Terms and conditions for the sale of goods online

Version 2

Dated: 15.07.2024

1. Introduction

1.1 We are Chameleon Fabrics – a subsidiary of Chameleon Upholstery.  You can find our company details at the conclusion of this document.

1.2 Kindly review these terms and conditions attentively. They govern your purchase of any goods through this website or via phone. (Separate terms pertain to the general use of our website.) Please read the entire document thoroughly, and feel free to reach out to us if any section is unclear.  Please retain a copy for future reference. These terms and conditions are provided in English only and supersede any prior versions.

 1.3 When we mention “Consumer” herein, we refer to an individual conducting transactions primarily for personal, non-commercial purposes.

1.4 If you communicate with us on behalf of a company or organisation, you affirm that you have the authority to act on behalf of that entity.

1.5 We reserve the right to modify these terms and conditions at any time. Please review them carefully, as they will govern any purchases made after the effective date indicated at the top.

2. Small Variations in the Goods

2.1 You acknowledge that the majority of our goods undergo dyeing processes, resulting in potential slight variations in colour and shade between batches.  Therefore, we cannot ensure that the colour and shade of any goods will precisely match a previous order, sample, or the depiction on our website.  Additionally, certain pattern fabrics may not display the full range of colours or pattern designs in dispatched samples. (If you have any concerns, please reach out to our customer services team for additional guidance.)

2.2 You understand that our goods may exhibit natural flaws and imperfections, which do not indicate faulty merchandise.

2.3 The labelling or packaging of the goods you receive might differ from the images displayed on our website. You agree to refer to the product description for comprehensive details and to contact us if you require further clarification.

3. How You Form a Legal Contract with Us

THIS SECTION OUTLINES THE PROCESS OF YOUR ORDER AND THE CONDITIONS UNDER WHICH YOU BECOME LEGALLY OBLIGATED IN A CONTRACT WITH US.

3.1 Your order constitutes an offer to purchase from us (unless otherwise specified below).

3.2 When placing an order online, you do so by following the ordering process on our website. This entails selecting the desired goods, adding them to your shopping cart, and submitting the order to us by clicking on the appropriate button.

3.3 We are an online only seller and telephone assistance is only available customer queries relating to products and services and not to place orders.

3.4 It is your responsibility to ensure the accuracy of your order (including delivery address) and to promptly inform us of any changes.

3.5 You are prohibited from purchasing any goods through this site if your primary intention is to utilize them in violation of our intellectual property or other legal rights.

3.6 We acknowledge receipt of your offer and establish a binding legal contract upon sending you an order confirmation email. Our quote constitutes an offer on our part, which you accept by making payment.

3.7 We are not obligated to fulfil any orders for goods that are unavailable, even if a legally binding contract has been formed. We will promptly notify you of any unavailability and arrange for a full refund if payment has been processed.Top of Form

4. Right to cancel (cooling off period)

IN SUMMARY: CONSUMERS MAY BE ENTITLED TO RETURN UNWANTED GOODS WITHIN 14 DAYS.

4.1 If you are a Consumer, you may have the legal right to cancel this contract within 14 days of receiving the goods, provided you meet the requirements outlined in the Appendix below. This right remains unaffected by any separate returns policy stated on our website.

4.2 However, there is no right to cancel contracts for the supply of goods customised to your specifications or clearly personalised. (Refer to our delivery and returns page for further details.)

5. Paying Us

5.1 Payment is required in advance through the methods specified on our website. We reserve the right not to dispatch goods until we have received full payment in cleared funds.

5.2 Our prices may fluctuate periodically. The price for the goods you request is as indicated on our website at the time of order submission. Any applicable VAT or sales tax is incorporated into the displayed price.

5.3 Delivery expenses are incurred separately at the rate displayed on our website upon placing your order. These charges are contingent upon the chosen delivery method. Note that, unless explicitly stated otherwise, delivery charges do not cover customs or import duties that may be levied on your order by relevant authorities. We bear no control over these fees, and it is your individual responsibility to settle them. We recommend consulting your local customs office beforehand.

5.4 In the event of an inadvertent mispricing of any item, we are not obligated to fulfil the order at that price. We will inform you prior to dispatch. In such instances, you may choose to proceed with the order at the correct price, or we will issue a full refund for any payments already processed if you opt not to proceed.

5.5 You agree to promptly notify us with comprehensive details in the event of any payment disputes.

6. Discount Codes

THIS SECTION EXPLAINS THE USAGE OF DISCOUNT CODES ON OUR WEBSITE.

6.1 From time to time, we may offer discount codes. All discount codes apply to the product price excluding delivery charges. These codes are applicable only to purchases made through the associated account for which the discount code was issued and registered. They are non-transferable and cannot be exchanged for cash. Unless specified otherwise: (1) codes are valid for future new online orders only; (2) cannot be retroactively applied; (3) can be redeemed once per customer; and (4) expire after 12 months. Unless stated otherwise, only one discount code may be used per transaction, and the order of application, if multiple codes are allowed, is at our discretion.

