Terms & Conditions of Use for sasfabricscalifornia.com
Thank you for visiting sasfabricscalifornia.com. We hope you find on our website some unique fabrics and other products that you can use for your projects.
Our website SASfabricscalifornia.com and our other social media means (the Site) are provided as a service to you, our customers. The Site is owned by SAS Fabrics, Inc. (SAS Fabrics). Please review the following Terms and Conditions of Use (the "Terms") before using SASfabricscalifornia.com and before purchasing products or services (the "Product"), or obtaining content from our website.
1. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of these Terms. By agreeing to these Terms, you acknowledge that you have read and understood our Privacy Policy, and that you agree with it.
2. Agreement to Terms and Conditions of Use
These Terms apply to your use of our website such as to order Product sold on our website, to accept delivery of Product from our website, to access information on our website, or to provide us with your information through our website or any other social media or by any other means. By using our website, you acknowledge that you have read, understood, and agreed to these Terms, the only legally binding agreement between SAS Fabrics and you. You cannot use our website and at the same time object to these Terms.
3. Legal age of Adulthood
Any user of our Site represents to us that he or she has reached the legal age of adulthood in the state or territory in which they reside. Under no circumstances may anyone under age 13 use our Site. If you use our Site and you are between ages 13 and the legal age of adulthood, then your parent or legal guardian represents to us that he or she consents to these Terms on your behalf, and that he or she consents to your use of our Site. A parent or legal guardian of a child between ages 13 and the legal age of adulthood is solely responsible for their child’s use of this Site, including all financial charges. No one under the legal age of adulthood is authorized to submit or post on our Site any information, including personally identifying information. We are not liable to any damages that may result from a user’s misrepresentation of age.
3. Dispute Resolution
Any dispute or claim arising out of or relating in any way to these Terms, your visit to the website, any purchase, or any other transaction with SAS Fabrics must be governed by the laws of the United States of America and resolved through binding arbitration and not in court. Federal Arbitration Act and federal arbitration laws apply to this agreement. Any party who intends to seek arbitration must first try in good faith to resolve such dispute or claim by providing to the other side a written notice describing the facts and circumstances of such dispute or claim, providing supporting documentation, and the specific relief sought. Your notice to us must be mailed via registered mail to SAS Fabrics, 13500 Hawthorne Boulevard, Hawthorne, CA 90250. Our notice to you is to be mailed to your last-used billing address or the billing or shipping address in your online profile. If we are unable to reach settlement within 60 days, then, upon notice to the other party or parties, any party may begin arbitration.
You and SAS Fabrics agree that any dispute or claim resolution proceedings must be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. Any relief from the dispute must be individualized to you and will not affect anyone else. Any and all claims , judgments, and awards will be limited to actual third party out of pocket costs incurred, but in no event will attorneys’ fees be awarded or recoverable.
This section will survive after the Terms of Use terminate or your use of the Site ends.
5. Changes to the Terms
We reserve the right to change these Terms at any time, without prior notice to any user of our website. Your continued use of our website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed.
Access to our website and the use of information, materials, products or services provided through our website, is not intended, and is prohibited, where such access or use violates applicable laws or regulations.
6. Compliance with Laws
When using SAS Fabrics website and other social media means (the Site), you warrant to SAS Fabrics that you will not use the Site for any purpose that is unlawful or prohibited by this Terms.
The material on our Site is intended only for personal use. No part of any content, form, project, pattern, design, written instruction, image, photograph, text or document accessible at our website may be incorporated into any information retrieval system, whether electronic or mechanical.
When you use our Site, you must not:
1. Use the Site to transmit any content that is unlawful, harmful, threatening, harassing, tortuous, obscene, defamatory, invasive of another’s privacy, or encouraging conduct that would be a criminal violation of any law;
2. Place an undue burden on the software and hardware used with our Site, or modify any part of our Site, or subject our Site to any virus or any other computer programming routines that may destroy, interrupt, or expropriate any system, data or personal information;
3. Directly or Indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails;
4. Seek to obtain personally identifiable information from other users of our Site;
5. Advertise or offer to sell or buy any goods or services for any business purpose;
6. Impersonate any person or entity, or express or imply that we endorse any statement that you make;
We reserve the right, in our sole discretion and judgment, without notice, and without liability of any kind to you, to terminate, change, or suspend your access to our website for any reason and at any time.
7. Availability, Errors, and Inaccuracies
Our website may contain errors or may not be current. We reserve the right to correct any errors and to update information at any time without prior notice to you. 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 we will cancel your order and notify you of the cancelation. We apologize for any inconvenience that this may cause you.
