Terms of Use

 

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.PHEEFABRICS.COM (THE "SITE") OR ANY SERVICE OFFERED BY PHEE INC. ("PHEE FABRICS," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY PHEE SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY PHEE FABRICS SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

This Agreement applies to all Site visitors and users of the Site orPhee Fabrics Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or anyPhee Service. If you have any questions,  email us at customer.service@pheefabrics.com.

  1. WELCOME TO PHEE FABRICS!
    Phee Fabrics operates an online textile community on the Site and on social networking platforms controlled by Phee such as the Phee Fabrics Facebook® and Google+ pages, the Phee FabricsInstagram® and Pinterest® boards, the Phee Fabrics Twitter® feed and the Phee Fabrics YouTube channel (collectively, the "Phee Fabrics Online Community"). Our community is a place for you to express your unique style and beauty.
There is no payment required to become a Phee Fabrics member.
You are not required to use social media at all to become a Phee follower. We hope you share your unique makes with others sewists in  Online Community, but you are not required to do so.
Phee Fabrics offers its community members three subscription services: PFRE/ Small Subscriptions, Regional/Medium Subscription, PFRMB/Large Purchase points, Phee Fabrics Offers. By subscribing to eitherthe subscription boxes or making a purchase or both, you become a Phee Fabrics Member.
  1.  
    Monthly Subscription:  By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.
  2. AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe Phee Fabrics will automatically process your Monthly Subscription fee in the next billing cycle. Phee Fabrics will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".
  3. You may cancel your Monthly Subscription at any time by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures described there. If you need help, feel free to email us at customer.service@pheefabrics.com. If you cancel your Monthly Subscription, the cancellation will take effect for your next Phee Fabrics Box monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.
  4. If you cancel your Phee Fabrics Subscription Box you can re-subscribe any time, subject to the waitlist.
  5. No Returns: You may not return any Phee Fabrics you receive. If you have concerns about the Phee Fabrics Subscription Box you have received or any of the products in it, please email customer.service@pheefabrics.com We will work with you to address your concerns.
  6. Add-ons: As a Phee Fabrics Member, you will have the opportunity to select additional products to be included in your order for an additional price. The add-ons you purchase, if any, will be shipped with your Phee Fabrics order to the shipping address on file. Because add-ons require additional steps to prepare, add-ons may cause a slight delay in the shipment process.
  7. Points Program

    Earning Points: To earn Points, you must be an active Phee Fabrics Member. You can earn Points in a variety of ways, including purchases, your birthday, signing up and referring your friends to Phee Fabrics. Check out the Site's Points tab for more information.

    Refer a Friend: You may earn points by referring a friend to purchase from Phee Fabrics through one of the referral methods described at the Site’s Points tab.  While you may send referral messages to as many friends as you like, you may only earn points for a maximum of 40 friends per calendar year who purchase from Phee Fabrics from your referral through email, text messages, or direct messaging through Facebook or Twitter. For purposes of this program, a calendar year is January 1 to December 31.

    Points Balance: You can check your Points balance at any time by signing into your ipsy account and checking your Points tab on the Site.

    Redeeming Points: To redeem Points you must have an active Phee Fabrics rewards account.  Any earned Points remain in your account until they expire. Points are redeemable towards fabric and notions ("Rewards") available on the Site as long as you have sufficient points for a Reward. Points can be used to redeem only one of each type of Reward. Redemption values will vary.  Your Points have zero cash value, so you can't redeem them for cash or credit. To redeem your Points, simply log into your account, go to the Points tab and view the Rewards available at that time. If you see something you like and you have earned the required number of Points, click the button that says "REDEEM". When you click this button, your Points will be used, and the Reward you have chosen will be shipped in your Phee Fabrics order. Please note that adding a product through Points may cause a delay in your shipment.

    Expiration of Points: Points expire one year from the date they were first earned even if you have an active Membership. If you don't redeem your Points within this time frame, you will automatically forfeit them. Your Points Activity shows you the dates on which you earned your Points.

    Limited Availability of Rewards: Rewards quantities are limited and are available only while supplies last.

