Terms & Conditions

Last updated: 26 July, 2024

Overview

These Terms of Use, along with the information and policies contained in the Privacy Policy, and any other documents referred to herein (collectively, these “Terms”) set out the legal terms and conditions applicable to your (“You” or “Your”) use of our website thefatesloom.com (the “Site”), any of its subdomains, and any other websites operated by our company or on our behalf and any other services we offer.

This Site is owned and operated by The Fates’ Loom Ltd. (“The Fates’ Loom,” “Us,” “Our,” or “We”), a company registered in England and Wales with company number 15471014 and its registered office at 7 Bell Yard, London, England, WC2A 2JR. You may use this Site only subject to Your acceptance of and compliance with these Terms. If You do not agree with these Terms, You may not use the Site. If You use the Site, or if You order merchandise through the Site, We accept this as Your acknowledgement and acceptance of these Terms.

You acknowledge that Your use of the Site is at Our discretion, and Your license to use the Site may be terminated by Us at any time. We reserve the right, at Our sole discretion, to refuse service and to alter or delete any material submitted to the Site through Our forms.

Section 1 – Use of the Site

Eligibility: You must be at least 18 years old to use the Site and services. By using the Site and services, You represent and warrant that You meet this eligibility requirement.

Prohibited Uses: You agree not to use the Site for any unlawful or unauthorized purposes. You shall not engage in any activity that could harm, disrupt, or interfere with the Site or services, including but not limited to:

• Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
• Using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
• Misusing the Site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attacking the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Us, may harm The Fates’ Loom Ltd. or users of the Site, or expose them to liability.

Section 2 – Purpose of the Site

The purpose of the Site is to allow You to commission a custom rug (“Custom Rug”) woven according to Your personalized rug design (“Custom Rug Design”) from The Fates’ Loom Ltd. for Your personal use (“Services”).

Section 3 – Services

Rug Customization Process: We offer Custom Rug Services based on the information You provide, including but not limited to date of birth, rug style, design preferences. You will be considered a “Customer” of The Fates’ Loom Ltd if You complete the online rug customization process, submit the designated payment, and if We accept Your order request. Upon receipt and acceptance of Your rug customization order, We will customize a rug design based on the information and specifications You have provided to Us. We reserve the right to decline any order or to not honor specific content or order requests that would violate these Terms.

Upon delivery of the Custom Rug Design, We grant You a perpetual, worldwide, royalty-free, nonexclusive license to the Custom Rug Design for Your personal use only. You shall have no right to copy, sell, lease, publicly display, license, distribute, or otherwise grant rights in and to the Custom Rug Design to others. Additional license rights, including commercial use rights, may be granted by Us to You upon request. No ownership rights in or to the Custom Rug Design will be transferred, assigned, or sold to You unless otherwise agreed upon in writing.

You must provide accurate and complete information during the rug customization process, and ensure that the information You provide is up-to-date. You are responsible for complying with all applicable laws and regulations in Your use of the Custom Rug Design, and We will not be liable for any breach of these laws by You.

Rug Order Process: To place an order for a rug woven according to Your Custom Rug Design or Our flatweave rug design, You must complete Our rug order form with accurate and complete information. Upon receipt of Your rug order form, We will confirm the details and provide a quotation for Your Custom Rug. If You agree with Our quotation, We will proceed with the weaving of Your Custom Rug. All orders are subject to Our acceptance, and We reserve the right to refuse any order at Our discretion.

Section 4 – Pricing and Payment

Pricing: The prices for Our Custom Rugs are not listed on the Site and vary based on factors such as material, size, and knot density. We will provide You with a detailed quotation once We have received all necessary customization details from You. All prices are subject to change without notice, but any such changes will not affect orders for which We have already sent You a quotation.

Design License Fee: We charge a fixed fee of $250 for the personal use license of a Custom Rug Design. This fee is separate from the overall cost of Your Custom Rug order. After the design license fee is paid, We will provide You with a journal containing Your Custom Rug Design and its explanation for personal use. The Custom Rug Design and the contents of the journal will be completed within three (3) days.

Payment Terms: Payment for Custom Rug orders is due in two installments: fifty percent (50%) of the total cost is due before the commencement of the rug weaving process, and the remaining fifty percent (50%) is due upon completion of the rug. We accept payments through Stripe. Your payment information will be processed securely, and We do not store or have access to Your credit card details.

Section 5 – Shipping and Delivery

Shipping: We offer free international shipping (excluding customs and import duties) for all Our Custom Rugs. We will notify You once Your Custom Rug has been shipped and provide You with a tracking number.

Delivery: Delivery times vary based on Your location and the complexity of Your Custom Rug order. We will deliver the goods ordered by You to the address that You give Us during Your order process. We cannot accept liability or costs incurred due to failed or delayed deliveries where goods are sent directly from Our manufacturers or for delays in the delivery caused by any third party. Goods returned described as undeliverable or not called for will be subject to a redelivery charge.

