Conditions of Use

Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE http://www.fabulousnz.com. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

1. Acceptance of Agreement

1.1 You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright

2.2 The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3. Fraud

3.1 By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by fabulous fabrics in its sole discretion. If membership has been revoked, fabulous fabrics reserves the right to refuse application or readmission to the membership program.

4. Limited Right to Use

4.1 The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

5. Editing, Deleting and Modification

5.1 We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

6. Indemnification

6.1 You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

7. Nontransferable

7.1 Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

8. Disclaimer

8.1. Description of Products

8.1.1. Modifications to Norman Carter Limited's ("the Seller") goods, prices and data are constantly being made

8.1.2. The Seller has endeavored to ensure that the goods descriptions, other information and commentary about products provided on its website are accurate, complete, and current; however:

• the Seller does not provide any representations or warranties as to its accuracy, completeness or currency of information; and
• the Seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

8.1.3. The Seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the Seller.

8.1.4. Illustrations of the packaging or the goods themselves are for illustrative purposes only and may not look exactly identical to the goods to be supplied.

8.1.5. If you require the packaging or goods to be identical to the illustrations then you must make this clear to us in writing at the time of order.

8.1.6. The Seller will not accept any liability for costs or damages incurred as a result of inaccurate product information or advice.

8.1.7. Only the item described will be provided, even if additional items are shown in the images. Additional items are often shown in images to show how the item for sale can be used. Therefore please read the item description thoroughly before deciding to purchase.

8.2. Errors and Omissions

8.2.1. The Seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in:

• * any advertising;
• * quotation;
• * invoice; or
• * acknowledgement.

8.2.2. Due to the Seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer.

8.2.3. The Seller will notify the buyer promptly of any error or omission discovered by the Seller.

8.3. Availability of Goods

8.3.1. The Seller cannot guarantee the availability of goods therefore all orders are subject to the availability of the goods.

8.3.2. The Seller reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all goods or to cancel any order for any reason whatsoever.

8.4. Exclusion

8.4.1. To the maximum extent permitted by law all terms, warranties or representations, whether statutory or otherwise and whether express or implied, oral or written as to the description of the goods and/or Services are hereby excluded.

8.4.2. The Seller is not liable for damage to the goods or faults occurring as a result of misuse, accident or wear and tear to the goods.

9. Privacy Policy

9.1 Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

10. Payments

10.1 You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

11. Links to Other Web Sites

11.1 The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

12. Payment

12.1 All prices are listed in New Zealand Dollars. You may make payment secure credit card payment. We accept Visa Card and Mastercard.