Terms of Sale

Last Updated March 2023

These Terms of Sale (“Terms”) are incorporated into our Terms of Use and apply to all purchases made through our website, CamoFabricDepot.com (the “Site”), or as a result of visits made by you to the Site. By placing an order from this Site, you accept and are bound by these terms. These terms are subject to change by Camo Fabric Depot (“us”, “we”, or “our”) without prior written notice at any time, in our sole discretion. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

1. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to complete your order. After having received your order, we will send you a confirmation with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you, will not take place unless and until you have received your order confirmation. You may cancel your order at any time before we have sent confirmation by contacting us at sales@camofabricdepot.com.

2. Purchases

In order to purchase from us you must be over eighteen (18) years of age and possess a valid credit or debit card issued by a bank acceptable to us. We accept payment via Visa, MasterCard, and Discover Card. We will add the cost of any applicable taxes and shipping charges to your order. By purchasing from us, you represent that all the information you supply is true and accurate that you are the authorized user of the payment method provided.

Prior to the acceptance of any order, we will review and verify such purchase information. We reserve the right at any time after receipt of your order to accept, decline, or otherwise modify your order for any reason whatsoever.

Prices posted on our Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed.

3. Shipments; Delivery; Title and Risk of Loss

We will ship the products in your order to you. You will pay all shipping and handling charges specified during the ordering process. We reserve the right to, and may, utilize third parties to complete shipments of orders. To do so, we may share your information with such third parties in accordance with our Privacy Policy which you can access here: [LINK TO PRIVACY POLICY].

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4. Promotions

Periodically, we offer promotions on certain products ordered from our Site. These promotions may have certain restrictions or conditions for such promotion to apply that may include a minimum purchase requirement which would not include tax or shipping, or are only offered in a limited supply. We reserve the right to establish, change and otherwise condition such promotions at any time without notice. You may only use one promotion code per order. These promotions are not redeemable for cash and in some cases may only be used once per customer.

5. Availability

Will use reasonable efforts to ensure that all fabric offered by us on the Site is in stock. However, we provide no guarantee that the quantity of fabric you need will be available at any given time. If a particular fabric is out of stock, we will remove the item from the Site as soon as practicable until we can replace the stock. We reserve the right to limit purchase quantities.

6. Return Policy

You are responsible for all shipping and handling charges on returned items. We do not accept returns for custom cut fabric. Please read our full Return Policy by clicking here: https://camofabricdepot.com/return-policy/

7. Warranties, Disclaimers of Liability and Indemnity

We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site other than those limited warranties expressly stated in these Terms. Subject to and without limiting the foregoing, we warrant that all the products delivered to buyers shall materially conform to the description of the product on our Site. In the event that a product is listed with the incorrect price, we reserve the right to refuse or cancel any such order placed with the incorrect price, regardless of whether the order is being or has been processed. If the order has already been placed and your card has already been charged, we will refund the card for the amount of the incorrect price.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, THE PRODUCTS SOLD ON OUR WEBSITE ARE FURNISHED ON AN AS-IS BASIS. ALL PRODUCTS ARE OFFERED AND PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, IF YOU PURCHASE PRODUCTS FROM US, THESE DISCLAIMERS AND ASSUMPTIONS OF RISK APPLY TO YOU AND ANY SUBSEQUENT BUYERS TO WHOM YOU SELL YOUR PRODUCTS AND/OR SERVICES AS IT RELATES TO US AND OUR SUPPLIERS, MANUFACTURERS, BRAND PARTNERS, INTELLECTUAL PROPERTY HOLDERS AND ANY OTHERS FROM WHOM WE SOURCE OUR PRODUCTS OR GOODS.

WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. WE WILL NOT BE LIABLE, NOR WILL OUR SUPPLIERS, MANUFACTURERS, BRAND PARTNERS, INTELLECTUAL PROPERTY HOLDERS BE LIABLE, FOR NORMAL MANUFACTURING DEFECTS OR CUSTOMARY VARIATIONS FROM SPECIFICATIONS. WE DO NOT GUARANTEE EXACT MATCHING OF COLOR OR FADING RESISTANCE TO LIGHT, WATER RESISTANCE OR SUITABILITY FOR FURTHER PROCESSING. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM USAGE WITH ANY OTHER MATERIAL OR DEVICE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

WE DO NOT GUARANTEE THAT OUR PRODUCTS MEET ANY SPECIFIC FLAME-RETARDANT SPECIFICATIONS UNLESS SPECIFICALLY STATED ON OUR SITE.

IMPORTANT NOTE: THE FABRICS OFFERED BY US ARE NOT INTENDED FOR AND ARE NOT SUITABLE FOR CHILDREN’S SLEEPWEAR. THESE FABRICS DO NOT MEET FLAMMABILITY STANDARDS FOR CHILDREN’S SLEEPWEAR.

IN NO EVENT SHALL WE BE LIABLE FOR CLAIMS OF ANY DAMAGES, LOST PROFIT, LABOR COSTS OR ANY OTHER COST OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM THE SALE, RESALE OR USE OF THE FABRIC SOLD HEREUNDER.

You agree to indemnify, defend and hold harmless Camo Fabric Depot, its directors, officers_,employees, consultants, agents and affiliates from any and all third-party claims, liability, damages and/or costs arising from your use of this Site or fabric purchased from Camo Fabric Depot.

8. Remedies

Your remedies with respect to any fabric furnished by Camo Fabric Depot that is found not to be in material conformity with the description provided on the Site shall be limited exclusively to the right of replacement of such non-conforming fabric or, at our option, refund of the sale price of the fabric and subject to the terms of our Return Policy (https://camofabricdepot.com/return-policy/).

The remedies described above are your sole and exclusive remedies and our entire obligation and liability for any breach of warranty.

9. Use and Ownership

You will comply with all terms and conditions of the specific license agreement for any product you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products.

You will not cause, induce, or permit others’ noncompliance with the terms and conditions of any products offered on the Site.

10. Law and Jurisdiction

These terms of sale are to be governed by and interpreted in accordance with the substantive law of the State of Ohio to the extent permitted by law without regard to any conflict of law principles. The parties waive any right to a trial by jury and consent that any dispute may be heard and resolved in a state or federal court in the City of Akron, County of Summit and State of Ohio.

11. Privacy Policy

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase made through this Site. Please see our full privacy policy by clicking here: https://camofabricdepot.com/privacv-policy/.

12. Terms of Use

Our Terms of Use govern your use of this Site. Please read our full Terms of Use by clicking here: https://camofabricdepot.com/terms-of-use/

13. Miscellaneous

Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s reasonable control.

Waiver. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

14. Contact Information

Camo Fabric Depot
P.O. Box 7152, Akron, OH 44306
Tel: 330-784-4545
Email: sales@camofabricdepot.com

Hours: 9am – 5pm EST

Camo Fabric Depot will use commercially reasonable efforts to promptly respond and resolve any problem or question.