Full Terms and Conditions

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TERMS AND CONDITIONS OF USE

  1.   USE OF WEBSITE
  2.   Introduction

1.1    These terms and conditions shall govern your use of the Criss X Customs website.

1.2    By using the Criss X Customs website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

1.3    If you register with the Criss X Customs website, submit any material to the website, purchase anything through this website or use any of this website services, Criss X Customs will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use the Criss X Customs website; and by using this website or agreeing to these terms and conditions, you warrant and represent to Criss X Customs that you are at least 18 years of age.

1.5    The Criss X Customs website uses cookies; by using this website or agreeing to these terms and conditions, you consent to the use of cookies in accordance with the terms of Criss X Customs’ privacy policy.

  1.   Copyright Notice

2.1    Copyright © 2017 Criss X Customs.

2.2    Subject to the express provisions of these terms and conditions:

(a)     we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)     all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1.   Licence to Use Website

3.1    You may:

(a)     view pages from the Criss X Customs website in a web browser;

(b)     download pages from the Criss X Customs website for caching in a web browser;

(c)     print pages from the Criss X Customs website;

(d)     use the Criss X Customs website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from the Criss X Customs website or save any such material to your computer.

3.3    You may only use the Criss X Customs website for your own personal and business purposes, and you must not use the Criss X Customs website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the Criss X Customs website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)     republish material from the Criss X Customs website (including republication on another website);

(b)     sell, rent or sub-license material from the Criss X Customs website;

(c)     show any material from the Criss X Customs website in public;

(d)     exploit material from the Criss X Customs website for a commercial purpose; or

(e)     redistribute material from the Criss X Customs website.

3.6    We reserve the right to restrict access to areas of the Criss X Customs website, or indeed the Criss X Customs whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Criss X Customs website.

  1.   Acceptable use

4.1    You must not:

(a)     use the Criss X Customs website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)     use the Criss X Customs website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)     use the Criss X Customs website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without the express written consent of Criss X Customs;

(e)     access or otherwise interact with the Criss X Customs website using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for the Criss X Customs website; or

(g)     use data collected from the Criss X Customs website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through the Criss X Customs website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1.   Limited warranties

5.1    Criss X Customs does not warrant or represent:

(a)     the completeness or accuracy of the information published on the Criss X Customs website;

(b)     that the material on the Criss X Customs website is up to date; or

(c)     that the website or any service on the website will remain available.

5.2    We reserve the right to discontinue or alter any or all of the Criss X Customs website services, and to stop publishing on the website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if Criss X Customs stops publishing the website.

5.3    To the maximum extent permitted by applicable law and subject to Section 6.1, Criss X Customs excludes all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1.   Limitations and exclusions of liability

6.1    Nothing in these terms and conditions will:

(a)     limit or exclude any liability for death or personal injury resulting from negligence;

(b)     limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)     limit any liabilities in any way that is not permitted under applicable law; or

(d)     exclude any liabilities that may not be excluded under applicable law.

6.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)     are subject to Section 6.1; and

(b)     govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

6.3    To the extent that our website and the information and services on the Criss X Customs website are provided free of charge, Criss X Customs will not be liable for any loss or damage of any nature.

6.4    Criss X Customs will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.5     Criss X Customs will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.6    Criss X Customs will not be liable to you in respect of any loss or corruption of any data, database or software.

6.7    Criss X Customs will not be liable to you in respect of any special, indirect or consequential loss or damage.

6.8    You accept that we have an interest in limiting the personal liability of Criss X Customs’ officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1.   PURCHASING FABRIC
  2.   About Criss X Customs

 

7.1    Criss X Customs offers custom printed fabrics and designs that have all been developed with original art work and images submitted by artists from around the world.

7.2    Criss X Customs is committed to bringing you unique images and prints to support your own artistic sewing experience. Whether it is because of the original art work, pattern placement possibilities, or falling in love the possibilities of this fabric, we are confident that you will fall in love!

7.3    Criss X Customs would love to hear from everyone in our community so if you have any feedback, please contact us at crissxcustoms@gmail.com or through our FaceBook group, CrissXCustoms.

  1.   Fabric Images

8.1    The images of the Fabrics on the Criss X Customs site are for illustrative purposes only.  Although every effort has been made to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Fabrics.  Your Fabrics may vary slightly from those images.

8.2    The packaging (if any) of the Fabrics may vary from that shown on images on our site.

  1.   Order Process

9.1    All prices are in Canadian dollars and all cuts are in metres.

9.2    All fabric is currently being digitally printed on cotton/lycra 250 – 270 GSM (95 cotton/5 spandex). The fabric width is 150 cm (58”-59”). All fabric is exempt from flammability and is lead free, CASIA Certified. We will offer additional fabric bases with some fabrics, including bamboo lycra, brushed poly knit, french terry, swim lycra and PUL fabric.

9.3    Criss X Customs will post information about any other fabrics that may be print on as they appear in the pre-orders.

9.4    The Order Form guides you through the steps you need to take to place an order with Criss X Customs.  Please take the time to read and check your order at each page of the form before submitting. You will be asked to agree to these Terms and Conditions of Use before you can place your preorder.

9.5    All designs will be offered in “rounds”. Rounds will be open for a limited amount of time to facilitate a pre-order. All images will be posted within one post and ordering will take place on a pre-order form found in the pinned post. Retail fabric is not guaranteed for each print, so please ensure that you are ordering what you need.

9.6    Payment Information

 

(a)     Pre-Order Price: $26 per meter for our custom printed cotton lycra fabric.

(b)     Retail $30 per meter for cotton lycra fabric.

 

Other bases will be posted with prices when available.

