Thank you for visiting SymphonyFabrics.com. We hope you found a fabric to your liking on our web site and will visit our website again.

Please review the following Terms and Conditions ("Terms") carefully before using www.symphonyfabrics.com ("Web site") and before purchasing products or services ("Product"), or obtaining content from our website. These Terms have important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

This website is provided to the user ("you") by symphonyfabrics.com which is the website for Symphony Fabrics Corporation. The words "Company," "we," "us," "our" and "ours," when used in these terms refers to symphonyfabrics.com and Symphony Fabrics Corp.

1. Return Policy for Online and OTC Purchases Only

At Symphony Fabrics Corp., we want you to be completely satisfied. If, for any reason, you are not happy with your purchase, Symphony Fabrics Corp. will accept returns within 5 days of recieving your order under the following conditions:

• We do not accept returns on fabric or trim that has been cut, dyed or washed.
• We do not accept returns on small color variation. Please read our disclaimer about colors and dye lots below.
• We will accept returns for damaged goods once you send us a swatch of the damage.
• We only accept full returns. In other words, if you bought 50 yards, you must return the full 50 yards.
• We do not accept exchanges. Please return the item and make a separate purchase for a replacement.
• Upon company approval and receipt by you of a return authorizaiton number, you will be credited for the amount approved.

Returning Process:

• In order to submit a return, you must email us at info@symphonyfabrics.com or call our retail representative. A return authorization is required for all returns.
• Once your return is approved, send your package to the address listed below.
• Please send returns to this address:
  Service Distributors
  Attn: Symphony Fabrics
  35 Monhegan St., Clifton, NJ 07013

2. Privacy Policy

The Privacy Policy is a part of these Terms & Conditions. By agreeing to our Terms, you acknowledge that you have read and understood the terms of our Privacy Policy and that you agree with it. You are liable for any damages, including without limitation, direct, indirect, special, incidental, punitive, or consequential damages, that may result from any violation of the Privacy Policy. To view our Private Policy, please click here.

3. Agreement to Terms and Conditions of Use

These Terms apply to your use of the website. These Terms also apply to your purchase of products sold on the website. By using this website, accessing information on this website, ordering products or accepting delivery of a product, it means that you have read, understood, and have agreed to these Terms and it forms a legally binding agreement to these Terms. These Terms constitute the entire and only agreement between the Company and you regarding your use of this website. All prior or contemporaneous agreements, warranties and understandings regarding your use of this Web site, or your purchase of Product, are specifically disclaimed and superseded by these Terms. If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use our website.

Using this website (or portions of it) and the use of information, materials, products or services provided through the website, is prohibited, where such access or use violates applicable laws or regulations.

4. Amending the Terms and Website

We reserve the right to change these Terms and make changes to the website at any time, without prior notice to you or to other users of our website. Your continued use of our website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed.

5. Users Must Be 18 Years Old

Our Web site is a commercial and business website designed for use by persons age 18 or older. Anyone using SymphonyFabrics.com must be 18 years or older. If you are younger than age 18, then you are not authorized to use our website, and you are not authorized to submit or post any information, including without limitation, personally identifying information, on our Web site.

6. Personal Use Only

The material on our Web site is intended only for personal, non-commercial use. This includes material such as the projects, patterns, designs, written instructions, images, photographs, text, and design of our website as a whole. You are permitted to download or copy the materials on our website for your personal use only. No right, title or interest in any material is transferred to you when you download or copy material from our website. We retain all intellectual property rights in the material(s) that you download. You may not in any manner modify, copy, transmit, display, post, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create a derivative work from, or make other use of, the content of this website. No part of any content, form, project, pattern, design, written instruction, image, photograph, text or document accessible on our website may be reproduced in any form, or incorporated into any information retrieval system, electronic or mechanical.

The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be a criminal offense or violation of any law is prohibited.
(e) You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent to us that you are buying Product only for your own use and not for resale or export.
(f) We reserve the right, in our sole discretion and judgment and without liability of any kind to you, to terminate, change, or suspend your access to the Web site for any reason, at any time, without notice.
(g) Your order is subject to cancellation by the Company, at the Company's sole discretion.

7. Responsibility for Errors

Our website may contain errors, may be missing information or may not be current. We reserve the right to correct any errors or omissions and to update information at any time without prior notice. Corrections or updates may occur after you have submitted an order from our website. In that event, we will attempt to contact you with the correct information before processing your order. If we are unable to contact you with the correct information, then you may return the item according to our return policy. If an item is listed at an incorrect price or with incorrect information, then at our sole discretion we reserve the right: to refuse orders for that item, to contact you for instructions, or cancel your order and notify you of the cancellation. We reserve the right to limit quantities, even after you have submitted an order from our Web site. We apologize for any inconvenience that this may cause you.

