certain personal information, which may include your name, e-mail address, and mailing address. This information will be retained and used by Fabricana in accordance with its Privacy Policy. You agree that all information provided by you to Fabricana via your Account will be accurate and complete and you are responsible for updating it in your Account.

Login Information and Passwords

When registering for or updating an Account, you will create a username. Your username may be publicly visible in certain areas of the Website, such as on our blogs and in reviews of products (if you comment or leave a review). For this reason, you should avoid choosing a username that could compromise the security of any of your personal information. Fabricana reserves the right to reject and/or remove any username and to require you to choose a different username at any time, for any reason, including but not limited to a third party claim that the username violates its rights. You agree that you will not select or use a username that is the name of, or makes reference to, another person or entity for the purposes of impersonating that person or entity or for falsely creating the appearance that you are associated with the person or entity. You also agree that you will not select or use a username: (a) in which another person or entity has legal rights unless you have that person or entity’s express permission to do so; or (b) that a reasonable person would consider to be offensive.

You are responsible for protecting the confidentiality of your username and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account or login information or to allow any other person to access to your Account (with the exception of Users who are under the age of majority, whose (parent or legal guardian may access their Account). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your password(s), or any other security breach involving your Account or the Website at privacy@fabricana.ca. We are not responsible for any unauthorized access of your Account or passwords even if you have advised us as such. You are responsible for all activities that occur under your Account, whether or not such activities have been authorized by you.

Accessing Your Account

Each time that you log into and access an Account, you represent and warrant that:

  1. you are the person who registered for the Account;
  2. all of the personal information registered in connection with the Account is current, complete and accurate;
  3. you are accessing the Website solely for lawful purposes and in strict compliance with these Terms; and
  4. you are not accessing the Website for any illegal purpose or to advertise, solicit or communicate with other Users for any commercial purpose.
NO EXPORTING

You agree and represent to us that you are not buying Product for export outside Canada, unless you are located in the United States and shipping directly to the United States, in which case you agree and represent to us that you are not buying Product for export outside of the United States.

UPDATES AND CHANGES

We reserve the right, acting in our sole discretion and at any time, to change both the Website and these Terms. We will give you notice of such revisions by posting the revisions to the Website. Changes are effective immediately upon posting.

It is your responsibility to check our Website periodically for changes and to ensure that you are aware of the current Terms when you access or use the Website and/or Products. Your continued use of our Website or Products after the Terms are changed constitutes your agreement to the changes that were made.

CONTENT OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
Compliance with Laws

Your access to and use of the Website and Products is subject to all applicable federal, provincial, and local laws and regulations. You agree to comply with all applicable laws in relation to your access to and use of the Website and Products.

Fabricana may collect data which is associated with your computer and/or mobile device and which includes, but is not limited to: your IP address, web browser type, DNS node, and operating system, the sections of the Website that you visit, the date and time of your use of the Website, your actions within the Website, Website crashes and other system activity, the websites or search terms that referred you to the Website, methods used to browse away from the Website and certain content that you download from the Website (“Usage Data”). You agree that your Usage Data will be owned by Fabricana without providing additional compensation to you or any other person and without any liability whatsoever.

Fabricana’s Ownership, Licensing and Use of Information Provided by Users for Marketing and Promotional Purposes

You grant Fabricana a perpetual, unrestricted, unlimited, non-exclusive, irrevocable license to fully exploit all information, data, text, graphics, photographs, videos or other materials that you generate in connection with your use of the Website (“User Generated Content” or “UGC”), including Feedback (defined below), without notice or compensation to you of any kind. You hereby waive all moral rights in your UGC in favour of Fabricana and its successors and assigns. The license granted to Fabricana and the above waiver of moral rights will survive any termination of these Terms. You agree that the UGC is the property of Fabricana.

If you provide Fabricana with UGC (e.g. comments and reviews about a Product, you grant permission to Fabricana, to use that UGC for the purposes of reproduction, use, exhibit, display, broadcast and distribution worldwide in any media (not limited to television, the Internet and social media) now known or later developed for promoting, marketing, publicizing or explaining Fabricana and its activities. You consent to your name and/or username and any other information provided by you to Fabricana being displayed in connection with the UGC.

Fabricana is under no obligation to review any material whatsoever including but not limited to messages, information, photographs, or other User Generated Content posted in any public or private area within the Website by you or any other Users, and Fabricana assumes no responsibility or liability relating to any such User Generated Content. Notwithstanding the above, Fabricana may from time to time monitor the User Generated Content. This includes, but is not limited to, filtering of chats, comments, reviews, photographs, messages and other User Generated Content. Fabricana also reserves the right (but is not obligated to) remove or edit UGC.

