Terms & conditions
This Terms and Conditions document (the Agreement) is a legal contract between the client organization or individual (Client) identified in a EZSILK product purchase (Purchase Silk fabric) that governs your use of (a) EZSILK’s online style services and orders (and the applications available thereon) available at the websites for which access has been purchased pursuant to the Product Purchase (Purchase Silk fabric); and (b) any bespoke consulting services you have purchased in accordance with the Purchase Design (Design Services) (together the Services). Your acceptance of the Product Purchase services constitutes an application to use the Services pursuant to the terms of this Agreement, and by clicking the “placing order” button, accessing or using the Services, you confirm your agreement to be bound hereby. To the extent there is any conflict between this Agreement and the terms and conditions of use posted on either Site, this Agreement shall take precedence. If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have the authority to bind such organization. Any person who has access to the Services by virtue of being designated by the Client as an individual user of the Services (an Authorized User) similarly agrees to be bound hereby. If you are entering into this Agreement on behalf of an educational institution, then your Authorized Users are strictly limited to students, faculty, and staff; no alumni may be granted access. All references to “us,” “our” and “EZSILK” in this Agreement are intended to refer to EZSILK (as defined above) and its affiliates. All references to “you,” “your” and “user” in this Agreement are intended to refer to the Client and all Authorized Users.
• Use of Services
(a) EZSILK grants you a non-transferable, limited right to access the Services, provided that you fully comply with the terms and conditions of this Agreement.
(b) You agree that all you will use data, materials, and information that comprise the Services, including visual interfaces, pictorial works such as images, web designs, logos, and textile designs as well as any other works of authorship (Content) that you access through use of the Services, only in accordance with the terms and conditions of this Agreement.
(c) Certain areas of the Sites may only be open to you if you are a full subscriber as Wholesaler.
(d) Certain Content that we license from third parties may be subject to additional guidelines or rules that will be clearly posted on the Sites. You are also subject to any such guidelines and rules.
(e) The Content is protected by trademarks, service marks, copyrights, and other intellectual property rights owned by EZSILK or its Content providers.
• Registration
(a) The Client warrants that the information the Client has given in the Product Purchase is accurate and complete.
(b) To use the Sites, you must register and provide EZSILK with accurate and complete registration information.
(c) It is your responsibility to update your registration data and promptly inform EZSILK of any changes to your information by contacting your account manager.
(d) As part of the registration process, EZSILK shall assign to the Client or, at the discretion of EZSILK, shall allow the Client to select, a user name and password. Each registration is for a single user only.
(e) Each additional Authorized User appointed by the Client shall be assigned (or selected at the discretion of EZSILK) a separate user name and password for access to the Sites; provided, however, that for educational institutions, Authorized Users are not required to register individually.
• Return & Production
(a) Your satisfaction is very important to us, and we offer a free swatch service. You can ask us for the swatch before your silk fabric order. If there is any defect that you are unhappy with your silk fabric order we will refund/exchange as we receive the order back. All fabrics must return in 14 days. Return shipping charge is the customer's responsibility. All returns/exchanges will be charged 18% re-stocking fee. Please inspect your contents of the package as soon as the order arrives. We are unable to issue refunds/exchange after 14 days from the date of purchase. All items must be returned back to our warehouse in the same condition as they were received. Please note that fabrics which are cut, washed, altered or returned in a non-original condition are not allowed for a refund or exchange. Clearance sale fabrics and items shipped internationally are not eligible for a refund or exchange.
(b) After 14 days of the guarantee period has expired, no return/exchange is allowed. Please give us 7 days to process your return and credit your account. The credit after 18% re-stocking fee will be processed against your original form of payment. We will not refund the money to any other cardholder except the original cardholder. Shipping charges are not refundable.
