Terms & Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These terms were established on 31/10/2014.
To find out the date that these terms and conditions were last updated, please see the bottom of this page.
These Terms, and any Contract between us, are only in the English language.
Clause 1 - Information about us
We operate the website www.mcelroyfabrics.co.uk. McElroy Fabrics is a trading name of RS Textiles Group. We operate a wholesale and an online business. but we can be contacted either by email to email@example.com, or writing to McElroy Fabrics Limited c/o RS Textiles Group, Merlin Way, Quarry Hill Industrial Park, Ilkeston, Derbyshire DE7 4RA, UK.
To contact us, please see our Contact Us page.
Clause 2 - Our Products
- The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a marginal tolerance, and widths of fabrics are often underestimated rather than being exact to cover any width variations in our piece lengths.
- The packaging of the Products may vary from that shown on images on our site.
- All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available.
- Our fabric prices sometimes change from that stated on the swatch or our marketing ans stock-sheet data/correspondence due to supplier increase in product prices and/or items being reduced into sale.
- Sometimes, when larger quantities are ordered, or your order has cleared our stock of a fabric, your order may be sent in more than one length to make up the quantity ordered. For example, if you order 45m, this may arrive in 3 pieces of 15 metres to make up the required length ordered.
- Where bulk/large quantities are ordered we may send your goods either processed onto rolls or double-folded onto boards. If you have a specific processing requirement, this must be stated at the time of ordering, either by separate email to firstname.lastname@example.org, or to the sales person taking your order.
- We recommend that all fabrics purchased, if washable, should be pre-washed prior to making into your garment.
- No claims will be accepted once a fabric has been cut, processed or made into a garment.
Clause 3 - How we use your personal information
Clause 4 - Business trade customers
- By ordering from RS Textiles Group T/A mcelroyfabrics.co.uk , you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
Clause 5 - How the contract is formed between you and us
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
- The Contract between us will only be formed when your order has been accepted and processed and/or dispatched. This does not affect the customer's statutory rights.
- If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
Clause 6 - Our right to vary these terms
- We may revise these Terms from time to time in the following circumstances:
- changes in how we accept payment from you;
- changes in relevant laws and regulatory requirements; and
- changes in the way we operate.
Clause 7 - Your consumer right of return
This clause 7 only applies to business trade customers
- If you are ordering a specific length of a fabric(s) without having ordered/seen a sample first, please ensure you are happy to do so, as we are unable to offer a refund or exchange on any fabric goods ordered, and cut to length, those which have been cut to a specific length for your order, except where the item is faulty.
- We cannot accept returns of damaged and faulty items if they were purchased as faulty or damaged item, or if they were purchased at a discounted sale price, as these would have been purchased with the 'particular issue' clearly being marked on the website product listing.
- Samples are made available to order through our website for your prior approval to avoid the scenario in 7.1.
- If returns are authorised and accepted due to it being a faulty item then once we have received the item(s) back into stock and checked that they are in their original condition as supplied, will we be able to process a credit note to offset against your trade account. All returns must be previously authorised, and any returns received without prior authorisation will not be eligible for a credit note.
- Your legal right to cancel a Contract starts from the date when you receive an email notifying you that your order is complete, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Fridays, Saturdays, Sundays or public holidays are not included in this period as this represent days when our offices are closed.
- To cancel a Contract, please contact us by e-mail at email@example.com, to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail, or if you send us your cancellation by post, the date you posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you contact us.
- You will receive a full refund of the price you paid for the Products and any applicable delivery charges, provided that the products are returned complete, in perfect condition, unused, and with the original packaging. Any returns must be at your cost. As stated in 8,2, refunds will not be offered on unauthorised returns.
- We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to us because they were faulty, please see clause 8.7.