6.2 We reserve the right to reject any discount code usage if it violates these terms. Discount codes are subject to any additional specific terms and conditions provided at the time of issuance. We retain the right to discontinue or alter any discount codes at our discretion without prior notice.

7. Delivery

THIS SECTION DESCRIBES THE RESPONSIBILITIES RELATING TO DELIVERY.

7.1 Delivery is considered complete upon delivery to the address specified during ordering. Different parts of your order may be delivered on separate dates.

7.2 Delivery is restricted to countries specified on our website, subject to additional delivery restrictions or requirements outlined on our delivery page. We reserve the right to cancel orders for countries to which we do not deliver, even if a contract has been formed.

7.3 Unless otherwise indicated, delivery dates provided on our website are estimates. As a Consumer, we bear no liability for losses arising from delivery delays if (a) beyond our reasonable control and we could not reasonably address the delay, or (b) due to inadequate delivery instructions from you.

7.4 Advance notification of any access restrictions is your responsibility.

7.5 Upon notification of an unsuccessful delivery attempt, you must promptly contact the delivery company for re-delivery arrangements. If the item is returned to us due to delivery failure, we reserve the right to cancel the contract, refunding the purchase price excluding delivery charges.

7.6 Failure to comply with delivery obligations entitles us to abort delivery. You agree to cover any associated costs, including delivery, storage, or insurance. We may require payment of these costs before arranging re-delivery or add them to future orders, deducting them from any payments due to you, as permitted by law.

7.7 Ownership of the goods transfers to you after delivery and payment of the price plus delivery charges. Until then, you hold the goods on our behalf.

8. Our Right to Terminate the Contract

8.1 We reserve the right to terminate this contract, including non-delivery of goods if:

1. a) Any outstanding amounts remain unpaid or are charged back;
2. b) Inappropriate behaviour towards our staff or subcontractors by you or anyone acting on your behalf is observed; or
3. c) We reasonably believe you have breached these terms or such action is necessary to protect your, our, or others’ interests.

8.2 Contract termination does not affect existing rights and liabilities. Terms intended to continue after termination remain in effect.

9. Restrictions on Our Legal Responsibility for Goods – Crucial Information

THIS SECTION LIMITS OUR LEGAL LIABILITY IN VARIOUS WAYS AND IMPOSES RESPONSIBILITY ON YOU FOR CERTAIN LOSSES WE INCUR, PARTICULARLY IF YOU BREACH THE CONTRACT.

9.1 Nothing in this agreement shall limit or exclude our liability for negligence resulting in death or personal injury, fraud, fraudulent misrepresentation, or any matter that cannot be legally excluded or limited. In this section, “us” includes our officers, employees, and subcontractors, who have the right to enforce this agreement.

9.2 The following clauses apply exclusively to Consumers:

1. a) Except as provided above, we bear no responsibility for any loss or damage unless:

• There is a breach of a legal duty owed to you by us;
• The loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time of contract formation);
• The loss or damage is caused by your actions, such as failure to comply with this agreement; or
• The loss or damage pertains to a business (as the goods purchased by Consumers are not intended for business use). b) You are accountable to us for any reasonably foreseeable loss or damage we suffer (including claims made by others) due to your breach of this agreement. c) We are obligated to supply goods in conformity with the contract. Your legal rights regarding goods not conforming to the contract (whether faulty, not as described, or otherwise) are unaffected by this agreement. Seek advice about your legal rights from local Trading Standards or Citizens’ Advice Bureau offices.

10. Intellectual Property Rights (IPR)

IN BRIEF: YOU DO NOT ACQUIRE ANY IPR IN THE GOODS.

10.1 Your purchase of goods from us does not grant you the right to use or exploit any IPR associated with the goods.

11. Events beyond our control

IN BRIEF: WE ARE NOT LIABLE FOR “ACTS OF GOD.”

11.1 We bear no liability for failure to perform or delay in performing any obligation under this agreement if such failure or delay is caused by circumstances beyond our reasonable control, including third-party telecommunication failures and epidemics/pandemics.

12. Transferring this contract to another Party

IN BRIEF: WE CAN ASSIGN THIS CONTRACT, BUT YOU REQUIRE OUR CONSENT TO DO SO.

12.1 We may transfer all or part of our rights or duties under this agreement, ensuring that your rights are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties without our prior written consent.

13. Privacy

IN BRIEF: OUR PRIVACY POLICY APPLIES.

13.1 By agreeing to this agreement, you consent to the processing of your personal information in accordance with our privacy and cookies policy, subject to occasional updates.

14. Applicable Law

IN BRIEF: ENGLISH LAW APPLIES, AND ONLY UK COURTS HAVE JURISDICTION OVER DISPUTES.

14.1 These terms and conditions are governed by English law, and any disputes will be resolved exclusively by the courts of the United Kingdom. As a Consumer, you retain any rights provided by the mandatory provisions of your country’s law.

