This is an agreement between The User (as "you", "your", the "customer", the "client", the “buyer”, & the "user") and Kyzoh-Xi PTY LTD (as "Calypso Fabrics", "www.calypsofabrics.com.au", "our or this website", “we”, the “seller” and "us"). This is also known as our Terms and Conditions of Sale.
By agreeing and proceeding with checkout;
- you accept and agree without modification these terms and conditions;
you declare that you at least 18 years of age;
the payment method you are using is your own OR you have permission from the owner of said payment method;
You accept that these terms and conditions will be governed by and construed in accordance with the laws of Western Australia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Western Australia.
Site Owner
Kyzoh-Xi PTY LTD T/as Calypso Fabrics
ABN: 50645598885
PO Box 856, Victoria Park, Western Australia, 6979
Click here to contact us
Our contact details, Privacy Policy, General Terms, and Disclaimer are available in the footer of each page on this website. If you would like further clarification on any of the below terms, please contact us via our website prior to proceeding with checkout.
Holiday and Production Breaks
Easter
Christmas - New Year
During holidays and production breaks, customers are welcome to place orders online and by email. Orders will be processed and/or manufactured from the time we reopen in a timely manner.
Introduction
On successful approved payment of your online order, an automated confirmation will be sent to you by email within 24 hours. Check this carefully to make sure you have ordered the correct product, quantity, and delivery details. In the event of an error, please reply to that email within 24 hours.
Orders are processed as soon as they are received and will be dispatched in a timely manner. When your order is shipped an e-mail will be sent to you with the tracking number.
If your payment is not successful, then the order is invalid and will not be processed or fulfilled.
Should a cart not be checked out and/or payment is not approved and received by Calypso Fabrics then no sale has taken place. As such the transaction is invalid.
All sales will be processed in the order they are received and time-stamped.
We prefer that all communications regarding online orders are by email using the email address associated with your order. Please include your online order reference number in all communications so we can assist you quicker.
Our process
Processing of your order starts as soon as it is received. Our process is as follows:
- Ordering
- All Plain Fabric Orders
- Handling time is approximately 3-5 working days from successful payment (excludes all public holidays). Additional time may be required during peak season.
- Printing Orders
- Artwork Supplied
- Proof by email and Sample by Post
- Approval (by reply email only)
- Printing, turnaround times:
Small Orders about 2-3 weeks from artwork and sample approval. Turnaround time will be confirmed during the artwork process.
Large Orders about 3-4 weeks from artwork and sample approval. Turnaround time will be confirmed during the artwork process.
X-Large Orders. Turnaround time will be confirmed during the artwork process.
If you order printing, a printed sample will be sent to you by post for your approval prior to the commencement of printing. We cannot commence until this is approved in writing by email, and we cannot make exceptions to this policy.
- Shipping
- Your order is dispatched with our shipping partner
- We will email you the tracking number within approximately 48-hours
- Delivery is usually within approximately 5-7 working days (additional time may be required for the Northern Territory, parts of Queensland, Tasmania, and country or remote locations)
- You will need to be home to receive your parcel OR it will be left at your local collection point
If you have any questions, please feel free to reply to one of our confirmation emails at any time. We will reply as soon as possible. If you miss one of our emails, always check your SPAM folder.
Fabric
We recommend ordering a small length to start to perform your own tests prior to manufacturing.
Due to the nature of fabrics, appearance, colour, texture, weight, performance, etc... may vary from batch to batch, order to order, supplier to supplier, etc... Always obtain a sample prior to purchasing a higher quantity to both test the fabric and ensure that it is suitable for their intended use (and as such, fit for purpose). We make no guarantee as to the performance or claims about our fabrics that cannot be excluded under Australian Consumer Law given the broad nature of their application. You are entitled to have your goods repaired or replaced if the goods are faulty (see Returns and Refunds).
Measurements may vary within reasonable tolerances, usually about +/- 5%.