    No Returns: Rewards earned by redeeming points are not returnable for a refund or credit. Since Points have no cash value, we will not issue any cash or credit for them.

    Effect of Membership Cancellation: If you cancel your Membership, we will save your Points until their expiration date one year from the date they were first earned. If you re-subscribe to the membership before the Points expire, your Points will be right there waiting for you, though they will be subject to expiration one year from the date they were first earned (see "Expiration of Points" Section above). If you cancel your Membership before we are able to ship you a Reward you requested, then we will refund the Points used for that Reward to your account.

    Questions: If you have any questions about the Points program, please visit us at customer.service@pheefabrics.com

  8. Returns: If you are not entirely happy with your Phee Fabrics order, you may return it to Phee Fabrics within 3 days of your purchase delivery. All returned Phee Fabrics must be unused, unwashed, in their original packaging, in new and sellable condition. Phee Fabrics will refund the purchase price back to the credit card you used, less a 10% restocking fee. Refunds may take up to five business days to process. Return shipping are the responsibility of the consumer. We will not refund shipping charges.

  9. Product Availability. Because Phee Fabrics is a marketplace that allows you to take advantage of the highest quality fabrics, we make efforts to ensure products displayed through Phee Fabrics are available for purchase, but we cannot guarantee inventory count accuracy. Also, although we make every effort to display the product as it looks in real life, it’s not always possible to make it perfect every time. Screen displays and different viewing options mean your colors may display differently than the actual product. Phee Fabrics is not responsible for the display of any color, texture or detail of its merchandise on your mobile or device screen and cannot and does not guarantee the accuracy of any representation. If you are dissatisfied with any item you purchase through Phee Fabrics, please contact a member of our customer service team at customer.service@pheefabrics.com. You may also want to review our Return Policy below.

  10. We try to keep our warehouse tidy and up to date. Once we are alerted that an item is out of stock, we will attempt to remove the item promptly from display, but please be aware that display of an item is not a guarantee that the item is currently in stock nor is it a guarantee that the item will be available later. If you cannot find a particular item that you saw on an earlier visit, it’s probably out of stock. 

    Pricing and Use in the United States. Prices are in United States ("U.S.") currency. All information we collect and information related to orders through Phee Fabrics is processed within the United States. Because product information. You agree to comply with all applicable laws, rules and regulations in connection with your use of Phee Fabrics. 

    Rebates, Coupons, and Special Offers.  From time to time, Phee Fabrics will give you the opportunity to take advantage of special offers (collectively "Shopper Offers") on PheeFabrics.com. All Shopper Offers are for a limited time only and while supplies last. The terms of these offers will be displayed in the area where you see the Shopper Offers, including their expiration dates and any other limitation or clarifications about how to redeem the Shopper Offers, including the item(s) eligible for the Shopper Offers. Shopper Offers are only for the products or services listed and unless otherwise indicated, for a single purchase or a single item per natural person. Coupons may not be used more than once, in most cases. Coupons and special offers may not be redeemed for cash, unless otherwise indicated. 

     

    You agree to indemnify and hold Phee Fabrics, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of your Phee Fabrics purchases.

    Cancellations, Returns or Exchanges.Not happy?  Please check the return and exchange policy for the order you purchased for whether you can cancel, return, or exchange an order. 

  11. ELIGIBILITY TO USE THE SITE AND PHEE FABRICS SERVICES

    General: You may access the Site from anywhere in the world without incurring any fees or becoming a Phee Fabrics Member. 

    Residency: The Site is available to anyone in the world, but the Subscription Box Services are limited to legal residents of the United States, APO or Canada.  

    Fees: It's free to use the Site and earn Points, but the Phee Fabrics Subscriptions require that you pay a fee or make a purchase.

    Age: You are not authorized to access or use the Site or any Phee Fabrics if you are under 13 years old. Individuals under 18 years old must at all times use the Site and Phee Fabrics only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or Phee Fabrics Subscription Member, if applicable) and will be responsible for any and all use of the Site and Phee Fabrics by the individual under 18.

