Terms of Service

1. Eligibility & Accounts

• Business & Personal Use. The Platform supports both business and personal buyers. During signup you must correctly identify whether you purchase as a business or as an individual, as this affects import duties, tax treatment, and shipping documentation.
• Age & Authority. You must be at least 18 years old and have the power to enter into contracts. If you use the Platform on behalf of a company, you represent that you have authority to bind that company.
• Account Security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use.
• Verification. We may require identity, business, or payment verification, and we may approve or reject accounts at our discretion.

2. Platform Role; Relationship of Parties

SWATCHON operates a marketplace where independent suppliers (“Suppliers”) offer fabrics, trims, and related products and services to buyers. Except where we expressly act as the seller of record for certain transactions, we are not a party to the contract of sale between a Buyer and a Supplier. Listings, product specs, lead times, and pricing are provided by Suppliers. SWATCHON may provide logistics, payments, dispute assistance, and customer support features, but Suppliers remain responsible for their products and order fulfillment unless otherwise stated.

3. Orders, Samples, & Custom Printing

• Quotes & Availability. Prices, MOQs, and availability may change until order acceptance. We and/or the Supplier may reject any order or request additional information before acceptance.
• Sample Swatches. Some items offer paid or complimentary swatches (“Samples”) so you can evaluate color, hand feel, and construction. Samples are representative only; normal batch variation can occur.
• Custom Print Orders. For items marked as “Custom Print Available,” you may upload artwork files. You must own or have all necessary rights to the artwork. You grant the Supplier and SWATCHON a limited license to reproduce the artwork solely to fulfill your order. Production color may vary within industry tolerances; we recommend ordering a strike-off/print proof when available.
• Specifications & Tolerances. Fabric weight (GSM), width, color, and other specs may vary by typical manufacturing tolerances (e.g., ±5–10%). Natural fiber lot variation is expected.
• Acceptance. An order is accepted when you receive an order confirmation or when fulfillment begins, whichever occurs first.

4. Pricing, Currency, Taxes & Duties

• Pricing. Prices may be displayed in multiple currencies for convenience. Your charge currency will be shown at checkout.
• Importer of Record; Duties & Taxes. For cross-border orders, the recipient is the importer of record and is responsible for customs clearance and all import duties, VAT/GST, brokerage, disbursement, and other government fees unless checkout explicitly states Delivered Duty Paid (DDP). If duties/taxes are not paid or customs paperwork is not completed by you or your agent, your shipment may be delayed, returned, or destroyed by customs. Any associated costs, penalties, storage, or return shipping will be your responsibility and may be deducted from any refund, where applicable.
• Documentation & Estimates. We will provide reasonable commercial invoices and product documentation and may provide non-binding duty/tax estimates as a courtesy. Final assessed amounts are determined by the destination customs authority and may differ from estimates.

5. Payments & Billing

• Methods. We may accept credit/debit cards, bank transfers, ACH, installments, or third-party payment services. We may update accepted methods without notice.
• Authorization. By submitting a payment method you authorize charges for orders, shipping, duties where applicable, adjustments, and any agreed service fees.
• Net Terms. If offered (e.g., via a third-party provider), you agree to that provider’s terms in addition to these Terms.
• Chargebacks. Initiating a chargeback without first attempting resolution through our support may delay or limit your account access.

6. Shipping, Delivery & Risk of Loss

• Incoterms. Shipping terms (e.g., DDP, DAP, EXW) will be shown at checkout or in the order confirmation. If not stated, default is DAP (Delivered At Place).
• Lead Times. Lead times are estimates and may vary due to production capacity, holidays, or customs delays.
• Risk Transfer. Risk of loss transfers per the applicable shipping term. Inspect packages on delivery and note any visible damage with the carrier.
• Consolidation. We may offer consolidated shipments or “ocean shuttle” services where available; schedules are estimates only.

