Terms of Sale

Entire Agreement

These conditions and terms of sale shall be the controlling agreement between Derby Fabrics, Inc. and the customer, to the exclusion of all implied or oral warranties or understandings and were the inducement for Derby Fabrics, Inc., to deliver the fabrics and/or coated materials on this contract. This supersedes buyer's order form. Contract conditions can be changed with written agreement from Derby Fabrics, Inc.

 

Return and Refund Policy 

Your satisfaction is important to us and we realize that there may be circumstances in which you need to return an item. While cut fabric is essentially a custom product and a challenge to guarantee, any customer who is dissatisfied with a purchase may receive a refund or store credit on fabric cuts of two (2) yards or more. Refunds may be applied to all products sold by Derby Fabrics, Inc, except for the products/conditions listed below. 

  • All returned items must be in original, unflawed condition, unmarked and uncut by the purchaser, and must be received within 30 days of original ship date.
  • All returns require prior approval from Derby Fabrics, Inc before they can/should be returned.
  • All Ultrafabrics® Fabric are not returnable.
  • All sale items are not returnable.
  • All leather hides are not returnable.
  • All special orders or custom products are not returnable.
  • All fabric sample orders are not returnable.
  • All international orders are not returnable.
  • Unless we are in error, we do not refund shipping costs.
  • Items returned to us in non-salable condition will be returned to sender, and no refund will be given.
  • If your order is deemed returnable, you will receive a refund of your order less shipping charges.

To ensure full credit for your returns, please contact Customer Service at 1-800-626-3500 before returning merchandise.  All refunds and returns are granted at the discretion of Derby Fabrics, Inc.

 

Ordering of Samples

Derby Fabrics, Inc reserves the right to alter or not ship orders for samples that are made through www.DerbyFabrics.com. Any order can be altered by Derby Fabrics, Inc if we believe any customer is abusing the option to order any samples from www.DerbyFabrics.com. At any time Derby Fabrics, Inc reserves the right to cut any customer off from ordering samples or remove the option to order samples from www.DerbyFabrics.com. If an order is altered by Derby Fabrics, Inc in any way then we (Derby Fabrics, Inc) will make an effort to contact the customer who placed the order to inform them of any changes. If Derby Fabrics, Inc refuses to ship a sample order, placed through www.DerbyFabrics.com, the shipping charges for the order will be refunded, at the discretion of Derby Fabrics, Inc, as long as the order has not been processed and packaged or has already been shipped out. Derby Fabrics, Inc reserves the right to hold any order placed through www.DerbyFabrics.com for any reason without notifying the customer.

 

Shipping Policy

Shipping on Memo Samples and Sample Cards

The standard method of shipping for memo samples and sample cards is either priority or first class shipping through the United States Postal Service.  If expedited shipping (overnight shipping) is required please make sure to choose that option when placing your order on the website.  Please note that all shipping costs after the first 3 memo samples will be charged to the customer, no matter which shipping method the customer chooses.

If you, the customer, would like your memo samples or sample cards shipped UPS or FedEx please contact our Customer Service Department at 1-800-626-3500.  Please note that all shipping costs will be charged to the customer, no matter the quantity ordered, if an alternate carrier such as UPS or FedEx is requested. 

Shipping on Products

For every order we ship out we try to pack the order in the most economical way possible in order to save you, the customer, on shipping costs.  The majority of the time orders will be shipped out either UPS or FedEx.  For orders containing very small items shipping using the United States Postal Service might be an option.  If you would like your order shipped out using USPS please let our Customer Service Department know when you place your order.

Some products such as certain glues cannot be shipped out through a standard carrier (UPS, USPS, and FedEx) due to these products being considered hazardous materials.  If you are interested in purchasing these special products please contact our Customer Service Department at 1-800-626-3500 to make special arrangements. 

International Shipping

For international shipments please contact our Customer Service Department at 1-800-626-3500 for more information.  Please note you, the customer, will be held responsible for all fees (tariffs, duties, shipping charges, taxes, ect) incurred by shipping an order internationally.  All international shipments are final and no returns are allowed.  Please make sure all the products you are ordering are correct in regards to color, pattern, and quantity.  