Customs and Import Duties: Customers is responsible for paying any import duties and taxes that are levied on products ordered from the Site and delivered to Your destination. We cannot predict the amount of these charges, and Customers should contact their local customs office for more information before placing their order. Customers must comply with all applicable laws and regulations in the country where the products are being delivered, and The Fates’ Loom Ltd. will not be liable for any breach of these laws by the Customer.

Section 6 – Refund Policy

Refunds: Due to the personalized nature of Our Custom Rug Designs and Custom Rugs, all sales are final. Since all Our rugs and rug designs are personalized or custom made to Your requirements, We cannot offer refunds. Should You decide to cancel either Your Custom Rug Design order or Your Custom Rug order, You may do so within 24 hours of paying for the order, minus a 15% service and processing fee.

Faulty or Not as Described: If Your Custom Rug is faulty or not as described in a manner that deviates significantly from Our specifications and Custom Rug Designs, You may be entitled to a refund. Please note that due to the hand-made nature of Our rugs, slight variations in color, size and design are expected and do not constitute a fault.

Notification of Issues: You must notify Us of any faulty, defective, or incorrect items within 72 hours of delivery.

Return Procedure: If the goods delivered are faulty or not as described in a manner that deviates significantly from Our specifications and descriptions, You may return the goods within 7 days of receiving them, in an unused state, complete with packaging and all components. We will refund You the price You paid for that product, including postage and packaging. Refunds for items bought as gifts can only be given to the original purchaser. You must contact Us by email before returning the goods.

Section 7 – Intellectual Property

Ownership: You acknowledge, understand and agree that all content on the Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is and will remain the property of The Fates’ Loom Ltd. or its content suppliers and is protected by UK and international copyright laws, and the Site’s trade dress is owned by The Fates’ Loom.

Registered Design: The Fates’ kilim is Our flatweave rug design registered with the UK Intellectual Property Office (IPO).

Section 8 – Conformity of Goods

Please be advised that due to the nature of Our Services, the designs presented both on the Site and in Our Custom Rug Design journals are digital representations. As these are not physical rugs, slight variations in color, design, and size may occur when the actual rug is woven. While We strive to provide You with the Custom Rugs woven accurately according to Custom Rug Designs, please note that the specifications and images are for illustrative purposes only and may not perfectly match the final product.

Section 9 – Warranty and Disclaimer

Limitation of Liability: To the fullest extent permitted by applicable law, The Fates’ Loom Ltd. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) Your use or inability to use the Site; (ii) any unauthorized access to or use of Our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Site; (iv) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Your use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not We have been advised of the possibility of such damages.

No Warranty: The Services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components.

Section 10 – Privacy Policy

You acknowledge that You have read and agreed to Our Privacy Policy, which is available here. 

Section 11 – Written Communications

By using the Site, You acknowledge that communication with Us will primarily be conducted electronically. You agree to receive electronic communications for the purposes of fulfilling Our Services and acknowledge that all electronic notices, information, and communications comply with the legal requirement for written communication.

Section 12 – Changes to These Terms

We may update these Terms from time to time to reflect changes in Our practices or for legal or regulatory reasons. We will post any updates on this page with an updated effective date. Your continued use of the Site and Services after any changes to these Terms constitutes Your acceptance of the updated Terms.

Section 13 – Assignability

The agreement between You and Us is enforceable by both parties and by any future successors or assigns. You are not authorized to transfer, delegate, encumber, or dispose of the agreement or any of Your rights or obligations under it, without Our prior written consent. We reserve the right to transfer, delegate, encumber, subcontract, or dispose of the agreement or any of Our rights or obligations arising from it, at any time during the duration of the agreement.

Section 14 – Severability

Each of the sections and paragraphs of these Terms and Conditions operates on its own. If any court of law or relevant authority deems any of them as unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

Section 15 – Force Majeure

We are not responsible for any failure to fulfill or delay in fulfilling Our obligations under a contract caused by a Force Majeure Event, including but not limited to strikes, civil unrest, terrorism, natural disasters, or governmental restrictions. Our performance under any contract is suspended during the Force Majeure Event, and We will seek to resolve the situation or find an alternative solution to fulfill Our obligations.

Section 16 – Resolution of Disputes

The laws of the United Kingdom will govern these Terms and any dispute of any sort that may arise between Us. Regardless of where You access this Site, You agree that any action arising out of Your use of the Site must be brought in the courts serving London, UK, and You hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.

Section 17 – Indemnity

By accessing the Site, You agree to indemnify and hold Us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with Your use of the Site or products.

Section 18 – Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in England and Wales to resolve any dispute arising out of or relating to these Terms and Conditions or the use of the Site.

Section 19 – Contact Us

If You have any questions or concerns about these Terms or Our Services, please contact Us at:

The Fates’ Loom Ltd.
Email: contact@thefatesloom.com