7. Inspection, Claims, Returns & Refunds

• Inspection Window (7 Days). You must inspect goods promptly upon delivery. Notify us in writing of defects, shortages, or mis-shipments within 7 days of the carrier-recorded delivery date (or the period stated on the product page or invoice, if longer). Claims submitted after this period may be denied.
• Refund Request Window (14 Days). Refund requests must be submitted within 14 days of the carrier-recorded delivery date (the “Refund Window”). After the Refund Window expires, all sales are final and SWATCHON and Suppliers disclaim any obligation to accept returns, issue refunds, or provide adjustments except where required by applicable law.
• No Returns After Cutting. To preserve resale condition, any fabric that has been cut, washed, altered, printed, or otherwise processed by you or your agent — even partially — is not eligible for return or refund unless we confirm in writing that the issue is a manufacturing defect discovered before cutting. Cutting constitutes acceptance of the goods as-is.
• Return Authorization Required. Do not send goods back without our written return merchandise authorization (RMA). We may refuse unauthorized returns or return them to you at your expense.
• Condition of Returned Goods. Except for confirmed defects, returns must be unused, uncut, unwashed, in original condition, and include all labels, packaging, and documentation. Custom prints, made-to-order items, and cut-to-length yardage are typically non-returnable unless defective.
• Return-to-Origin & Shipping Costs. Unless we state otherwise in the RMA, you are responsible for shipping the goods to the specified return address. The return address may be in the country of origin or another designated facility and may differ from your delivery country. You must pay all return shipping costs (including international freight if applicable), and you bear the risk of loss or damage in transit until received and inspected.
• Customs on Returns. For international returns, you are responsible for correct customs declarations and any duties/taxes or brokerage on the return shipment. Misdeclared returns that incur charges may be deducted from any refund.
• Remedies & Processing. If a claim is approved, remedies may include replacement, repair, partial credit, or refund after inspection. Shipping fees, duties/taxes, and third-party service fees are typically non-refundable unless required by law or expressly stated in the RMA.
• Refusals & Unclaimed Shipments. If you refuse delivery, fail to complete customs clearance, or a shipment is returned due to non-payment of duties/taxes, we may treat it as a return subject to these terms. We may deduct all associated costs (including outbound and return freight, storage, customs, and handling) from any refund, where applicable.

8. Intellectual Property & User Content

• Platform IP. The Platform, including content, trademarks, and software, is owned by SWATCHON or its licensors and protected by law.
• Your Content. You own the content you upload (e.g., artwork files). You warrant you have the rights to that content and it does not infringe third-party rights.
• License for Fulfillment. You grant Suppliers and SWATCHON a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your uploaded content solely to provide Platform services and fulfill orders.
• Takedown. We may remove content alleged to infringe IP and may suspend repeat infringers.

9. Acceptable Use & Prohibited Activities

• Do not violate laws, sanctions, or export controls.
• Do not post misleading, fraudulent, or infringing content.
• Do not interfere with the Platform or attempt to circumvent fees or security.
• Do not harvest data or use the Platform for spam.

10. Supplier Terms

• Suppliers must provide accurate listings, truthful specs, and timely fulfillment.
• Suppliers are responsible for product conformity, regulatory compliance, and quality control.
• Suppliers authorize SWATCHON to collect payments as their limited payment collection agent where applicable.

11. Third-Party Services

The Platform may integrate payment processors, logistics providers, tax tools, or other third-party services. Your use of those services may be subject to their own terms and privacy policies.

12. Privacy & Cookies

Your use of the Platform is subject to our Privacy Policy and Cookie Policy, which describe how we collect, use, and share personal information and how we use cookies and similar technologies.

13. Disclaimers

• As-Is. Except as expressly provided in writing, the Platform and all listings are provided “as is” and “as available.”
• No Guarantees. We do not guarantee continuous, error-free operation or exact color/lot matching across batches.
• Supplier Statements. Specifications and claims are provided by Suppliers; we do not warrant their accuracy unless we are expressly the seller of record for the given order.

14. Limitation of Liability

To the maximum extent permitted by law, SWATCHON and its affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from or related to your use of the Platform or any order. Our aggregate liability for any claim shall not exceed the amounts you paid for the order giving rise to the claim in the twelve (12) months preceding the event.

15. Indemnification

You agree to defend, indemnify, and hold harmless SWATCHON, its affiliates, and their officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your (a) use of the Platform, (b) breach of these Terms, (c) infringement or misappropriation of third-party rights, or (d) violation of law.

16. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including without limitation acts of God, labor disputes, wars, epidemics, government actions, or transportation interruptions.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, U.S.A., without regard to conflict-of-laws rules, except that mandatory consumer protection laws of your country of residence may apply where required. Any dispute will be resolved by binding arbitration in Los Angeles County, California, conducted in English, under the rules of JAMS then in effect. You and SWATCHON waive any right to a jury trial. You may only bring claims in your individual capacity and not as a class representative or member. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction.

18. Suspension & Termination

We may suspend or terminate your access to the Platform at any time for violation of these Terms, suspected fraud, non-payment, or to comply with law. You may stop using the Platform at any time. Sections that by their nature should survive (e.g., payments due, IP, disclaimers, limitations, indemnity, dispute resolution) will survive termination.

19. Changes to the Terms

We may modify these Terms by posting an updated version on the Platform with a revised “Effective Date.” Material changes will be notified by reasonable means. Your continued use after the Effective Date constitutes acceptance of the updated Terms.

20. Contact

Questions about these Terms? Contact us at support@swatchon.com.