 

Proposition 65

Some of Derby Fabrics, Inc.’s products contain chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm.

 

Warranties

Derby Fabrics, Inc. warrants title to the products covered by this contract, but there are no other warranties of any kind unless specifically expressed below. Fabric and/or coated material covered by this contract are the same or substantially conform to Derby Fabrics Inc.'s sample from which fabric and/or coated material order was placed. All fabric and/or coated materials made of natural or synthetic fibers are sold subject to the inherent imperfections of fibers and yarns, normal deviation of shade between dye and manufacturing lots. Derby Fabrics, Inc. shall not be responsible for normal variation of the hand of finished fabrics and/or coated materials. Buyer agrees there is no warranty by Derby Fabrics, Inc. in fact or in law that the merchandise which is the subject of this sale is suitable for any particular use or purpose for any particular type style, designs of furniture, household or commercial product, apparel or any use. Suitability of the merchandise for the end use contemplated by buyer is the responsibility of the buyer to be ascertained by buyer's sampling and testing. The testing for any particular use or industry to meet the physical specification of any state or country is the buyer's responsibility. Buyer has the duty to determine whether the fabric and/or coated material is fit or unfit for the purpose intended or use including the resale purpose. Any liability is limited to Derby Fabrics, Inc.'s customer and not to those claiming through the customer. Derby Fabrics, Inc.'s woven upholstery fabrics and/or coated materials are tested according to the voluntary joint industry standard committee and test results are available upon request. Fabric and/or coated material specifications, National Safety Data Sheets (NSDS) NAFTA certificates of origin supplied upon request. Derby Fabrics, Inc. shall not be liable for normal and customary manufacturing and finishing variations from specifications.  Buyer agrees that Derby Fabrics, Inc shall not be responsible for any change in or compromise of fabric and/or coated material characteristics that result from the shipment of such items. 

 

Credit

Terms of payment on face of invoice shall be considered from invoice date. Payments are made to seller or factor as indicated. All invoices are payable in United States dollars. Past due invoices are subject to finance charge of one and a half percent (1.5%) per month or maximum rate allowed by law. A past due invoice is defined as an invoice that has not been paid in full after thirty (30) days from the original invoice date.  Derby Fabrics, Inc. may in its discretion limit or cancel the credit of the buyer and may require anticipation of cash payment before delivery of any portion of this order. No deductions from the face amount of the invoice may be taken from merchandise invoice payment unless Derby Fabrics, Inc has issued a written letter of consent for such payment to the buyer.  If an account is turned over to collections for any reason the account holder is resposible for any all collections fees associated with the account.

 

Cleaning and Maintenance

Derby Fabrics, Inc will produce recommended cleaning methods of any fabric and/or coated material when asked.  Cleaning information is offered for general guidance and is not a guarantee. The use of certain cleaning agents can be harmful to the surface appearance and lifespan of a fabric and/or coated material. Derby Fabrics, Inc assumes no responsibility for damage to a product resulting from lack of cleaning, improper cleaning or the misuse of cleaning agents. Certain clothing and accessory dyes (such as those used on denim jeans) may migrate to fabrics and/or coated materials and cause permanent damage. Derby Fabrics, Inc cannot be held responsible for dye transfer caused by external contaminants.

 

Flammability 

Derby Fabrics, Inc. disclaims any warranty whatsoever, whether expressed or implied with respect to flammability of material specified in this contract with one exception, i.e. individual flammability standards will be stated on the Derby Fabrics, Inc. sample if products are intended for a specified use. With this exception, no fabric and/or coated materials covered by this contract is intended or promoted for any use covered by any flammability or fire retardant or fire resistant standard for furniture, apparel, mattresses, panels, curtains, drapery or any household, commercial or personal use.

 

Liability

Liability is limited to the cost of the fabric and/or coated material purchased from Derby Fabrics, Inc.  Derby Fabrics, Inc should not be liable for consequential or incidental damages.