15. General

15.1 Notices under this agreement may be sent via email to your most recent email address provided to us. Headings in this agreement are for informational purposes only. Failure by either party to enforce any breach of this agreement does not waive the right to enforce it later. If any part of this agreement is deemed ineffective or unenforceable, the rest of the agreement remains valid. Except as expressly stated, third parties cannot enforce this agreement.

16. Complaints

16.1 For any complaints, please contact us using the following details: In writing to: Chameleon Upholstery, Lower Granary, Whipley Manor Farm, Palmers Cross, Surrey, GU5 0LL or email us at: info@chameleonfabrics.co.uk

APPENDIX – RIGHT TO CANCEL/COOLING OFF PERIOD

Right to cancel

1. You have the right to cancel this contract within 14 days without providing any reason.
2. The cancellation period expires after 14 days from the date on which the order is placed.
3. To exercise the right to cancel, you must inform us at Chameleon Upholstery, Lower Granary, Whipley Manor Farm, Palmers Cross, Surrey, GU5 0LL or email us at info@chameleonfabrics.co.uk of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail).
4. To meet the cancellation deadline, you must send your communication informing us of your decision to cancel before the cancellation period expires.

Effects of cancellation

5. If you cancel this contract, we will reimburse you for all payments received from you, including delivery charges (except for the additional cost incurred if you chose any delivery option other than the cheapest).
6. We may deduct from the refund for any loss in the value of goods supplied if the loss results from unnecessary handling by you. You are only responsible for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods. If we discover such excessive handling after issuing the refund, you must compensate us accordingly.
7. We will issue the refund without undue delay, and no later than:

a). 14 days after the day we receive back any goods supplied by you, or

b). (if earlier) 14 days after the day you provide evidence that you have returned the goods.

8. We will process the refund using the same payment method you used for the initial transaction, unless otherwise agreed in writing; you will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the goods back or you have provided evidence of having sent back the goods, whichever occurs first.
9. You must return the goods direct to the supplier without undue delay and in any event not later than 14 days from the day on which you notify us of the contract’s cancellation. You meet the deadline if you return the goods before the 14-day period expires.
10. You are responsible for the direct cost of returning the goods.

Website usage terms and conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Chameleon Fabrics’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘[Chameleon Fabrics]’ or ‘us’ or ‘we’ refers to the owner of the website.  The term ‘you’ refers to the user or viewer of our website. We are not a registered company, we are a sole trader.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: [We will never give your personal information to third parties without your consent-see our Privacy 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.
• 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).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

HOW TO CLEAN FIBREGUARD FABRICS

We’re here to make your life as easy as possible, to limit your daily interactions with cleaning products as much as we can! From ketchup and red wine stains to coffee and ballpoint pen stains, FibreGuard fabrics are simply easy to clean.

Common household stains, such as chocolate, coffee, tea, ketchup, lipstick, mayonnaise, mud, oil,
pen, red wine, silly putty, yoghurt, wax crayon, and many more stain-causing items, are just no match
for FibreGuard’s easy clean technology.

All accidental stains can be removed using only water, but should you have a tougher stain, a small amount of standard, white, household soap, can be used. Keep in mind that immediate stain removal will ensure the best result.

The stain-free properties in all FibreGuard fabrics last beyond washing and heavy use. See the four FibreGuard fabric cleaning steps below:

01.
DON’T PANIC

For stains like mud, ketchup, lipstick or silly putty, you’ll need to get a teaspoon. Remove any stain residue with the edge of the teaspoon or a flat utensil.

For other stains like pen or coffee, you won’t need to do this. We created a series of videos to show you how to remove any kind of stain on our easy-clean fabrics.

02.
WATER & BLOT

Apply water to the stain and blot using a white paper towel.

Do not do the circular motion rub trick because it’ll just rip your paper towel & drive the fibres from it into your fabric.

Repeat the process until you can’t see the stain on the paper towel anymore.

03.
WATER & CIRCLES

Apply more water to the area and rub with gentle movements with a microfibre cloth.

Use soap for stubborn stains. Any white bar of soap will do, whatever you have in the house. Now you can do the circular motion rub trick. It’s OK. When using soap, use intermittently.

Repeat the process until the stain is completely removed.

04.
AIR DRY

This is really important.

Don’t use a hairdryer or apply heat to the stain in any way.

Just air dry. It’s fine.

Martindale rub test.

​Check the rub test, it should be on the back of your sample or you can ask us.They start from around 10,000 rubs upwards.This tells you how hard wearing a fabric is.  See the video link below to see how they perform this test.

Does it need to be FR treated?

​We can advise you on this as upholsterers have to follow the guidance of the Furniture and Furnishings (Fire) (Safety) regulations 1988.  E-mail us at info@chameleonfabrics.co.uk with your queries.  If your chosen fabric needs to be fire retardant either domestic or Crib 5 and is not already, you will need to order by email as we will add on the FR treatment costs and issue an invoice for your entire order.

FR treatments can take up to 3 weeks.