(c) All silk finished goods such as silk scarves & silk ties are required 50% pre-payment as the sample is processed. Upon the sample approval, the balance 50% payment is due, and the production order will be launched. 50% pre-payment is non-refundable in any case. All custom printed production order payment is non-refundable and production goods can be replaced with alternate designs or the same designs in the same product in the case of any issue. All completed production orders must be shipped in 6 months. As the production is completed, it is guaranteed to hold the total production quantity for the customer’s inventory usage or a partial shipment purpose for 6 months in our facility. After 6 months guarantee period of the inventory usage or the partial shipment purpose, the remaining production stock in the facility is non-guaranteed by us. All custom production lead time is informed by our representative based on an order quantity and the season. For sensitive delivery time frames of the custom production order, we recommend ordering at least a few weeks ahead plus the production lead time. We do not responsible for any issues by late delivery.
(d) All custom design printing on silk fabrics is non-refundable. Min.qty per custom printing order is 6 yds without a strike off. To process a strike off (sample fabric about 1/4 yd), before custom design print order, 15 yds is min.qty to see the strike off. 1 yd strike off is processed for free of charge as an order quantity meets at least 1 roll (50 yds).
• Usage of content
EZSILK hereby grants you a non-transferable, limited license to do the following, solely for your product design, development, inspiration, research and manufacturing purposes: view, download, and print such Content and create derivative works of pictorial works such as images, photographs, graphics, and textile designs and designs included within the content and use such works and your derivative works thereof on or in your products that provided.
(a) Save and reuse/reproduce EZSILK’S original textile designs on the web are prohibited. The following are strictly forbidden and represent a breach of this Agreement unless prior written consent is obtained from EZSILK or the relevant third party Content provider:
(i) Incorporation of Content in promotional items (including greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, and calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, disposable packaging, book covers, and educational textbooks;
(ii) Incorporation of Content in any electronic or digital materials including screensavers, electronic greeting cards, websites, broadcast video, and multimedia including film and video, and CD ROMs;
(iii) Resale of Content in its original condition or in a digitally manipulated form;
(iv) Incorporation of names or likenesses of individuals from Content on or in your products;
(v) Incorporation of distinctive locations, buildings, businesses, personal property or products from Content on or in your products;
(vi) Use of EZSILK or third-party trademarks, trade names or service marks on or in your products;
(vii) Distribution of Content to parties outside of the Client organization. However, you may provide pictorial works such as images, photographs, graphics, pictures, illustrations, and designs included within Content to your suppliers, vendors, independent contractors and consultants for the sole purpose of aiding you in connection with your product design, development, inspiration, research and manufacturing requirements only. The sharing of such works for the purposes stated in this paragraph, is at your discretion but in no way absolves you from the full responsibilities for all terms and conditions contained within this Agreement; or
(viii) Use, or permitting the use of, data or information on the Sites for generating any statistical information which is sold, rented published, furnished or in any manner provided to a third party.
(b) Any requests to republish or redistribute Content should be addressed to your account manager and should not be considered authorized unless and until validly approved in writing by EZSILK.
(c) EZSILK may provide news e-mail service or other prompts to new Content. Your use of the Content received through the e-mail news service will be subject to the terms and conditions of this Agreement.
(d) Copyright in any software that is made available to you for download from the Sites (Software) belongs to EZSILK or its Software suppliers. You may not install or use any Software unless you agree to be governed by the terms of any license agreement that accompanies or is included with the Software. (e) You acknowledge that the Content is only for your general information and use and does not constitute any form of advice, recommendation or arrangement by EZSILK and is not intended to be relied upon by you in making any specific business or investment decisions. Any reliance by you upon any advice, opinion, statement or other information displayed or distributed through the Sites is at your sole risk.
(f) Any use of the Services other than as specifically permitted above is prohibited.
• Limitations of liability
(a) EZSILK will not be liable to you in any manner whatsoever for any consequences of any delay or interruption in the delivery or updating of the Sites. Furthermore, EZSILK shall not liable to you for any failure or delay in performing its obligations as a result of an event outside of the reasonable control of EZSILK, its sub-contractors or suppliers.
(b) The Sites may contain advertising or sponsorships from time to time. EZSILK is not responsible for the material provided by such advertisers and sponsors. Further, EZSILK provides no assurances that it will not take advertisements or sponsorships from competitors of Client. Your correspondence or business dealings with, participation in promotions of, or access, purchase, or utilization of products or services offered by such advertisers or sponsors are solely between you and such third party.