    Compliance: To be eligible to use the Site and Phee Fabrics, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use

    Phee Fabrics Right to Revoke, Suspend, or Restrict Eligibility: Phee Fabrics reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Phee Fabrics may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Phee Fabrics Service. If  Phee Fabrics bans you from the Site or any Phee Service, you may not return to the Site or use that Phee Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the Phee Service after you've been banned, you will be deemed to have breached this Agreement, and Phee Fabrics reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

  12. GENERAL TERMS OF USE FOR OUR SITE AND ALL THE PHEE FABRICS SERVICES

    Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify Phee Fabrics of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. Phee Fabrics will not be liable for any loss or damage arising from your failure to comply with this Section.

    Account Information: In the course of your use of the Site or Phee Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. Phee Fabrics privacy policy which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

    Account Transfer Prohibited: You may not transfer or sell your Phee Fabrics account or username to any other party. You are fully responsible for all activity of your Phee Fabrics account and username.

    General Practices Regarding Site Use and Storage: You acknowledge that Phee Fabrics may establish general practices and limits concerning Site use and storage. You agree that Phee Fabrics has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that Phee Fabrics may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.

    Site Content: Other than content submitted to the Phee Fabrics Online Community by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without Phee Fabrics's prior written permission.

    You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

    User Content: You must own all User Content you submit to any Phee Fabrics Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the Phee Fabrics Online Community and you submit User Content at your own risk.

    Phee Fabrics does not claim ownership rights in your User Content. When you submit User Content to any Phee Fabrics Online Community you grant us a license to use such content, but you retain ownership.

    By uploading User Content on the Site, you grant Phee Fabrics a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow Phee Fabrics to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way Phee Fabrics chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Policy.

    Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold Phee Fabrics harmless for any dispute concerning such re-posting. Phee Fabrics assumes no responsibility for any third party's intellectual property infringement of User Content.

    Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the Phee Fabrics Online Community or through the Phee Fabrics Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear in the Phee Fabrics Online Community or through the Phee Fabrics Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed in the Phee Fabrics Online Community without our written permission or that of the third-party rights holder.

    Prohibited User Conduct: You agree that while using the Site and Phee Fabrics Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Phee Fabrics or its affiliates; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Phee Fabrics Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or Phee Fabrics Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.

    Information on the Phee Fabrics Online Community: We control and operate the Site from the United States. Phee Fabrics does not control User Content postings to the remainder of the Phee Fabrics Online Community. The views expressed in the Phee Fabrics Online Community do not necessarily reflect or represent the views of Phee Fabrics , its staff or sewists.

    Phee Fabrics reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the Phee Fabrics Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. ipsy also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

    You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact us at customer.service@pheefabrics.com. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact us at customer.service@pheefabrics.com. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Intellectual Property Policy.

    Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

    Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each Phee Fabrics Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to Phee Fabrics as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Phee Fabrics does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

    • AUTOMATIC RENEWAL TERMS: For Phee Fabrics Services subject to automatic renewal, you agree thatPhee Fabrics may submit periodic charges (monthly or yearly) until you provide notice that you wish to terminate the authorization or change your payment method. You agree that such notice will not affect charges submitted before Phee Fabrics could reasonably act.

    Our total price for any Phee Fabrics Service involving your purchase of a product (Subscription Boxes and Phee Fabrics services) will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with Phee Fabrics and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. Further, Points redeemable for Rewards may be taxable, depending on the value of the item and any tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.

    Unless otherwise indicated, our total price for any Phee Fabrics involving your purchase of a product will not include shipping and handling fees. 

    Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

    Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.

    Warranty Disclaimer: PHEE FABRICS AND PHEE FABRICS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND PHEE FABRICS SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PHEE FABRICS AND PHEE'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM PHEE FABRICS TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

    YOU AGREE THAT YOUR USE OF THE SITE, THE PHEE FABRICS ONLINE COMMUNITY, AND THE PHEE FABRICS SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT PHEE FABRICS HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

    Liability Limit: IN NO EVENT SHALL PHEE FABRICS OR PHEE FABRICS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR PHEE FABRICS SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

    THE LIABILITY OF PHEE FABRICS AND PHEE FABRICS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO PHEE FABRICS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Indemnity: YOU AGREE TO INDEMNIFY AND HOLD PHEE FABRICS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. PHEE FABRICS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH PHEE FABRICS DEFENSE OF SUCH CLAIM.

