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Terms & Conditions
USE OF THE WEBSITE
Access
We will provide you with access to the Website and sell you Goods and Services in accordance with these Conditions.
Your Obligations
You
agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
will not attempt any unauthorised access to any part or component of the Website; and,
agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us.
Indemnity
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Internet account.
Our Rights
We reserve the right to:
modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, Goods or Services available on such external sites or resources.
Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
PURCHASE OF GOODS/SERVICES
Orders
All orders are subject to acceptance and availability. If the Good you have ordered is not available from stock you will be contacted by e-mail (if you have given us details) and you will have the option either to wait until the item is available from stock or to cancel your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, we reserve the right to change prices without prior notice to you.
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 are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
You warrant that the User Information which you are required to provide when you make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
Offers to Purchase and Description of Goods/Services
Each Good or Service purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
Any order made by you will be treated as an offer to purchase Goods or Services from us. The contract between you and us will only be completed when we dispatch the Good to you or commence the provision of the Services, as the case may be, or when we debit your credit or debit card, whichever is the earlier. The sale contract is therefore completed in North Hollywood, California. We reserve the right to reject any offer to purchase made by you at any time.
Payment
Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your Good or provision of the Service to you.
You confirm that the credit/debit card that is being used is yours.
All credit/debit card holders are subject to validation checks and authorization by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
Eligibility to Purchase
The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website under English law and who are resident or incorporated in the United States. This means that if you are an individual, you must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services you represent to us that you are 18 years of age or older. To register, you must provide your real name, phone number, e-mail address, and other requested information.
The Website is available only to individuals and companies or partnerships who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorized us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.
By making an offer to buy any Good or Services, you specifically authorize us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit-card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
GENERAL
Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Notices
You may send us notices under or in connection with these Conditions:
As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us which will be sent within 3 working days of our receipt and should be retained by you.
Limitation of Liability
While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under California law.
The information provided to you in connection with the Goods and Services is provided by the suppliers of such Goods and you acknowledge that we do not verify the accuracy of such information. We therefore exclude all liability of any kind (including for defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to you.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
We will not be liable for any loss which was not brought to the attention of The Watch Shop at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by The Watch Shop;
in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. You confirm that you have read these conditions and, you fully understand them and you also agree that these conditions are the only terms (together with your network provider agreement ) that rule your relationship with us.
Law
The Conditions shall be governed by and construed in accordance with the laws of United States and you irrevocably submit to the exclusive jurisdiction of the courts of California.
The personal information you provide by submitting this form will be collected by A Thousand Fibers. who may (i) pass your details to any associated company and certain third parties to assist them in analyzing use of the Website and enabling them to contact you about Goods or Services which may be of interest to you and (ii) use it in accordance with our privacy policy.
Handling Complaints
There may well be occasions when you are unhappy with the service that has been provided to you by A Thousand Fibers. In these cases, A Thousand Fibers endeavors to be fair and efficient in handling any complaint you should have and that your complaint will be processed confidentially.
If you have a complaint, please send us a letter to this address:
Email is the most preferred method of getting in touch with us. Please contact Catherine Forester.
By E-mail:
General Enquires: customerservice@athousandfibers.com
By U.S. Mail:
A Thousand Fibers, 10061 Riverside Dr. #585, Toluca Lake, CA, 91602-2560
By Phone:
818 859-4897 or 877-774-2001 (between 9 a.m. and 5 p.m. PST)
We Endeavour to give you an answer within 5 working days and will provide you with a likely timescale for resolving the dispute. We will keep you informed about the progress of your complaint.
We undertake to check our system regularly for handling complaints and we welcome any suggestion you may have in relation to how this system may be improved.
Guarantees.
No matter how good the manufacturer, all products can develop faults. In the unlikely event that this occurs A Thousand Fibers will replace the item free of charge if the product is returned within 30 days of purchase complete with receipt or other proof of purchase. The return of faulty goods including postage or delivery fees remain the responsibility of the customer. Faulty goods which are deemed to be the product of neglect or miss use will not be replaced.
Delivery
A Thousand Fibers aim to dispatch all orders on the day of purchase, however we are unable to specify an exact time or day for delivery of your order. All goods are dispatched via UPS, FedEx, USPS recorded delivery at no extra charge. If there is no one available to accept the delivery at the specified address, the package will be returned to UPS, FedEx, USPS depot and you will be left a card with details to organize redelivery or collection of the package.
The delivery of your order can be subject to delay if any unforseen stock shortages occur. If this affects your order, you will be notified by email or telephone by our support team.
Delivery of all orders can be subject to delay (usually one working day) if we are unable to get immediate clearance for payment of the order. We place the security of our customers paramount, therefore these checks are essential to combat fraudulent use of payment and address details.
You may track the status of your order at any time by checking your account
Site security
A Thousand Fibers uses PayPal® SSL secure payment system for validating credit card information. When you connect to our secure check-out server your personal details and credit card information may be retained by PayPal® for future use.
A Thousand Fibers has an anti-spamming policy, therefore your personal details are not made available to third parties.
Acceptance of your Order
All orders placed through the site are subject to acceptance. While we will of course make every attempt to accept your order, there are a number of reasons out of our control, that may cause your order to be rejected.
A Thousand Fibers uses PayPal® payment gateway to process credit and debit card payments. If this is declined we cannot proceed with the order. Payment via PayPal will only be accepted by confirmed PayPal customers.
You must have sufficient funds on your credit/debit card. If your order is rejected because there are not, you will need to give us details for another card before we can proceed with the order.
Your card and card billing details must match those you tell us when ordering, as these are checked and if they differ, your order will be rejected. If this is the case, your records will be marked to prevent acceptance of future orders, so it is vital that you ensure the card details you give us are correct.
Thank you.
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