Terms and 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.
Eligibility and Registration
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 [email protected]. 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:
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: [email protected]
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.
- 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;
- 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;
- 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”);
- 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;
- 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;
- 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;
- 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;
- 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;
- using the Website or content on the Website for any commercial solicitation purposes;
- accessing any content on the Website through any technology or means other than those provided or authorized by the Website;
- submitting to the Website or to Fabricana any information that may be protected from disclosure by applicable law;
- 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;
- violating any applicable law, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
- removing, modifying or obscuring any copyright, trademark or other proprietary rights notices contained in or on the Website; or
- 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.
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:
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.
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.
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.
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
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.
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.
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
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
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.
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.
Questions and Complaints
Support is available by contacting Fabricana at [email protected] to receive feedback and to support you with any issues with the Terms, Website, or our Products.
Last updated: October 7th, 2020