    LEGAL DISPUTES

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PHEE FABRICS HAVE AGAINST EACH OTHER ARE RESOLVED.

    If a dispute arises between you and Phee Fabrics, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact our customer support team by sending us an email at customer.service@pheefabrics.com.  Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

    If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and  Phee Fabrics all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using  Phee Fabrics, are no longer an  Phee Fabrics Subscription Box Subscriber, and/or have deleted your  Phee Fabrics account. 

    An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and  Phee Fabrics each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings.  For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award.  If either  Phee Fabrics or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

    If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

    Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.

    YOU AND PHEE FABRICS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND  PHEE FABRICS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

    If a dispute arises between you and Phee Fabrics, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact our customer support team by sending us an email at customer.service@pheefabrics.com  Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

    If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and Phee Fabrics all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using Phee Fabrics, are no longer a Phee Fabrics  Monthly Subscriber, and/or have deleted your Phee Fabrics account. 

    An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and Phee Fabrics each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings.  For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award.  If either Phee Fabrics or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

    If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

    Exceptions to Agreement to Arbitrate.

    We all agree that we will go to court to resolve disputes relating to:

    • Your or Phee Fabrics intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
    • Any claim made in small claims court either in Palm Beach County, Florida, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.
    No Class Actions.

    We all agree that we can only bring a claim against each other on an individual basis.

    That means:
    • Neither you nor Phee Fabrics can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
    • The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
    • The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.

    The Arbitration Process.

    The American Arbitration Association (AAA) will manage the arbitration between you and Phee Fabrics, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.

    You are allowed to select the arbitration location as being in the county or province where you live or in Palm Beach County, Florida.  We can also choose a third location if we mutually agree. 

    If your claim is for less than $100 (US), you do not need to attend the arbitration in person.  You can have a hearing by phone. If your claim is for more than $100, we will look to and follow the AAA for guidance.

    While most arbitrators render a verbal decision, both you and Phee Fabrics have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, Phee Fabrics and/or you can ask a court to confirm it.  In some very limited circumstances, we may be allowed to ask a court to change the decision or award.  This is information you will be provided should the arbitration process prove unsatisfactory.

     

    Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and additional terms that ipsy may publish from time to time on the Site, constitutes the entire agreement between you and Phee Fabrics concerning your use of the Site and Phee Fabrics Services. Phee Fabrics reserves all rights not granted under this Agreement.

    Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

    No Agency: You and Phee Fabrics are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to Phee Fabrics must be given by postal mail to Phee Fabrics, Attention: Legal Department, 1054 Jeffery Street, Boca Raton, Florida, 33487. Any notice to you may be given: (1) to the email address you provide to ipsy during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Phee Fabrics, in which case notice will be deemed sufficient three days after the mailing date.

    For intellectual property issues, please provide notice as specified in Phee Fabrics Copyright and Intellectual Property Policy.

    Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.

  13. MODIFICATIONS TO TERMS OF USE

    We may change the Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If Phee Fabrics makes a material change,Phee Fabrics will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. Phee Fabrics may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site or any of the Phee Fabrics Services after we have modified this posting will constitute your acceptance of any changes.

  1.  Facebook® and Google+ pages, the Phee Fabrics Instagram® and Pinterest® boards, the Phee Fabrics Twitter® feed and the Phee Fabrics YouTube channel (collectively, the "Phee Fabrics Online Community"). Our community is a place for you to express your unique style.
    You are not required to use social media at all to follow Phee Fabrics. We hope you share your unique beauty with other sewists in the Phee Fabrics Online Community, but you are not required to do so.
     
  2. MODIFICATIONS TO TERMS OF USE

    We may change the Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If Phee Fabrics makes a material change, Phee Fabrics will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. iPhee Fabrics may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site or any of the Phee Fabrics Services after we have modified this posting will constitute your acceptance of any changes.