Online Sales Warranty

No Warranties; Exclusion of Liability

All goods sold by OCEAN FABRICS are PROVIDED “AS-IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Ocean Fabrics assumes no liability for results of the use of goods purchased from Ocean Fabrics Website, including, without limitation, their use in combination with other components, assemblies or products, or their suitability or unsuitability for a particular use or a particular environment Unless specifically indicated to the contrary, goods sold are not fire retardant and should not be exposed to intense heat or flame. Unless specifically indicated to the contrary, goods sold are not water resistant or waterproof. Ocean Fabrics neither undertakes to independently test nor makes any representation or warranty with respect to any manufacturer’s claims for performance for its products, including the claims of a manufacturer that its product is fire retardant, water resistant or waterproof. Any warranty given by any other manufacturer or supplier of goods sold or of component parts thereof is assigned by Ocean Fabrics to the Buyer to the extent permissible under law and the terms of such warranty. WITHOUT LIMITING THE FOREGOING, OCEAN FABRICS SHALL IN NO EVENT BE LIABLE FOR LOSS OF USE OR PROFIT, OR FOR OTHER COLLATERAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES.

About Our Brands

Any rights not expressly granted herein are reserved.

Sunbrella®, Sur Last®, Sunbrella® Horizon, Sunbrella® Canvas, Sunbrella® Sling and Sunbrella® SeaMark® are registered Trademarks of Glen Raven Inc.

Product Display

We have made every effort to display the colors and textures of our products as accurately as possible. However, we cannot guarantee 100% accuracy due to color inconsistencies in computer monitors.

About Fabrics

Coordinates

All fabric and thread color coordinates are simply suggestions. We recommend ordering fabric color samples before a final purchase.

Fabric Flaws

Ocean Fabrics is committed to only offering first quality fabrics; however, even first quality fabrics will have a few flaws. For example, Glen Raven (the manufacturer for Sunbrella, Firesist, Sur Last and SeaMark fabric) permits up to 6 flaws per roll on their first quality fabric (roughly 1 flaw for every 10 yards of fabric). In light of this policy, Ocean Fabrics’ vendors will make every effort to avoid sending a flaw with fabric cuts under 5 yards. If longer cuts are required, Ocean Fabrics recommends ordering additional fabric to compensate for the occasional flaw. Manufacturer flaw tags can be found on the edge of the fabric so the flaws can be avoided or inconspicuously placed when patterning your projects.

Samples

Samples are precut and not necessarily from the bolt of fabric and dye lot that you receive. Our vendors do not guarantee dye lots.

Warnings

WARNING: Some products can expose you to chemicals which are known to the State of California to cause cancer, birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.

Orders – Acceptance, Modification and Cancellation

All orders are subject to acceptance by Ocean Fabrics, and when so accepted shall constitute a contract. All orders are accepted subject to these Terms of Sale. Ocean Fabrics’ acceptance of an order is conditioned upon the waiver by Buyer of any terms and conditions which differ from, vary from, or add to, these Terms of Sale, which shall constitute the entire agreement of the parties as to the subject matter hereof. The specifications applicable to goods sold by Ocean Fabrics shall be Ocean Fabrics’ specifications, unless Buyer shall have furnished different specifications and Ocean Fabrics shall have agreed in writing to such specifications. Ocean Fabrics reserves the right to make changes or substitutions in the items ordered without the prior approval of or notification to the Buyer, as long as such changes do not adversely affect form, fit or function requirements. Orders may not be altered or modified by the Buyer except with the written consent of Ocean Fabrics. Ocean Fabrics, at its option, may cancel all or the remaining unfilled portion of any blanket or continuing order if (a) Buyer’s payments are in default; (b) Buyer breaches any material provision of Ocean Fabrics’ Terms of Sale; (c) substantial changes in materials or supplies occur; (d) causes beyond Ocean Fabrics control make it impossible to ensure shipment; (e) Buyer becomes insolvent or is subject to a petition in bankruptcy. The Buyer may cancel the remaining unfilled portion of any blanket or continuing order upon written notice to Ocean Fabrics and payment of reasonable cancellation charges, which charges shall take into account goods already produced or in process, expenses incurred by Ocean Fabrics in connection with the order, and commitments made by Ocean Fabrics, as a consequence of the order; provided, however, that the cancellation charges shall not exceed the purchase price of the cancelled portion of the order.

Price and Terms

Ocean Fabrics reserves the right to change prices if necessary due to price increases from original manufacturers.

Price Adjustments

If after placing an order from ocean-fabrics.com, you see that Ocean Fabrics has a current markdown on the price of any of the items in your order, we will gladly offer a price adjustment within 10 days of the date on which you placed your order. Price adjustments are only available on items originally purchased at full retail price where no promo codes were used (including free shipping promotions). Each item purchased is only eligible for one price adjustment.

To request a price adjustment, contact us and include your order details and the item(s) you believe are eligible for a price adjustment.