(c) NEITHER EZSILK NOR ANY OF ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THE SERVICES, INABILITY TO USE THE SITE OR ANY CONTENT ON THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION. THIS LIMITATION OF LIABILITY APPLIES (BUT IS NOT LIMITED TO) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT EZSILK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
• Shipping
(a) Shipping lead time for silk fabric in stock item is 1 ~ 3 days. If out of stock color, extra days are required for dyeing purpose.
(b) Shipping lead time for digital printing on silk fabric is about 2 weeks. Due to printing facility conditions, it may delay on schedule and if the case EZSILK customer care team notice customers for the situation.
• Modifications to terms and conditions
(a) EZSILK reserves the right to modify the terms and conditions of this Agreement (including those relating to your use of the Content). Any modification is effective 30 days after upon posting to the Sites or immediately upon distribution to Client via e-mail or conventional mail.
(b) Your continued use of the Services following the effective date of notice of any modification(s) to this Agreement shall be deemed an acceptance of all such modifications.
(c) Notwithstanding the foregoing, any modifications that have a material negative impact on you, other than modifications imposed on us by Content providers, shall not be effective until the end of the term of the then-current Purchase Document.
• Term of agreement; termination
(a) This Agreement shall commence on the date on which EZSILK accepts your application to use the Services and from which date the Client and Authorized Users shall have access to the Services. The Agreement shall continue:
(i) in respect of a subscription, for the period set forth in the Product Purchase and thereafter shall continue for further periods equal to the Initial Term on each anniversary of the start of your subscription unless terminated by you on providing 90 days’ prior written notice to EZSILK; and
(ii) in respect of Design Services, until completion of the Design Services. If EZSILK in its sole discretion permits you to continue to use the Sites following the expiration of the Product Purchase, the terms and conditions of this Agreement shall continue to apply in respect of such use.
(b) Notwithstanding the above, EZSILK may terminate this Agreement or suspend your account at any time in the event that you have materially breached (or EZSILK reasonably suspects that you have materially breached) any provision of this Agreement. At EZSILK’s option, termination shall be effective after a reasonable cure period.
(c) If EZSILK terminates this Agreement or suspends your account for any of the reasons set forth above, EZSILK will not refund any amounts that you have previously paid. Further, you shall remain liable for any amounts owed to EZSILK pursuant to the then-current Product Purchase.
(d) These remedies are in addition to any other remedies that EZSILK may have at law or in equity.
• Terms of Copyright
All textile designs in ‘ezsilk.com’ are copy righted by EZSILK.
• Contact information
Any feedback, comments, requests for technical support or other communications should be directed to EZSILK through contact us provided on the Site.
• Use of Services
(a) EZSILK grants you a non-transferable, limited right to access the Services, provided that you fully comply with the terms and conditions of this Agreement.
(b) You agree that all you will use data, materials, and information that comprise the Services, including visual interfaces, pictorial works such as images, web designs, logos, and textile designs as well as any other works of authorship (Content) that you access through use of the Services, only in accordance with the terms and conditions of this Agreement.
(c) Certain areas of the Sites may only be open to you if you are a full subscriber as Wholesaler.
(d) Certain Content that we license from third parties may be subject to additional guidelines or rules that will be clearly posted on the Sites. You are also subject to any such guidelines and rules.
(e) The Content is protected by trademarks, service marks, copyrights, and other intellectual property rights owned by EZSILK or its Content providers.
• Registration
(a) The Client warrants that the information the Client has given in the Product Purchase is accurate and complete.
(b) To use the Sites, you must register and provide EZSILK with accurate and complete registration information.
(c) It is your responsibility to update your registration data and promptly inform EZSILK of any changes to your information by contacting your account manager.
(d) As part of the registration process, EZSILK shall assign to the Client or, at the discretion of EZSILK, shall allow the Client to select, a user name and password. Each registration is for a single user only.
(e) Each additional Authorized User appointed by the Client shall be assigned (or selected at the discretion of EZSILK) a separate user name and password for access to the Sites; provided, however, that for educational institutions, Authorized Users are not required to register individually.
