Terms and Conditions of Sale
These are the Terms and Conditions governing the supply of fabrics and/or wallpapers from Sparkk Pty Ltd whose registered office is at 6 Gehrig Lane, Camperdown, NSW 2050, Australia; Telephone +61 2 9517 4600; Email email@example.com; ABN 92 143 280 684.
Please contact us at firstname.lastname@example.org if you need information or clarification regarding our Terms and Conditions of Sale.
1.1 To ensure the correct supply of your order, orders must be placed in writing either through our website, or by email at email@example.com. Please ensure you have supplied the correct design and colour references, basecloth type, payment details and delivery information (to residential and business addresses only) to avoid delays in processing your order.
1.2 Our minimum order for fabric is 1.0 linear (approx 137 cm wide) metre, and thereafter we accept orders in 0.1 metre increments.
1.3 We do not cross reference pattern or colour numbers and names unless specifically asked to do so on your order. We will assume numeric references are correct.
1.4 We will send you an order confirmation after receiving your order. Please check this is correct and contact us if you have not received acknowledgement of your order by the end of the next day after your order has been placed, or our confirmation advice is incorrect.
2.1 Payment is due when your order is placed
2.2 Payments may be made through our website, by telephone or by fax
2.3 Payments may be made via credit card (Visa or Mastercard).
2.4 Payments may also be made by electronic transfer into our bank account. Please contact us if you wish to make payment in this way.
3. Alteration or Cancellation
3.1 Alterations to orders or order cancellations must be advised in writing via email/fax.
3.2 Alterations and cancellations will not be recognized without our emailed/faxed acceptance. Please contact us if you have not received our written acceptance within 24 hours of advising us of cancellation or alteration.
3.3 As we print to order we cannot accept alterations or cancellations after your order has been entered into production.
4. Custom Orders
4.1 Where customers require a custom design service, the copyright of any images or designs provided must be identified. Copyrighted designs or images will be used for guidance only unless written permission for reproduction has been obtained from the copyright holder.
4.2 Precise colour matching to colour references supplied by customers is not always possible, and commercial tolerances should be allowed for. Occasionally a shade will not be possible to match due the inherent limitations of CMYK ink sets.
5. Delivery and Handling Charges
5.1 Delivery and handling charges are added to your order
5.2 Current delivery and handling charges are published on our website and may be updated periodically
5.3 We reserve the right to change these charges without notice.
6. Additional Charges
6.1 In countries other than Australia or New Zealand, your fabric order may be subject to the customs fees, import duties and taxes of the country to which you have your order shipped. These charges are the recipient's responsibility.
7. Legal Right to Import Fabrics
7.1 Purchasers are responsible for determining that our fabrics can be lawfully imported to the destination country.
8.1 Orders will normally be despatched within two weeks of receipt of your order.
8.2 Fabric orders are delivered by courier to your nominated residential or business delivery address unless advised otherwise and another 3 - 5 days should be allowed for delivery within Australia and New Zealand.
8.3 Delivery advice and courier tracking is emailed to you as soon as orders are despatched from our warehouse.
8.4 Every effort is made to quote accurate delivery times. You will receive advice of unexpected changes to our production time via email. We regret that we cannot accept responsibility for transit or other delays outside our control.
8.5 Memo samples are delivered by mail unless requested otherwise.
8.6 International delivery times are not guaranteed and are subject to customs clearance delays.
9. Acceptance of Delivery
9.1 Please ensure deliveries are inspected for obvious transit damage. Claims for damage in transit must be supported by your conditional acceptance of delivery receipt from the courier noting the damage which has occurred.
9.2 Where deliveries are made to third parties, it is your responsibility to check that the order is supplied to your satisfaction. We cannot accept claims for making, installation or replacement charges where correct supply has not been verified before being made up into finished orders. We strongly advise that a sample is sent to you from your third party for verification when orders are received.
10.1 We guarantee that our fabrics pass Australian textile performance standards for their stated end use given the following conditions have been met:
• the fabric has been made up in accordance with standard soft furnishing industry practices and procedures
• the fabric has been properly maintained and professionally cleaned on a regular basis
• the fabric has been applied and/or used normally for its intended residential or single shift commercial installation
• the fabric has been protected from sunlight damage
• the fabric has not been subject to third party after-treatment
10.2 Recommended end use, independent test results and care instructions are published on our website.
10.3 It is our experience that if a fabric has a manufacturing defect which results in a failure of the fabric for its intended use, that defect becomes apparent within a short time of being in use.
11. Warranty Refund Policy and Claims
11.1 We will refund the cost of, credit or replace within two years of purchase, any fabric which has been treated in accordance with the warranty conditions stated above and which fails to meet the guaranteed performance standards.