Shipping and Delivery

Ocean Fabrics shall not be liable for delays in production or delivery due to causes beyond its control, including but not limited to acts of God, acts of Buyer, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, quarantines, war, delays in transportation and inability due to causes beyond Ocean Fabrics control to obtain necessary labor, materials or manufacturing facilities. A shipping date given by Ocean Fabrics is an estimated date. In no event shall Ocean Fabrics be liable to the Buyer for loss of use or profit or any other collateral, incidental, punitive, special or consequential damages resulting from delays in production or delivery, whether or not due to causes beyond Ocean Fabrics control. In the event of shortage or damage incurred enroute, Buyer must make its complaint to the delivering transportation agency and file a claim against such agency. In the event of a shortage in packing, any claim against Ocean Fabrics must be made in writing within ten (10) days of receipt of the merchandise.

Sales Tax Information

Ocean Fabrics collects sales tax on all shipped orders going to all applicable states. Online retailer sales tax laws may change due to new legislation. Any tax you owe will be automatically calculated and added to your order total during the checkout process, whether you order by phone or online.

Other states require that their residents file a use tax return for items purchased out of state, unless exempt. Your purchase is not exempt merely because it is placed on the internet or by phone. You should visit your state’s Department of Revenue website and review tax laws to comply with your state’s tax laws. We also advise that you print and keep your order confirmation emails for your records in order to comply with any use taxes your state enforces.

Order Status & Tracking

Tracking an Order

Packages shipped by UPS are trackable. If a valid email address is provided, a shipping confirmation with tracking number will be sent when the order is shipped. Visit www.ups.com to enter the tracking number and check the progress of your shipment. Customize your delivery (ie. leave delivery instructions, change delivery address, receive status updates, sign for a package, etc.) by signing up for UPS My Choice® on their website. If you have not received a shipping confirmation, your order has not been shipped, the email address provided was invalid, or the email was blocked by your spam filter.

Order Confirmation

An email confirmation will be sent to you as soon as we receive your order. Another email will be sent notifying you when your order has been shipped (including a tracking number when available). If you have not received any emails from Ocean Fabrics, check your spam folder.

Backorders

If an item is backordered for less than 5 days we will hold the entire order to ship it complete. If the backorder is expected to take longer, we will typically ship what items are in stock and the backorder(s) when it arrives (you will not be charged any additional delivery if a backorder must be sent separately) unless otherwise specified by the customer. If a fabric sample is not available it will be removed from the order, it will not be backordered.

Lost, Damaged or Missing Items

If you think your package is lost, first check around the house or business and with neighbors to make sure they didn’t sign in your absence. UPS loss claims move rather quickly and a delivery signature (if available) can report who signed for the package.

If damage in shipping has occurred or if items are missing, contact us within 7 days. Save all packaging, without it a claim cannot be made. Inspect the shipping carton for holes, or crushed corners. Be prepared to describe the damage in detail. We may request digital photos of the box and its contents to help expedite a claim with the carrier on your behalf. Once a loss or damage claim is approved, we can resend the order or provide a credit.

Wrong Shipping Address

Be very careful when entering shipping addresses! If your order has not been shipped we may be able to update the delivery address. Paypal orders will need to be cancelled and placed again online. Once an order has been shipped, the delivery address cannot be changed. If the package is going to an address that you are unable to receive the package from, contact our office immediately and we will attempt to recall the package for return. Upon return we will refund the shipment cost minus return shipping as long as that is what our vendors allow us to do. You can place a new order for goods to be shipped to the proper address at your convenience.

Changing or Cancelling an Order

We can only make order changes if they are in Pending Approval status. Once an order has been sent to the warehouse for processing, it can no longer be modified and/or cancelled.

Returns of Goods from Non-Special Purchase Orders

Ocean Fabrics will accept returns of goods from non-Special Purchase Orders purchased from Ocean Fabrics website for up to 60 days from the date of invoice, subject to the following conditions:

1. Buyer must obtain an authorization from Ocean Fabrics prior to the return of any goods by contacting us through email or phone (see “Contact Us” section).

2. All returns are subject to a restocking fee of $15.00 or 15% handling charge (whichever is greater, not to exceed a total of $125.00);

3. No returns on fabric will be allowed if the goods have been altered, cut or combined with any other goods;

4. Goods must be returned in original packaging and be in the original condition; and

5. Buyer is responsible for the cost of return shipping to Ocean Fabrics, and for arranging the return shipment. If Buyer requests that Ocean Fabrics facilitate the return, and Ocean Fabrics agrees to facilitate the return, a return shipping charge of (a) 5% of the price paid for the goods returned, or (b) Ocean Fabrics’ vendors less-than-truckload shipping amount, whichever is higher, will be imposed on the Buyer.

Ocean Fabrics does not take title to returned items until the item arrives at a Ocean Fabrics facility. In no event shall the Buyer be entitled to any right of set-off against Ocean Fabrics.