• Return & Production
(a) Your satisfaction is very important to us, and we offer a free swatch service. You can ask us for the swatch before your silk fabric order. If there is any defect that you are unhappy with your silk fabric order we will refund/exchange as we receive the order back. All fabrics must return in 14 days. Return shipping charge is the customer's responsibility. All returns/exchanges will be charged 18% re-stocking fee. Please inspect your contents of the package as soon as the order arrives. We are unable to issue refunds/exchange after 14 days from the date of purchase. All items must be returned back to our warehouse in the same condition as they were received. Please note that fabrics which are cut, washed, altered or returned in a non-original condition are not allowed for a refund or exchange. Clearance sale fabrics and items shipped internationally are not eligible for a refund or exchange.
(b) After 14 days of the guarantee period has expired, no return/exchange is allowed. Please give us 7 days to process your return and credit your account. The credit after 18% re-stocking fee will be processed against your original form of payment. We will not refund the money to any other cardholder except the original cardholder. Shipping charges are not refundable.
(c) All silk finished goods such as silk scarves & silk ties are required 50% pre-payment as the sample is processed. Upon the sample approval, the balance 50% payment is due, and the production order will be launched. 50% pre-payment is non-refundable in any case. All custom printed production order payment is non-refundable and production goods can be replaced with alternate designs or the same designs in the same product in the case of any issue. All completed production orders must be shipped in 6 months. As the production is completed, it is guaranteed to hold the total production quantity for the customer’s inventory usage or a partial shipment purpose for 6 months in our facility. After 6 months guarantee period of the inventory usage or the partial shipment purpose, the remaining production stock in the facility is non-guaranteed by us. All custom production lead time is informed by our representative based on an order quantity and the season. For sensitive delivery time frames of the custom production order, we recommend ordering at least a few weeks ahead plus the production lead time. We do not responsible for any issues by late delivery.
(d) All custom design printing on silk fabrics is non-refundable. Min.qty per custom printing order is 6 yds without a strike off. To process a strike off (sample fabric about 1/4 yd), before custom design print order, 15 yds is min.qty to see the strike off. 1 yd strike off is processed for free of charge as an order quantity meets at least 1 roll (50 yds).
• Usage of content
EZSILK hereby grants you a non-transferable, limited license to do the following, solely for your product design, development, inspiration, research and manufacturing purposes: view, download, and print such Content and create derivative works of pictorial works such as images, photographs, graphics, and textile designs and designs included within the content and use such works and your derivative works thereof on or in your products that provided.
(a) Save and reuse/reproduce EZSILK’S original textile designs on the web are prohibited. The following are strictly forbidden and represent a breach of this Agreement unless prior written consent is obtained from EZSILK or the relevant third party Content provider:
(i) Incorporation of Content in promotional items (including greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, and calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, disposable packaging, book covers, and educational textbooks;
(ii) Incorporation of Content in any electronic or digital materials including screensavers, electronic greeting cards, websites, broadcast video, and multimedia including film and video, and CD ROMs;
(iii) Resale of Content in its original condition or in a digitally manipulated form;
(iv) Incorporation of names or likenesses of individuals from Content on or in your products;
(v) Incorporation of distinctive locations, buildings, businesses, personal property or products from Content on or in your products;
(vi) Use of EZSILK or third-party trademarks, trade names or service marks on or in your products;
(vii) Distribution of Content to parties outside of the Client organization. However, you may provide pictorial works such as images, photographs, graphics, pictures, illustrations, and designs included within Content to your suppliers, vendors, independent contractors and consultants for the sole purpose of aiding you in connection with your product design, development, inspiration, research and manufacturing requirements only. The sharing of such works for the purposes stated in this paragraph, is at your discretion but in no way absolves you from the full responsibilities for all terms and conditions contained within this Agreement; or
(viii) Use, or permitting the use of, data or information on the Sites for generating any statistical information which is sold, rented published, furnished or in any manner provided to a third party.
(b) Any requests to republish or redistribute Content should be addressed to your account manager and should not be considered authorized unless and until validly approved in writing by EZSILK.