If you provide Fabricana with any UGC that contains personal information about another person, you represent and warrant to Fabricana that you have obtained all necessary consent to collect, use and disclose that personal information to Fabricana.

Comments, Suggestions and Feedback

Our Website allows Users to post reviews, make submissions and comments regarding Products, projects and information contained on this Website. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to other content.

You agree that any and all comments, creative ideas, notes, drawings, photographs, suggestions, feedback or other information that you may provide to Fabricana, whether solicited or unsolicited, as a User or otherwise (“Feedback”), is the property of Fabricana, including all intellectual property rights therein, without providing any compensation to you or any other person and without any liability whatsoever. You hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to Fabricana and irrevocably waive all moral rights you may have therein.

You may submit Feedback by emailing us at: privacy@fabricana.ca.

Trademarks, Logos and Branding

The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Website, including but not limited to “Fabricana”, are the property of Fabricana, and our other partners or service providers where named. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of Fabricana or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All content available on or through the Website is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content for commercial purposes.

All content available on or through our Website is protected by intellectual property laws. Without limiting the generality of the foregoing, the content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion, and all other matters related to our Website, including without limitation, the “look and feel” of our Website, are protected under applicable intellectual property laws. All software used on this Website is the property of Fabricana or its software suppliers and is protected by intellectual property laws.

Violation of Third Party Rights

You represent and warrant that all content of any kind that is uploaded to or transmitted through the Website will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trade-mark, trade dress, patent, privacy, publicity, confidentiality or other personal or proprietary rights of any such third parties. Fabricana may terminate the privileges of any User who utilizes the Website to unlawfully publish, transmit, link or otherwise provide access to copyrighted material without a valid license, the express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the User shall have the burden of establishing the same to the satisfaction of Fabricana, acting in its sole discretion.

UNACCEPTABLE USE

You must not use the Website, or assist or encourage any other party, to engage in, amongst other things, any of the following prohibited activities in relation to the Website:

  1. copying, framing or mirroring any part of the Website, including any content, form, project, pattern, design, written instruction, image, photograph, text or document accessible at our Website;
  2. using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Website or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Fabricana;
  3. publishing, transmitting, distributing or storing content, material, information or data that: (i) is illegal, obscene, defamatory, pornographic, threatening, harassing, abusive, or hateful or that advocates violence; (ii) is harmful to or interferes with the Website or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (iii) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (iv) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
  4. attempting to disrupt, degrade, impair or violate the integrity or security of the Website or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Fabricana internet protocol space;
  5. distributing, or disclosing any part of the Website, or content on the Website in any medium, including without limitation by any automated “scraping”, other than through any technology or means provided or authorized by the Website;
  6. using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to Fabricana than a human can reasonably produce in the same period of time by using a conventional web browser;
  7. taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as determined by Fabricana in its sole and absolute discretion;
  8. collecting or harvesting any information relating to an identifiable individual, including account names and information about Users of the Website or Fabricana employees, or content, from the Website;
  9. using the Website or content on the Website for any commercial solicitation purposes;
  10. accessing any content on the Website through any technology or means other than those provided or authorized by the Website;
  11. submitting to the Website or to Fabricana any information that may be protected from disclosure by applicable law;
  12. bypassing the measures we may use to prevent or restrict access to the Website, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein;
  13. violating any applicable law, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
  14. removing, modifying or obscuring any copyright, trademark or other proprietary rights notices contained in or on the Website; or
  15. executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between Fabricana’s servers or any data not intended for you.

Users can report any conduct or content that they believe is unacceptable use to Fabricana at privacy@fabricana.ca

ERRORS, PRODUCT AVAILABILITY AND PRICES

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping time and availability.  We reserve the right to correct any errors or omissions, and to update information at any time without prior notice.  Corrections or updates may occur after you have submitted an order from our Website.  In that event, we will attempt to contact you with the correct information before processing your order.  If we are unable to contact you with the correct information, then you may return the item according to our return policy.  If an item is listed on our Website at an incorrect price or with incorrect information, then at our sole discretion we reserve the right: (1) to refuse orders for that item, (2) to contact you for instructions, or (3) cancel your order and notify you of the cancellation.  We reserve the right to limit quantities, even after you have submitted an order from our Website.  We apologize for any inconvenience that this may cause you.

Prices and selection on our Website may vary from the prices and selection instore.  Customers of Fabricana may also see different prices and selections from other sales channels.  We will have no liability for any price difference or differences in selection.

Your order is subject to cancellation by us, at our sole discretion.