11.2 For fabrics which are found to be faulty within one year of purchase, we will additionally refund or credit labour charges associated with the making up of the fabric.
11.3 Our warranty is extended to the person who has purchased the fabric only and any claims must be made via the original buyer of the fabric.
11.4 We do not accept liability for any other consequential losses or costs arising from failure of the fabric than that stated above including additional manufacturing costs, delivery charges or other loss of profit.
11.5 If you wish to make a claim under our warranty please contact us at firstname.lastname@example.org.
11.6 To verify the warranty claim, we will need two 25 cm x 40 cm sized samples clearly showing the claimed failure.
11.7 We independently test all fabric failures as part of our ongoing quality assurance program and for this reason claims cannot be finalised until the fabric has been tested.
12. General Refund Policy and Claims Procedure
12.1 We place the highest importance on supplying your order correctly and that it is of acceptable quality. If we have supplied a fabric incorrectly or it is of unacceptable quality, we will either replace it with the correct fabric or refund the full cost of your order plus any costs associated with returning it to us.
12.2 Flaws and defects must fall outside normal industry-accepted tolerances for colour variations from sample, weave irregularities, repeat dimensions and widths, residual shrinkage, to warrant it faulty. See General section below.
12.3 Please check your order your order has been correctly supplied and is of acceptable quality before the fabric is cut/made up. We do not accept claims for incorrect fabric or unacceptable flaws once the fabric has been cut/made up.
12.4 If your fabric has been damaged or lost in transit, and this has been verified by the courier company, and in the case of transit damage, noted on the courier receipt you sign when accepting delivery, we will either replace your order or refund the cost of your order plus shipping.
12.5 As we print to order, unfortunately we are not able to accept the return of fabric we have supplied correctly as specified in the customer order.
12.6 Our liability is limited to the original invoice value of the fabric. We do not accept liability for any consequential loss including additional manufacturing costs, delivery charges or other loss of profit.
12.7 Requests for return or credit will not be accepted after 60 days from invoice date.
12.8 Please contact us at email@example.com for all enquiries related to transit loss or damage or other claims.
12.9 Refunds/replacements/credits cannot be arranged until we have received and inspected the returned order.
13. General Information and Commercial Tolerances
13.1 It is widely accepted in the textile industry that due to the inherently variable characteristics of both man-made and natural fibres, that inconsistencies in weave, colour and dimensions both within and between production batches of woven and printed textiles are unavoidable. These accepted inconsistencies are generally minor in nature and include:
• Colour variation from sample
• Shading variations within and between production batches
• Bowing and skewing of horizontal weave
• Off square print to grain of fabric
• Weave irregularities including minor slubs and yarn width variations
• Variations in repeat and width dimensions
• Residual shrinkage
13.2 Colour matching to memos/samples will be within normal commercial tolerances, however an exact match to sample is not guaranteed.
13.3 As we print to order, there will likely be some colour variation between different batches. For this reason we recommend you order all your fabric requirements for a single job at the same time.
13.4 For larger orders, it can be difficult to supply long lengths of fabrics without a weave/print flaw, and orders are often supplied in two or more lengths, additional fabric is supplied to compensate. For drapery orders particularly we ask for fabric "cuts" to ensure you have the minimum lengths of unflawed fabric needed to make up your furnishing item.
13.5 In fabrics with a horizontal pattern, allow a tolerance of up to 3cm for bowing and skewing.
13.6 Please consult your workroom if you intend using a horizontally striped design for Roman Blinds as some designs may not be useable within these tolerances.
13.7 It is quite normal for patterned fabrics to appear slightly “off square” with respect to the grain of the fabric. This is due to finishing processes, and provided lengths are cut to pattern rather than to the weft, made-up drapes will hang satisfactorily.
13.8 Our fabric has been carefully checked at several stages before it leaves our warehouse. Occasionally small shading, weaving or yarn irregularities can be overlooked, or may have been considered as either acceptable or an inherent characteristic of the fabric or the yarn.
13.9 Depending on fibre content, there will always be some movement in drapery length due to changes in temperature and the absorption and release of moisture from the yarns in the fabric - the longer the drapery, the greater the movement. The expected residual shrinkage is shown on our samples and care/specification sheets. For drapery, we recommend being generous with seams and hems.
13.10 Fabric widths and repeats are quoted as approximate and adequate allowance should be made for small variations when placing orders. We do not accept responsibility for additional meterage needed due to variations in repeat and width within normal commercial tolerance.
Terms and Conditions of Website Use
The term ‘SPARKK’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 6 Gehrig Lane, Camperdown, NSW 2050, Australia; Telephone +61 2 9517 4600; Email firstname.lastname@example.org; ABN 92 143 280 684. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Every effort is made to keep the website up and running smoothly. However, SPARKK takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia and its States and Territories.
Last updated February 16 2011