(c) EZSILK may provide news e-mail service or other prompts to new Content. Your use of the Content received through the e-mail news service will be subject to the terms and conditions of this Agreement.
(d) Copyright in any software that is made available to you for download from the Sites (Software) belongs to EZSILK or its Software suppliers. You may not install or use any Software unless you agree to be governed by the terms of any license agreement that accompanies or is included with the Software. (e) You acknowledge that the Content is only for your general information and use and does not constitute any form of advice, recommendation or arrangement by EZSILK and is not intended to be relied upon by you in making any specific business or investment decisions. Any reliance by you upon any advice, opinion, statement or other information displayed or distributed through the Sites is at your sole risk.
(f) Any use of the Services other than as specifically permitted above is prohibited.
• Limitations of liability
(a) EZSILK will not be liable to you in any manner whatsoever for any consequences of any delay or interruption in the delivery or updating of the Sites. Furthermore, EZSILK shall not liable to you for any failure or delay in performing its obligations as a result of an event outside of the reasonable control of EZSILK, its sub-contractors or suppliers.
(b) The Sites may contain advertising or sponsorships from time to time. EZSILK is not responsible for the material provided by such advertisers and sponsors. Further, EZSILK provides no assurances that it will not take advertisements or sponsorships from competitors of Client. Your correspondence or business dealings with, participation in promotions of, or access, purchase, or utilization of products or services offered by such advertisers or sponsors are solely between you and such third party.
(c) NEITHER EZSILK NOR ANY OF ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THE SERVICES, INABILITY TO USE THE SITE OR ANY CONTENT ON THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION. THIS LIMITATION OF LIABILITY APPLIES (BUT IS NOT LIMITED TO) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT EZSILK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
• Shipping
(a) Shipping lead time for silk fabric in stock item is 1 ~ 3 days. If out of stock color, extra days are required for dyeing purpose.
(b) Shipping lead time for digital printing on silk fabric is about 2 weeks. Due to printing facility conditions, it may delay on schedule and if the case EZSILK customer care team notice customers for the situation.
• Modifications to terms and conditions
(a) EZSILK reserves the right to modify the terms and conditions of this Agreement (including those relating to your use of the Content). Any modification is effective 30 days after upon posting to the Sites or immediately upon distribution to Client via e-mail or conventional mail.
(b) Your continued use of the Services following the effective date of notice of any modification(s) to this Agreement shall be deemed an acceptance of all such modifications.
(c) Notwithstanding the foregoing, any modifications that have a material negative impact on you, other than modifications imposed on us by Content providers, shall not be effective until the end of the term of the then-current Purchase Document.
• Term of agreement; termination
(a) This Agreement shall commence on the date on which EZSILK accepts your application to use the Services and from which date the Client and Authorized Users shall have access to the Services. The Agreement shall continue:
(i) in respect of a subscription, for the period set forth in the Product Purchase and thereafter shall continue for further periods equal to the Initial Term on each anniversary of the start of your subscription unless terminated by you on providing 90 days’ prior written notice to EZSILK; and
(ii) in respect of Design Services, until completion of the Design Services. If EZSILK in its sole discretion permits you to continue to use the Sites following the expiration of the Product Purchase, the terms and conditions of this Agreement shall continue to apply in respect of such use.
(b) Notwithstanding the above, EZSILK may terminate this Agreement or suspend your account at any time in the event that you have materially breached (or EZSILK reasonably suspects that you have materially breached) any provision of this Agreement. At EZSILK’s option, termination shall be effective after a reasonable cure period.
(c) If EZSILK terminates this Agreement or suspends your account for any of the reasons set forth above, EZSILK will not refund any amounts that you have previously paid. Further, you shall remain liable for any amounts owed to EZSILK pursuant to the then-current Product Purchase.
(d) These remedies are in addition to any other remedies that EZSILK may have at law or in equity.
• Terms of Copyright
All textile designs in ‘ezsilk.com’ are copy righted by EZSILK.
• Contact information
Any feedback, comments, requests for technical support or other communications should be directed to EZSILK through contact us provided on the Site.