8. Copyright Infringement

The content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion, and all other matters related to the Web site, including without limitation, the "look and feel" of this Web site, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property, or are included with the permission of the owner, and are protected under copyright and trademark laws. You do not acquire ownership rights when viewing this Web site. You cannot use, copy, distribute, display, publish, transmit or create derivative works of any content or material on this Web site, except as expressly permitted by these Terms. All software used on this Web site is the property of SymphonyFabrics.com and is protected by U.S. and international copyright laws.

All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress and trade names displayed, cited or otherwise indicated on this Web site are trademarks of ours, or of our affiliates, or of other third parties. The copying, redistribution, use or publication of our marks or any third party marks is prohibited.

9. Colors and Dye Lots

Colors are not guaranteed. Due to color variability in computer and screen monitors, we have no liability if the actual colors of the products do not match their display on the website. If you are looking for a very specific color, please feel free to order a swatch or come to our showroom. We try our best to give the PANTONE number of the color online, so if you do not have time order a color card, you will be able to match the color to a PANTONE color number. Lastly. there are times when dye lots vary from color to color. Please keep in mind that their might be slight discrepencies in dye lots and we are not responsble for these slight discrepencies. 

10. Prints

All our prints are trademarked and are property of Symphony Fabrics. Any prints that are copied, used, or redistributed without the consent of Symphony Fabrics are in violation of Symphony's trademark and may result in prosecution. 

11. 5% Fabric Disclaimer

Due to the variations in roll size, we reserve the right to give you within 5% of the total fabric ordered. For example, if you order 50 yards of a fabric, you may recieve between 48-52 yards of the fabric. Although we do our best to give you the exact fabric amount, the fabric rolls are not always exact.

12. Pantone® Color Matching

We do our best to match Pantone® Colors to our fabrics. We do this to make it easier for our customers. Although we match the closest color, we are not responsible for any mismatching of Panton® colors. Please be aware that the color may not be exact to the colors of the fabrics. There may be differences in color matching. For more information about Pantone LLC and PANTONE® Products, visit www.pantone.com.

13. Discontinued Product

We reserve the right to change and discontinue products at any time without notice to you, and this may affect information saved in any sales through our online shopping cart.

14. Sales Tax

We must collect sales tax on shipments within New York and New Jersey. The tax rate is based on the tax rate of the destination address. If you have a sales tax exemption, please contact us at info@symphonyfabrics.com. 

15. Ordering Disclaimer

In order to prevent you from ordering fabric that you are not interested in, please email or call us about fabric pricing. We do this to make sure you are fully aware of what the pricing and quality of our fabric is. If you do place an order without discussing it with us, we will void the order unless it is confirmed by our customer service representatives.

16. Disclaimer of Warranties and Limitation of Liability

(A) THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR WEB SITE AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR WEB SITE. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR WEB SITE IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS.
(B) WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, THE PROVISION OF SERVICES AND SUPPORT, LOSS OF, OR DAMAGE TO, PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR NATURE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT:RESULTS FROM PRODUCT NOT BEING AVAILABLE FOR USE,

RESULTS FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR

IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

(C) YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
(D) YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE PURCHASE PRICE (PLUS SHIPPING, IF APPLICABLE) INVOICED FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, WILL NOT EXCEED $100 U.S. CURRENCY. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THE REMEDIES SET FORTH IN THESE TERMS APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
(E) NOTE: THE ABOVE DISCLAIMERS DO NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT.
(G) YOU ACKNOWLEDGE THAT THIS WEB SITE AND THE INFORMATION PROVIDED AT THIS WEB SITE WOULD NOT BE PROVIDED BY THE COMPANY WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.

16. Indemnification

By using our website, you agree to defend, indemnify and hold Symphony Fabrics harmless from and against any claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or your violation of any of these Terms and Conditions.

17. Use of Information Provided by the User

We reserve the right and you authorize us, to use all information regarding your use of this website and all information provided by you in any manner consistent with our Privacy Policy. By submitting material to us, you automatically grant, or warrant that the owner of such material has expressly granted the Company, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Web site to access, view, and store or reproduce the material for that user's personal use. You grant the Company the right to edit, copy, display, publish and distribute any materials made available on the Web site by you.

18. Restricted Areas on the Website

Access to and use of password protected and/or secure areas of the website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.

19. Use of Product Sold On Our Website

We will have no responsibility or liability for your use of any of the content or products provided on our website. 

This document was last updated in November 2011.