OCEAN FABRICS DOES NOT ACCEPT RETURNS OF GOODS FROM SPECIAL PURCHASE ORDERS. A Special Purchase Order is any order that requires Ocean Fabrics to obtain a quote from a vendor/manufacturer, or any order that requires Ocean Fabrics to place a custom order with a vendor/manufacturer.

Payment Methods

We accept credit cards (Visa, MasterCard, Discover and American Express), checks, wire transfers (for orders over $500), or money orders in U.S. funds. Orders paid by check will be held for approximately 10 days or until the check clears. In the event your check is dishonored or returned for any reason, you authorize us to electronically (or by paper draft) re-present the check to your bank account for collection of the amount of the check, plus a $25.00 fee as permitted by state law. We do not allow CODs (Cash on Delivery).

Registered customers can keep credit card information on file for future orders. Check the “Save My Credit Card Information” box on the payment information screen when placing an online order. Refer to Account Information to learn how to register.

Credit Card Authorization & Verification

All online orders are subject to credit card authorization and verification. To avoid any delays with your order, please make sure all billing information you provide us exactly matches your credit card issuing bank records.

When you place your order, your credit card statement may show a pending charge that looks like it has been deducted from your account. This is an authorization hold your bank uses to reserve funds for your order. If your order is cancelled, your pending charges will be released within 3-7 days per your issuing credit card bank policies. You may contact your bank regarding authorization holds as policies may vary.

If your debit card is declined, please note that most banks have a daily purchase limit. Call your bank to verify if this is the case. Some banks will approve larger one-time purchases upon request.

Ocean Fabrics Coupon Codes & Gift Certificates

Ordering a Gift Certificate

Gift certificates are available for purchase by phone only. To order a gift certificate, give us a call. Gift certificates must be purchased on an account, so we will look up your existing account or create a new one for you.

You may have the gift certificate emailed to yourself or directly to a recipient of your choice. You can also leave a custom message for the recipient. After payment has been processed your recipient will receive an email from Ocean Fabrics containing a gift certificate code and your custom message.

Using a Coupon Code or Gift Certificate

Any promotion code or gift certificate number should be entered at the payment screen during online checkout or mentioned by phone during the order process. Any discounts will be applied to the total of your order and will be available for review before the order is submitted.

If you received a gift certificate as a part of a promotion and the qualifying purchase is returned, your gift certificate will be voided. If the gift certificate has already been used, your refund for the qualifying item will be less the gift certificate amount.

Gift certificates can be purchased over the phone or issued as a refund. They are transferable and can be used in conjunction with coupon codes. Limit one gift certificate per web store order. However, multiple gift certificate codes can be applied to one order over the phone. To check the balance on your gift certificate, just give us a call.

Purchased or gifted gift certificates expire after 120 days. All other gift certificates, including those issued for returned goods, expire after 90 days. Gift certificate expiration dates are listed in the confirmation email. If you return a purchase made using a gift certificate, your refund will be issued in a new gift certificate.

Gift certificates may be used to purchase any item from Ocean Fabrics’ website. Ocean Fabrics gift certificates cannot be redeemed for cash nor applied to an existing balance on a trade account.

Miscellaneous

If any goods or services ordered by Buyer are supplied by Ocean Fabrics in accordance with designs or specifications of the Buyer, and such goods are not Ocean Fabrics’ standard items or supplied in accordance with Ocean Fabrics’ standard processes, Buyer shall indemnify Ocean Fabrics from any expense, loss, damage or liability which may be incurred by Ocean Fabrics on account of any infringement or alleged infringement of any U.S. or foreign patent rights with respect to such goods or processes. The sale of goods by Ocean Fabrics does not convey a license, express or implied, under any patent in which Ocean Fabrics has an interest, nor does it convey rights to any descriptive data, including Ocean Fabrics’ vendors manufacturing drawings, processes or tooling.

THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES HEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN OCEAN FABRICS AND BUYER ARISING FROM OR RELATING TO THIS AGREEMENT, SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

Buyer irrevocably submits to the exclusive jurisdiction of the state and federal courts of the State of North Carolina for the resolution of any legal action arising out of this Agreement and irrevocably agrees that venue for such legal action shall lie exclusively in Alamance County, North Carolina, for any state court action, or in the Middle District of North Carolina for any action instituted within the federal court system.

Any provision hereunder that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

If the goods purchased are to be used in fulfilling a contract or a subcontract either with the U.S. Government or any agency thereof, Ocean Fabrics’ vendors will comply with all mandatory provisions of the Government applicable to Ocean Fabrics’ vendors if and only if Buyer gives Ocean Fabrics written notice of such provisions in sufficient time to permit compliance. In addition, Ocean Fabrics’ vendors may, at its option, adopt any provisions of the Armed Services Procurement Regulations or other federal laws or regulations applicable to or made available to subcontractors in the prime contract.