No fabrics sold on this website have been fire or flame-treated and may burn if exposed to excessive heat, flames, or fire.
No fabrics sold on this website are made to any safety, medical, educational, military purpose, ISO standards, carry a warranty (or the like). If you require such, please purchase a quantity and have it independently tested by an approved laboratory. The outcome of these tests and any resulting claims are the liability of the customer.
Always bear in mind that just because a fabric has the same name as a fabric you may have purchased elsewhere, it does not mean that the fabric is exactly the same. Weight and texture may vary and fabric purchased could be heavier, lighter or feel different.
While every effort is made by us to adjust photos to be as close to the actual product as possible, please understand that each device will display images and colours differently. Furthermore, images may be affected by a number of factors, such as lighting, shininess and the texture of the fabric all produce different effects when photographed.
If you order printing, a printed sample will be sent to you by post for your approval prior to the commencement of printing. We cannot commence until this is approved in writing by email, and we cannot make exceptions to this policy.
Artwork for Fabric Printing
Please your file to ensure it is correct and free of any errors as artwork is ultimately the responsibility of the customer.
Should the artwork contain trademarks, artwork, or designs covered by copyright, patent, design mark, or intellectual property apart from your own - the customer declares that they have explicit written permission in their possession (which can be produced on request) to use the said artwork if it is not their own. Any breaches are the strict liability of the customer.
Any artwork containing Political, Religious, Sexual, Sexually Graphic (including, but not limited to, nudity), Racial, Cultural, Sexists, Homophobic, or Illegal images, wording/slogans, graphics, or the like ("artwork") that may be interpreted as being offensive or in poor taste may lead to the cancellation of your order. At which time, you will be refunded for the amount paid using the original payment method. This policy is at the absolute discretion of Calypso Fabrics and no other explanation may be provided. Any Artwork that is ultimately produced is at the liability of the customer, including any and all damages or suits that may arise. Calypso Fabrics will not accept or entertain any liability, damages, or suits relating to the artwork used on products that are purchased on this site that are for the explicit purpose of being customized with artwork supplied by the customer or client.
The appearance of colour may vary from screen to fabric, manufacturer to manufacturer, and order to order. If you require a specific colour or are matching a specific colour, then please contact us prior to placing your order to obtain a pre-production sample of your intended colour.
If you order printing, a printed sample will be sent to you by post for your approval prior to the commencement of printing. We cannot commence until this is approved in writing by email, and we cannot make exceptions to this policy.
Title of Goods
All goods remain the property of Calypso Fabrics until full payment is received.
Limitation of Product Liability
In no event shall Calypso Fabrics be liable for any direct, indirect, punitive, incidental, special consequential damages whatsoever or howsoever arising out of or in connection to the use or misuse of its products. Products are to be used as described/as intended by the manufacturer only.
If you are unfamiliar with how to use the products, please consult us prior to making your purchase.
Hold's, Rain checks, and Lay-bys
We do not offer a hold, rain check, or lay-by service on this website.
Currency
The prices displayed on this website are in Australian Dollars (AUD).
Your order will be charged in Australian Dollars (AUD). The prices can be converted to another currency using the XE Website - this will give you an approximate guide as to the price in a currency apart from Australian Dollars (AUD).
Payments
Shipping
Returns/Refunds/Exchange Policy
Taxes
Australian Sales Tax "GST" (Goods and Services Tax) applies to all items on this site sold within Australia and it's territories. The current rate of GST is 10%, which is displayed on this website by default as the price.
Coupon's, Vouchers and Gift Certificates
Coupon's, Vouchers, and Gift Certificates ("codes") are only valid for a set period and cannot be redeemed for cash or cash equivalent. If a code is not used within the period, it becomes null and void.
Codes must be entered at checkout to be honored, they cannot be applied to transactions retrospectively. A maximum of one coupon per transaction.
Promotions
Our General terms regarding promotions are as follows.
Any price or special offer on our website is subject to change without notice and is only valid during the set period. Certain promotions require a certain spend and/or coupon code to be entered at checkout - if you are unsure please contact our customer service team prior to finalising your transaction.
