Terms and Conditions of Use
Welcome to the Duvaltex, Inc. Website. Duvaltex’s head offices are in Quebec and it maintains manufacturing facilities in the United States and Canada.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
By accessing, placing orders through, or otherwise using the Website for any purpose, you (“User”) are agreeing to these Terms and Conditions of Use (“Terms”). If you do not agree with each provision of these Terms, you must leave the Website immediately.
1. Intellectual Property Rights
All information on the Website, including without limitation, all text, visual images, videos, graphics, scripts and webpage coding (collectively “Content”) is the sole property of Duvaltex and protected under Canadian, U.S., and international copyright laws. All Content is for your personal use only.
DUVALTEX, GUILFORD OF MAINE, CLEAN IMPACT DESIGN, CLEAN IMPACT TEXTILES and other designations of products or services that appear on the Website (whether or not they appear with the symbols ® or ™) are trademarks and/or service marks (collectively, “Marks”) belonging to Duvaltex and protected under Canadian, U.S., and international trademark protection laws. Additionally, the Marks may be registered in Canada, the U.S., or in other countries and jurisdictions. Any trademarks appearing on this website that are not owned by Duvaltex are the property of their respective owners who may or may not be affiliated with, connected with, or sponsored by Duvaltex.
Duvaltex reserves all rights in and to the Content and its Marks not expressly granted in these Terms or permitted under applicable law. Nothing in these Terms or on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of Duvaltex’s Content, Marks, or other intellectual property. The Website is © 2023 Duvaltex, Inc..
2. Use by Persons under the Age of 18
The Website is not meant for use by persons under the age of 18 and Duvaltex will not knowingly collect any personally identifiable information (“PII”) from persons under the age of 18 without verified parental consent.
3. Customer Terms and Conditions
A. Registration for Purchases
Customers are responsible for maintaining confidentiality of their usernames and passwords, it being understood that Duvaltex is entitled to act, without incurring any liability, on all instructions received from anyone using Customer’s account. Customers must immediately notify us of any unauthorized use of the Customer’s username, password, or account, or of any other breach of security they may be aware of.
Duvaltex may, in its sole discretion and without notice, deactivate or cancel any Customer account following death of Customer, written request from Customer, a lack of response from Customer following repeated communication attempts, or fraudulent or prohibited use of Customer’s account.
B. Product Pages.
In addition to showing swatches of textiles, each Duvaltex product page contains general descriptions of the textile, recommended usage, shipping details, and technical specifications. Please note that actual textile colors may differ in shade from the swatches shown on the Website. Such differences are caused by the color calibration of your monitor or device. Duvaltex stands by the accuracy of its product specifications , but makes no other warranties, express or implied, except as expressly stated in the “Product Warranty for Woven Fabric” posted here.
C. Pricing and Availability of Products
Prices of merchandise displayed on the website may vary from prices in stores or through distributors. All prices and other amounts are in Canadian dollars for Customer accounts located in Canada and in U.S. dollars for Customer accounts located in the U.S. Prices displayed on our product pages do not include shipping or applicable taxes.
Products, prices, and availability of products are subject to change at any time without notice. Products displayed on the Website are available while supplies last at our warehouse.
Duvaltex shall not be held to be making a formal offer of its products on the Website, but rather to be soliciting offers from prospective Customer to acquire such products.
D. Ordering and Shipping.
We reserve our right to reject, correct, cancel, or terminate any order for any reason (including shortage of inventory), or to subject any order to special conditions that the Customer may accept or refuse (such as quantity limits, restrictions on resale, territories where Duvaltex will not deliver, etc.).
We ship only to Canada (except Northwest Territories, Nunavut and Yukon) and the contiguous continental United States .
We will proceed with shipment of products covered by an order upon full payment. No order may be canceled once it has been shipped.
Orders are limited to 50 yards maximum per order. To purchase more yardage, for special requests regarding shipping, or for purchase using a tax exemption certificate, please contact our Customer Service team at 1-800-544-0200. (We do not accept tax exemption certificates through the Website.)
Orders are usually processed for shipping within one (1) business day for in-stock items. Orders placed on holidays or weekends will be processed for shipping on the next business day. Orders are generally delivered in 3-5 business days by DHL Express for U.S. orders and FedEx Economy for Canadian orders. We are not responsible for shipping delays, loss, or damage by postal or shipping companies.
If a package is returned to us undelivered, we will contact you and any costs of re-shipping will be added to your invoice and must be paid prior to re-shipping.
E. Returns Policy.
Returns will be accepted by us only on the following terms and conditions:
Product Return Policy
Return requests must be made within 30 days of product receipt.
Duvaltex does not accept any return on cut yardages.
No returns will be accepted without prior authorization from Guilford of Maine or Duvaltex via [email protected] for the US customer and [email protected] for the Canadian customers.