9.7    Layaway Option

 

(a)     We appreciate that sometimes a layaway option is helpful for planning. Thus, layaway is available on all pre-orders and is selected at the time of placing your order. Layaway is 50/50 (50% + $5 layaway fee due at closing, and 50% due 2 weeks later).

(b)     Only one invoice is created for layaway, you will be sent a reminder for the second payment using the same invoice. Please note that this payment is still due, even if the reminder is not received.

(c)     If layaway payments are halted (eg: customer makes the first payment and not the second) you will be shipped the yardage you paid for (at our discretion) and invoiced for shipping for that yardage. You may NOT switch around what you paid for vs what you stopped paying for. Abuse of the layaway terms will result in layaway privileges being removed and potentially being removed from the group.

9.8    Invoices will be generated upon closing. Payments are due within 48 hours of invoicing, unless previous arrangements have been made with us. Please note that while we will do our best to accommodate everyone’s unique needs, repeated requests for extensions may be denied. Unpaid invoices will be cancelled and group members may be removed for non-payment. Unclaimed fabric will be offered as a first come, first served “pick-up” for the pre-order price and can be added to any order from that round.

9.9    If you require additional support in ordering, or if you have any questions, please do not hesitate to connect us.

9.10 We are committed to ensuring the highest levels of customer satisfaction and communication. The approximate production timeline for each print/round is between 6-12 weeks from the closing of the round. Please note that the time frame is approximate, and various causes for delays including holidays, printing issues, shipping problems, etc. will be promptly reported in the group. Rounds are shipped to Kristin and all fabric will be cut and shipped within 2 weeks.

9.11 For refunds, contact Kristin Regan directly either via email (crissxcustoms@gmail.com) or through the FaceBook group, and BEFORE washing or cutting the fabric. Please do not post inquiries or errors about your order on the group wall as they may get lost. We aim to respond to all PM’s and email inquiries within a reasonable time frame, however, please feel free to tag Kristin Regan on the wall if you do not receive a response within 48 hours.

 

9.12 Criss X Customs offers refunds/replacements for a period of one week upon receipt of the fabric. Refunds/replacements are offered for:

  •       fabric received was less than the meters ordered, before washing;
  •   fabric had undisclosed flaws (not along the selvedge, where some small flaws may occur with printing), and noting that some small flecks are normal with any digital printing process

 

9.13 Criss X Customs does not cover return shipping which is needed for a replacement or refund (excluding missing fabric). If a replacement fabric is not available you will be offered a refund or a different print of your choice. Criss X Customs does not cover packages that say delivered but are claimed to be missing, this is a shipping issue and should be addressed with Canada Post.

 

9.14 Criss X Customs does not refund or replace any fabric that has been cut and/or sewn.

 

9.15 Shipping Rates - Local pick-up in Vancouver is available at no cost. Please note local pick up in your order.

  •       Canadian Shipping: (Flat Rate) $16
  •       USA shipping: 1-2 meters $13, 3-6 meters $27, 7-10 meters $55, 10+ please contact
  •       International shipping: 1-2 yards $22 3-6 yards $45 7-10 yards $65 10+ please contact

 

International and US rates above do not include tracking. If you would like a quote with tracking, please contact us. Please note that we are able to combine shipping for up to two orders to one address. Please contact us within two weeks of the round closing to arrange combined shipping. Please note that shipping can be combined for more than two orders, however, shipping charges remain at $16 per every two orders (a four order combined shipping, for example would be $32).

9.16 Claims or Disputes through Paypal - Criss X Customs is committed to working with you to find a resolution to your concerns, and thus appreciate being contacted directly. Our admin team is available to ensure that you have a prompt reply (within 48 hours) to any of your contact or queries. Any PayPal dispute or claim filed without first contacting the group owner or admin(s) in attempt to reach a resolution will result in all current orders being cancelled/refunded and the immediate removal from the group.

  1.   GENERAL TERMS
  2. Breaches of these terms and conditions

10.1 Without prejudice to Criss X Customs’ other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  1. a)     send you one or more formal warnings;
  2. b)     temporarily suspend your access to our website;
  3. c)     permanently prohibit you from accessing our website;
  4. d)     block computers using your IP address from accessing our website;
  5. e)     contact any or all your internet service providers and request that they block your access to our website;
  6. f)      commence legal action against you, whether for breach of contract or otherwise; and/or
  7. g)     suspend or delete your account on our website or participation in the CrissXCustoms FaceBook group

10.2 Where Criss X Customs suspends or prohibits or blocks your access to the website or a part of the website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Variation

11.1 Criss X Customs may revise these terms and conditions from time to time.

11.2 The revised terms and conditions shall apply to the use of the Criss X Customs website from the date of publication of the revised terms and conditions on the website. Criss X Customs will give you written notice of any revision of these terms and conditions by posting such notice on our home page, and the revised terms and conditions will apply to the use of our website from the date that we post such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

  1. Assignment

12.1 You hereby agree that Criss X Customs may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

12.2 You may not without the prior written consent of Criss X Customs assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

14.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

14.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

15.1 These terms and conditions, together with the Criss X Customs privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

16.1 These terms and conditions shall be governed by and construed in accordance with the laws of Alberta, Canada.

16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Alberta, Canada.

  1. Statutory and regulatory disclosures

17.1 Our GST number is {number}.

  1. Our details

18.1 This website is owned and operated by 1377605 Alberta Ltd.

18.2 Our principal place of business is at 11625-95A Street, Edmonton AB, T5G-1P7.  Local pick-up is potentially available however this will be announced with each round.

18.3 You can contact us by writing to the business address given above, by using our website contact form, by email to crissxcustoms@gmail.com or by telephone at 780-915-3434.