Special Offers are not be used combined with other discounts and/or special offers.
Special offers or discounts cannot be applied retrospectively.
Some promotions may carry certain terms, these will be displayed on the promotional email, correspondence, voucher or the like.
Site Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Calypso Fabrics, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
to cause annoyance, inconvenience or needless anxiety
Product Reviews, comments, communications, and other content
Users of this website may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Gannon’s reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
(a) grant Gannon’s and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) Gannon’s and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Gannon’s, including the execution of deeds and documents, at the request of Gannon’s.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Gannon’s: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Gannon’s policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Gannon’s and its affiliates for all claims brought by a third party against Gannon’s or its affiliates arising out of or in connection with a breach of any of these warranties.
License to use website
Unless otherwise stated, www.calypsofabrics.com.au and/or its licensors own the intellectual property rights published on this website and materials used on www.calypsofabrics.com.au. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website in neither print nor digital media or documents (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website;
- redistribute material from this website - except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.calypsofabrics.com.au or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this 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.
You must not conduct any systematic or automated data collection activities on or in relation to this website without www.calypsofabrics.com.au's express written consent.
This includes:
- scraping
- data mining
- data extraction
- data harvesting
- 'framing' (iframes)
- Article 'Spinning'
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of www.calypsofabrics.com.au.
Restricted access
Access to certain areas of this website is restricted. www.calypsofabrics.com.au reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. www.calypsofabrics.com.au may change or modify this policy without notice.
If www.calypsofabrics.com.au provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security...
www.calypsofabrics.com.au may disable your user ID and password at www.calypsofabrics.com.au's sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.
You grant to www.calypsofabrics.com.au a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to www.calypsofabrics.com.au the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or www.calypsofabrics.com.au or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
www.calypsofabrics.com.au reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.calypsofabrics.com.au, or hosted or published upon this website.
www.calypsofabrics.com.au's rights under these terms and conditions in relation to user content, www.calypsofabrics.com.au does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties on the information
This website is provided “as is” without any representations or warranties, express or implied. www.calypsofabrics.com.au makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, www.calypsofabrics.com.au does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate, or non-misleading.
Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
Limitations of liability
www.calypsofabrics.com.au will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if www.calypsofabrics.com.au has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit the liability of Calypso Fabrics in respect of any:
death or personal injury caused by the negligence of www.calypsofabrics.com.au or its agents, employees or shareholders/owners;
fraud or fraudulent misrepresentation on the part of www.calypsofabrics.com.au; or
the matter which it would be illegal or unlawful for www.calypsofabrics.com.au to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, www.calypsofabrics.com.au has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against www.calypsofabrics.com.au's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect www.calypsofabrics.com.au's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.calypsofabrics.com.au.
Unenforceable provisions
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify www.calypsofabrics.com.au and undertake to keep www.calypsofabrics.com.au indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by www.calypsofabrics.com.au to a third party in settlement of a claim or dispute on the advice of www.calypsofabrics.com.au's legal advisers) incurred or suffered by www.calypsofabrics.com.au arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to www.calypsofabrics.com.au's other rights under these terms and conditions, if you breach these terms and conditions in any way, www.calypsofabrics.com.au may take such action as www.calypsofabrics.com.au deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation and Reservation of Rights
www.calypsofabrics.com.au may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Any revision or change to any of these terms and conditions does not invalidate any other term or condition unless stated.
Assignment
Calypso Fabrics reserves the right to assign, transfer, sub-contract, or otherwise deal rights and/or obligations under these terms and conditions without prior notice nor consent. This right extends to Calypso Fabrics only and the customer does not reserve this right at any time.
Severability
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. If any unlawful and/or unenforceable provision 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.
Entire agreement
These terms and conditions, together with any other linked policy constitute the entire agreement between you and www.calypsofabrics.com.au in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Western Australia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Western Australia.