Carefully pack the items to be returned and enclose a copy of the invoice.
Mail the package to:
9 Oak Street, PO BOX 179
Guilford ME 04443-0179
2805 90e Rue Saint-Georges
QC G6A 1K1
Please note that Duvaltex does not refund original shipping costs or cover return costs.
No product purchased through the website may be returned to a retailer or distributor of Guilford of Maine or Duvaltex. Likewise, no product purchased from a retailer or distributor of Guilford of Maine or Duvaltex can be returned through the customer service of the website.
Duvaltex reserves the right to limit or refuse the return of a product at any time when the reason for return is a consequence of the user’s own fault or wrong choice of product.
In the event it is not possible to replace a returned product due to product unavailability, the user will be informed accordingly, and with the user’s prior agreement, a replacement product of a similar quality and price will be provided to the user.
4. Limitations on Liability
User acknowledges and agrees that:
The Website is provided on an “as is” basis. Duvaltex does not warrant that: (a) the Content will at all times be correct, accurate, timely, or otherwise reliable, (b) the Website and Content will be error-free, free of viruses, or other harmful components, (c) errors or defects will be corrected, or (d) any purchase or other transaction conducted through the Website will be completed and fulfilled or will result in the benefits you intended to receive therefrom;
Duvaltex may make improvements and/or changes to the Content and/or the features and functionality of the Website at any time, but it shall be under no obligation to do so;
Duvaltex’s sole liability to users of the Website is limited to the delivery of merchandise purchased on the Website or a refund for same, if applicable, in accordance with Duvaltex’s Returns Policy. In no event shall Duvaltex’s or its officers, directors, shareholders, employees, sub-contractors, licensees, or agents be liable to User for any direct, indirect, special, incidental, consequential, punitive or exemplary damage (including but not limited to loss of business, profits, revenues or other economic advantage) arising out of or related to (a) User’s reliance on or use of the Website or Content; (b) misuse by any third party of your PII; (c) your failure to provide and maintain accurate PII; or (d) your access or use of a website linked (including through multiple tiers) to the Website;
The foregoing limitations on liability (a) shall apply regardless of the theory on which such damage is based and even if Duvaltex or anyone associated with Duvaltex has been advised of the possibility of such damage; and (b) are a fundamental condition of these Terms, failing which you would have no lawful access to the Website;
Some jurisdictions do not allow the exclusion of implied warranties and limitations on certain kinds of liability, so some of the above may not apply to you.
5. Force Majeure
Duvaltex shall not be in default under these Terms nor be liable for failure to observe or perform any provision hereof, (a) for any reason or cause that we could not, with reasonable diligence, control or prevent, including without limitation, acts of nature, terrorism, acts of government, war, civil commotion, strikes, lock-outs, labor or industrial disputes, power shortages, or power failures, inability to obtain sufficient labor, raw materials, fuel or utilities, technical problems or communication failures; or (2) due to any delays, non-deliveries, mis-deliveries or service interruptions caused by any third party.
You will indemnify and hold harmless Duvaltex and its affiliates, licensors, licensees and service providers, and our and their respective officers, shareholders, members, directors, officers, employees, contractors, and agents, from and against any claim, liability, damage, judgment, award, loss, cost, expense, or fee (including reasonable attorneys’ fees and court costs) arising out of or relating to your (a) violation of these Terms or your use of the Website other than as expressly authorized in these Terms, or (b) your use of any information obtained from the Website
Duvaltex reserves the right to change, revise, or modify these Terms at any time by posting the changed, revised, or modified terms on this webpage. Changes are effective on the date they are posted on this page, and your continued use of the Website constitutes acceptance of those changes. Accordingly, we recommend that you always check this webpage prior to making a purchase on the Website.
9. Waiver and Severability
No waiver by Duvaltex of any provision set forth in these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by Duvaltex to assert any of its right under these Terms shall not constitute a waiver of such right.
If any provision of this Agreement shall be held void, voidable, invalid, contrary to law, or otherwise unenforceable, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such provision had not been contained herein.
10. Choice of Law and Disputes
Duvaltex manages the Website from its offices located in Quebec, Canada. All matters arising out of or related to these Term, your access or use of the Website, or your orders or purchases on the Website (collectively, “Claims”) are subject to provincial and federal laws applicable in Quebec, Canada. The courts of the judicial district of Quebec City, Quebec shall have exclusive jurisdiction over any dispute arising out of or related to any Claim, and you hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that you may now or hereafter have with respect thereto.
At the sole discretion of Duvaltex, any Claim may be settled by arbitration in accordance with the laws of the Province of Québec, Canada.
11. Entire Agreement
12. Section Titles
The section titles or headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
For further inquiries regarding these Terms, please contact us at 1 877 227 9827, or by email at [email protected].