- If you have returned the Products to us under this clause 8 because they are faulty, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- We refund you on the credit card or debit card used by you to pay, or to your PayPal account (if that was the method of your payment)
- If the Products were delivered to you:
- you must return the Products to us as soon as reasonably practicable;
- unless the Products are faulty or not as described (in this case, see clause 8.7), you will be responsible for the cost of returning the Products to us;
- you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
- As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- Delivery will be completed when we deliver the Products to the address you gave us. Where incorrect address details are supplied, we cannot accept liability for lost items. It is your responsibility to make sure the correct details are supplied. If goods go ‘missing’ as a result of incorrect address details being supplied, we cannot replace these free of charge.
- The Products will be your responsibility from the completion of delivery.
- You own the Products once we have received payment in full, including all applicable delivery charges.
- Orders placed during our closure periods (i.e. over Easter or Christmas) will be processed and despatched on the next working day after we have re-opened. See our 'Contact Us' page for full details of the affected dates.
- Next day Delivery option: 'Next day' delivery is valid up until 13.00pm on Monday's to Thursday's (we do not currently despatch on Fridays), on the day you place your order with us. Any orders received after these times will be sent out the following working day. Deliveries only take place on working days - we do not offer a Saturday or Sunday delivery. Moreover, due to increased order levels during sale or promotion periods, a same day despatch cannot be guaranteed.
- If you choose to ask us to instruct the carrier to leave your parcel in a safe place such as a shed or porch, please note that this is at your own risk as we cannot claim for items that go missing that are not securely delivered.
- We deliver to most countries worldwide, with the exclusion of Russia (International Delivery Destinations). However there may be restrictions on some Products for certain International Delivery Destinations, we will contact you if this is the case.
- If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Price of products and delivery charges
- We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.4 for what happens in this event.
- All prices quoted on our website are inclusive of VAT (Value Added Tax). However, VAT is only applicable on UK sales. If the goods are going outside the UK, then the price stated on the screen is the price payable by any export customer.
- Prices for our Products may change from time to time, but changes will not affect any order which we have accepted and dispatched.
- The price of a Product does not include delivery charges. Our delivery charges are added at the time you complete your order. We recommend that you select to receive your goods by a tracked delivery method.
- Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
- Where a voucher is issued, for the purpose of a promotion or a refund, or any other purpose, these can only be used individually, i.e. one voucher per order.
How to pay
- You can only pay for Products by using PayPal, or by using a debit card or credit card. We accept the following cards: Visa, MasterCard and Maestro.
- Payment for the Products and all applicable delivery charges is in advance. Your debit card or credit card will be charged at the time you place your order.
- Our Loyals scheme allows a discount to be deducted at the checkout, as part of the payment. Information and current terms relating to the Loyals reward scheme can be found in your 'Account' section. We reserve the right to update the terms of the reward scheme at any time, without prior notice.
Our warranty for the Products
- We provide a warranty that we supply fabric and materials free from defect at the time of delivery. You are deemed to have inspected it on receipt. If the fabric and/or material is converted into a garment then it is your responsibility to ensure that such fabric/material is of a suitable specification to be included in such garment and we shall not be liable in such respect. Any washing instructions are not intended to be by way of recommendation and it is for you to establish if the fabric/material is suitable for washing by the method that you intend.
- We provide a warranty that on delivery and for a period of 6 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.3.
- The warranty in clause 13.1 does not apply to any defect in the Products arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party; or
- any specification provided by you.
- If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Our liability if you are a business
This clause 14 only applies if you are a business customer.
- We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
- Nothing in these Terms limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to clause 14.2 and clause 14.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Communications between us
- When we refer, in these Terms, to "in writing", this will include e-mail.
- If you are a consumer:
- To cancel a Contract in accordance with your legal right to do so as set out in clause 8, please contact our Customer Services telephone line, or e-mail us at firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
- If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to McElroy Fabrics at our trading address. You can always contact us using our Customer Services telephone line.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other important terms
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
- Terms And Conditions Last Updated On 14/01/2019.