Prices and selection on our Site may vary from the prices and selection in our stores.
We strive to display as accurately as possible the colors of Product shown on our Site. Due to color variability in computer and screen monitors, we have no liability if colors of Product do not match their display on our Site.
We reserve the right to change and discontinue Product at any time without notice to you, and this may affect information saved in any sales through an online cart.
8. Limits of Liability
In the event of any problem with the Site or any of its content, you agree that your sole remedy is to cease using the Site. In the event of any problem with a Product that you purchase or otherwise available on or through the Site, you agree that your sole remedy is limited to a refund of the purchase price of the Product.
9. Gift Cards
When you purchase a gift card, either electronic or physical card, the following terms will apply: This card issued in U.S. dollars. The electronic card can be used only for purchase of merchandise online at SASfabricscalifornia.com. The physical card can be used only for purchase of merchandise at SAS Fabrics store in California. This card is not redeemable for cash and no change will be given, unless required by law. Lost, stolen or damaged cards are replaced only with valid proof of purchase to extent of remaining balance.
10. User Submitted Content
SAS Fabrics welcomes your submittal of reviews, comments, photos, or videos (User Content) to our Site. By submitting User Content to SAS Fabrics, you warrant that you and the owner of the User Content have granted to SAS Fabrics a non-exclusive right and license to use, reproduce, modify, display, distribute, or refuse to post the User Content without compensation or royalty to you or to the owner of the User Content. You also permit any other user of our Site to access or reproduce your User Content for that user’s personal use. You agree that you have no expectation of privacy with regard to any content that you submit. You and the owner of such User Content further irrevocably waive any “moral rights” in the material.
SAS Fabrics is not responsible for and does not endorse any advice, opinion, or information in the User Content submitted to our Site. If you decide to use any information in the User Content including linking to any third party sites, you do so entirely at your own risk.
11. DMCA Notice
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement in compliance with the Digital Millennium Copyright Act, please
provide SAS Fabrics a notification with the written information specified below. Please note that SAS Fabrics will not make any legal decision about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received, SAS Fabrics will respond by taking down the allegedly infringing content. SAS Fabrics will take reasonable steps to notify the user who posted the allegedly infringing content (Alleged Infringer). The Alleged Infringer is allowed under the law to send SAS Fabrics a counter-notification. We may publish or share the above notification and counter-notification (Notifications) with third parties in our sole discretion and to satisfy subpoena or other legal discovery request. Pursuant to federal law, you may be held liable for damages including costs and attorneys’ fees if you make misrepresentations in the Notifications.
To file a DMCA notification, the copyright owner must send in a written letter by certified or registered mail or e-mail to SAS Fabrics at :
SAS Fabrics
13500 Hawthorne Boulevard
Hawthorne, CA 90250
Ordersasfabrics@gmail.com.
The DMCA notification must:
1. Identify specifically the copyrighted works believed to have been infringed.
2. Identify the Content that copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the Item on the Site.
3. Provide us information in order for us to contact the copyright owner including name, address, telephone number, and email address.
4. If available, provide information to permit us to notify the Alleged Infringer
5. Include a statement that the notification writer has a good faith belief that use of the infringing material in the manner complained of is not authorized by the copyright owner, its agents, or the law.
6. Include a statement that the information in the notification is accurate and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Disclaimer of Warranties
SAS Fabrics does not represent or warrant that the Site or its server will be error-free, uninterrupted, or free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements. Our website is operated on an “AS IS”, “AS AVAILABLE” basis, without representations or warranties of any kind. You agree that your use of our Site is at your sole risk. You assume total responsibility for establishing procedures for data back up and virus checking as you consider necessary.
SAS Fabrics does not represent or warrant the title, merchantability, fitness, durability, or performance of any Product for a particular purpose or use. We disclaim all liability for unsatisfactory results when using any pattern, instruction, or design of projects presented on our website.
13. Return Policy
In order to keep our prices discounted and competitive, we cannot accept any returns at this time. We apologize for any inconvenience this may cause you.
14. Miscellaneous
No provision of these Terms and Conditions of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to enforce any provision of these Terms is a waiver of such provision, or of the right to enforce such provision. If any provision of these Terms and Conditions of Use is held invalid, illegal or unenforceable, the remaining provisions will not be invalidated or affected. We will not be responsible to fulfill any obligation due to causes beyond our control.
Effective Date 11/5/2021