COLOUR ACCURACY

Although Fabricana takes every step necessary to ensure the accuracy of the colours depicted online, the colours are not guaranteed. Due to colour variability in computer and screen monitors, we have no liability if colours of the Product do not match their display on our Website.

PRODUCTS OR SERVICES

Product description and information are entered based on the best available data at the time. Information that is depicted is to assist the user in searching, filtering and locating the correct product. However, we make no claims, representations or warranties, whether expressed or implied as to the safety, reliability, accuracy or performance of any of the products listed.

Certain products or services may be available exclusively online through our Website. These products or services may have limited quantities and are subject to our Return Policy.

We reserve the right to change and discontinue Product at any time without notice, and this may affect information saved in any sales through an online cart.

DISCLAIMERS

Fabricana is not responsible for the conduct of any User of the Website. By using the Website, you agree to accept such risks and agree that Fabricana is not responsible for the acts or omissions of Users on the Website.

You should be careful about what information you choose to share with other Users (e.g. through the comment and review section of the Website). Fabricana is not responsible for the use of any personal information that you disclose to other Users on the Website.

Fabricana is not responsible for any charges, including data overage fees, that may be charged by your mobile device service provider as a result of your use of the Website. You are responsible for monitoring your own data consumption, and any charges incurred by you as a result. You should check with your mobile device carrier to understand what data and messaging rates will apply when you access and use the Website through your mobile device.

Craft-making, scrapbooking, sewing, quilting, knitting, and the other activities included in our Website are highly individualized pursuits, with project results varying widely, depending upon the type of supplies used and the skill level and creative ability of the maker. We do not guarantee the results of any pattern, instruction, design or project presented on our Website, and we disclaim all liability for unsatisfactory results.

NO WARRANTIES

NOTWITHSTANDING THE PRODUCT WARRANTIES OFFERED BY PRODUCT MANUFACTURERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE WEBSITE, PRODUCTS AND ALL CONTENT ON THE WEBSITE INCLUDING LINKED SITES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, SUITABILITY OR ACCURACY. FABRICANA DOES NOT WARRANT THAT THE WEBSITE, PRODUCTS, OR CONTENT ARE SUITABLE FOR OR WILL MEET YOUR REQUIREMENTS, ARE FREE OF DEFECTS, THAT THE OPERATION OF THE WEBSITE WILL BE FREE FROM INTERRUPTION OR ERROR-FREE, AND FABRICANA DOES NOT WARRANT THAT ERRORS OR DEFECTS IN THE WEBSITE OR CONTENT WILL BE CORRECTED. FURTHER, FABRICANA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED SITE, INCLUDING ANY THIRD-PARTY ACTIVITIES, AND FABRICANA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED SITE OR OTHERWISE.

LIMITATION OF LIABILITY
Limitation of Liability for the Use of the Website and Products

YOU AGREE THAT FABRICANA, ITS AFFILIATES AND SUBSIDIARIES AND ANY OF THEIR RESPECTIVE OFFICES, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS WILL NOT BE LIABLE, WHETHER UNDER STATUTE OR IN CONTACT, TORT, STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY (INCLUDING PARALYSIS), PERSONAL PROPERTY DAMAGE, BREACH OF PRIVACY, LOSS, ACCIDENT OR DEATH OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, THE REPLACEMENT COST OF PERSONAL PROPERTY, THE COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, REPUTATIONAL LOSS OR DATA CORRUPTION OR DATA LOSS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, PRODUCT, SERVICES, CONTENT OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE WEBSITE, PRODUCT, SERVICES, CONTENT OR A LINKED SITE, HOWSOEVER ARISING INCLUDING NEGLIGENCE, EVEN IF FABRICANA IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT, DEATH OR DAMAGES.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS APP WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE WEBSITE AND/OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR APP, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS OR UNAUTHORIZED DISCLOSURE OF PERSONAL INFORMATION OR DATA, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. FABRICANA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE WEBSITE OR PRODUCTS.

Cap on Liability

APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF FABRICANA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE WEBSITE AND/OR PRODUCTS EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO FABRICANA (EXCEPT AS NOTED IN THE ARBITRATION SECTION IN THESE TERMS).

INDEMNITY

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FABRICANA AND ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS, LIABILITIES, ACTIONS AND CAUSES OF ACTION BROUGHT AGAINST AND ALL COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OR MISUSE OF THE WEBSITE, PRODUCTS, SERVICES, CONTENT, ANY LINKED SITES OR THIRD PARTY ACTIVITIES; (II) YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS OF USE; (III) YOUR VIOLATION OR ALLEGED VIOLATION OF ANY APPLICABLE LAW; (IV) YOUR NEGLIGENCE OR WILFUL MISCONDUCT; (V) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS; AND (VI) ANY OTHER ACTIVITIES IN CONNECTION WITH THE PRODUCTS.

WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.

OTHER WEBSITES

Certain content, products and services available via our Website may include materials from third parties.

The Website contains links to websites, products and other resources operated by third parties other than Fabricana (“Linked Sites”). These links are provided for your convenience, and we do not endorse such third-party websites or their contents. Fabricana does not control such Linked Sites and is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. The inclusion of links to the Linked Sites on the Website does not imply any endorsement or any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any Linked Sites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

GIFT CARDS

Gift Cards are issued in Canadian dollars. The Gift Card can be used only for purchase of Products or services at any Fabricana store or online at fabricana.com. Purchases made using Gift Cards will be charged applicable taxes. Gift Cards cannot be returned or exchanged for cash unless required under applicable law. Gift Cards are not replaceable if lost, stolen or damaged.

RETURN POLICY

All sales from our Website are subject to our return policy. Please visit our return policy for more details.

VIOLATIONS OF THESE TERMS AND TERMINATION

Fabricana may monitor, terminate or suspend your Account and access to the Website or our Products at any time.

You acknowledge and agree that Fabricana may, acting in its sole discretion and without prior notice to you, terminate or suspend your ability to access each or all of the Website or any portions thereof, and cancel your Account for any reason including, without limitation: (i) if you violate or otherwise fail to strictly comply with any term or provision of these Terms; (ii) if we have determined that your use has created or potentially created risk or legal exposure for Fabricana; or (iii) in response to requests by law enforcement or any other government agencies. In addition to the foregoing, Fabricana reserves the right to pursue all remedies available at law and in equity for violations of these Terms. You acknowledge and agree that monetary damages may not be an adequate remedy for any violation of these Terms by you and, without limiting any of Fabricana’s other remedies, you hereby consent to, and authorize Fabricana to obtain, an injunction or other equitable relief from any court of competent jurisdiction without the necessity of having to post any bond or other form of security.

These Terms, as amended from time to time by Fabricana, shall remain effective until terminated by you or Fabricana. Upon termination of these Terms for any reason, you must cease your use of your Account, cease accessing the Website, services and content, and promptly delete, purge and destroy all electronic and other copies of any content.

GENERAL
Relationship

The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way. No agency, partnership, joint venture, or employment is created as a result of these Terms, your use of our Website, or your purchase of Product.

Jurisdiction

This Website is operated from and Fabricana is located in the Province of British Columbia, Canada. By electing to access the Website from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Website is in compliance with all laws applicable within that other jurisdiction. Fabricana makes no representation that materials and Products available on or through the Website are appropriate or available for use in jurisdictions outside of Canada. You are not permitted to access the Website from any jurisdiction in which the content is illegal or accessing the Website is illegal. You may not use, export or re-export any materials, including any content, from the Website in violation of any applicable laws or regulations.

Waiver and Severability

The failure of us to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void by a court of competent jurisdiction, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in anyway the remainder of such provision or any other provision of the Terms.

Notices

Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms and/or any policy referred to herein, will be in writing and given by Fabricana (i) via email (in each case to the email address provided by you for your Account) or (ii) by posting to Website. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted.

Governing Law and Jurisdiction

These Terms and your legal relationship with Fabricana shall be governed by and construed in accordance with the laws of the Province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. You and Fabricana agree to submit to the exclusive jurisdiction of the courts of British Columbia situated in the city of Vancouver.

These Terms shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. The controlling language of these Terms of Use is English.

Assignment

You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Fabricana, which consent may be withheld in Fabricana’s sole discretion, and any attempted assignment in violation of the foregoing is void. Fabricana may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Website and/or the business and undertaking of Fabricana.

Enurement

These Terms shall ensure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.

Force Majeure

Fabricana will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of events beyond the reasonable control of Fabricana, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyberattacks, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.

Entire Agreement

These Terms, together with the Privacy Policy and any supplemental terms and conditions referred to herein, constitute the entire and only agreement between Fabricana and you regarding the subject matter hereof and supersede and replace any and all prior oral or written understandings, representations, warranties, or agreements between you and Fabricana regarding the Website, your purchase of a Product, and/or any services offered by Fabricana.

Survival

The provisions of these Terms which require or contemplate performance after the expiration or termination of these Terms shall remain enforceable notwithstanding such expiration or termination.

Questions and Complaints

Support is available by contacting Fabricana at privacy@fabricana.ca to receive feedback and to support you with any issues with the Terms, Website, or our Products.

Last updated: October 7, 2020