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Terms Of Use

Thank you for visiting www.vinylsurplus.com (the "site"). Vinyl Surplus ("we," "us," "our") wants you, as a visitor to the site ("you") to have a positive experience, so we have established the following terms and conditions so that we both are aware of what to expect from each other. By using the site you agree to be bound by these Terms of Use. We may make changes to the site, these Terms of Use, or the policies and conditions that govern the use of the site at any time. We encourage you to review these terms periodically for any updates or changes. Your continued access or use of the site shall be deemed your acceptance of these changes.

About Our Products

All fabrics sold on Vinyl Surplus are first quality.

Please examine material carefully for color, quality, and yardage. No return or damage claims will be allowed after material has been cut.

The minimum order is one yard.

Please be aware that every monitor displays colors differently. We do not guarantee dye lot.

We reserve the right to refuse orders submitted with incomplete information.

All pricing on www.vinylsurplus.com is valid only on orders placed through the website.

Despite our best efforts, we are not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Shipping

Orders normally ship within two business days from time of order receipt.

Money Back Guarantee

Your satisfaction is important to us and we realize that there may be circumstances in which you need to return an item. Even though cut fabric is a custom product, any customer who is dissatisfied with a purchase may receive a refund or store credit on fabric. Refunds may be applied to all products sold, except for the products/conditions listed below or on our Return Policy page.

All returned items must be in unopened, unmarked and uncut by the purchaser, and must be received within 30 days of receipt.

All Sale Items are not returnable.

We do not refund shipping costs.

Items returned to us in a non-saleable condition will be returned to sender, and no refund will be given.

If your order is deemed returnable, you will receive a refund of your order less shipping charges.

To ensure full credit for your returns, please contact us.

Sale Items

Sale items cannot be restocked. Quantities are limited to the inventory listed on a sale item. Please note this stock may be made up of multiple pieces of fabric and a continuous piece of fabric is not guaranteed. Despite our best efforts, the inventory may not be 100% accurate by the time the end of the roll is reached, therefore, we cannot guarantee total item availability.

All sale items are not returnable.

Privacy

Please review our Privacy Policy which also governs your use of our site and the information you provide to us, to understand our practices.

Electronic Communications

When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Account Obligations

In consideration of your use of the site, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information"); and (2) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the site. Account Information and certain other information about you are subject to our Privacy Policy. For more information, please see our full privacy policy page.

You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Site Content

You acknowledge that Vinyl Surplus contains information, data, software, photographs, graphics, videos, text, images, typefaces and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, including trademarks, without obtaining permission of the owner of the copyright or other proprietary right. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes.

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

identification of the URL or other specific location on the Site where the material that you claim is infringing is located;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You should send this information to service@vinylsurplus.com.

Limitation of Liability and Disclaimer

The site is provided on an "as is" basis, and www.vinylsurplus.com makes no warranties, express or implied, regarding the site or the products sold on the site. VinylSurplus.com hereby expressly disclaims all implied warranties, including, without limitation, the warranties of title, non-infringement and fitness for a particular purpose, with regard to the site and the products offered for sale on the site. Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (1) the use of or inability to use the site; (2) the cost of procurement of substitute goods and services resulting from your use of the site;(3) unauthorized access to or alteration of your transmissions or data; (4) any other matter relating to the site. You hereby acknowledge that this paragraph shall apply to all content and merchandise available through the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the site, your connection to the site, your violation of the Terms of Use, or your violation of any rights of another.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Our Rights

We may terminate your access, or suspend your access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or us.

Applicable Laws

We control the site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Termination

These terms are effective until terminated by either party; provided that we may unilaterally change these terms with or without notice at any time. These terms of use may be updated from time to time, so it is recommended that you check back to review such terms of use intermittently. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Taxes

We will add the cost of any applicable taxes on to your order from us.

Miscellaneous

These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legally binding effect.