Terms & Conditions
Terms and Conditions
Welcome to www.fabulicious.co.in . By using the fabulicious.co.in service, you are deemed to have accepted the terms and conditions listed below.
All products/services and information displayed on www.fabulicious.co.in constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. www.fabulicious.co.in reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of www.fabulicious.co.in prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. The sale of product(s) by www.fabulicious.co.in to you shall be complete when goods are delivered to you or to your transport agent/courier agency.
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act. 1872 including un-discharged insolvents etc. are not eligible to use the Site.
If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
fabulicious.co.in reserves the right to terminate your membership and refuse to provide you with access to the Site if www.fabulicious.co.in discovers that you are under the age of 18 years.
The Site is not available to persons whose membership has been suspended or terminated by www.fabulicious.co.in for any reason whatsoever.
fabulicious.co.in makes no representation that any product/s or service/s referred to in the materials on this website is appropriate for use or available outside India.
Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
Membership is available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique username and password.
fabulicious.co.in does not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality.
fabulicious.co.in allows one registered Membership per legitimate electronic mail address. www.fabulicious.co.in must approve any exceptions, including the use of one electronic mail address by multiple users.
Members may not have multiple accounts at same/multiple shipping addresses or IP addresses. Should you register more than one account, www.fabulicious.co.in reserves the right to terminate all your accounts and/or orders and restrict you from system going forward.
ACCOUNT AND REGISTRATION OBLIGATIONS
“Your Information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature.
If you use the Site you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or Password.
fabulicious.co.in shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
If you know or suspect that, someone else knows your password you should notify us by contacting us immediately.
If www.fabulicious.co.in has reason to believe that there is likely to be a breach of security or misuse of the www.fabulicious.co.in Site, we may require you to change your password or we may suspend your account without any liability to www.fabulicious.co.in
You also agree to:
Provide true accurate current and complete information about yourself as prompted by www.fabulicious.co.in registration from (such information being the “Registration Data”)
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current or if www.fabulicious.co.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement. www.fabulicious.co.in has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
While www.fabulicious.co.in strives to provide accurate product and pricing information pricing or typographical errors may occur www.fabulicious.co.in cannot confirm the price of a product until after you order.
In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, www.fabulicious.co.in shall have the right at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on www.fabulicious.co.in will be correct and accurate and you shall not use the credit card which is not lawfully owned by you i.e. in a credit card transaction you must use your own credit card.
You further agree and undertake to provide the correct and valid credit card details to www.fabulicious.co.in
Further, the said information will not be utilized and shared by www.fabulicious.co.in with any of the third parties unless required by law regulation on court order.
fabulicious.co.in will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.
FRAUDULENT /DECLINED TRANSACTIONS
fabulicious.co.in reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
fabulicious.co.in reserves the right to recover the cost of goods collection charges and lawyers fees from persons using the Site fraudulently
When you visit the Site or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically.
We will communicate with you by email, SMS’s or by posting notices on the Site.
You agree that all agreements notices disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOU AGREE AND CONFIRM/SALE AND TRANSFER OF OWENERSHIP
On acceptance of the order of the customer the company shall make sale. The sale shall be deemed to have been completed between Company & Customer at the time of delivery of goods to the customer or its agent. It is categorically stated that the ownership in goods shall stand transferred upon delivery of goods by the company to the customer or its agent.
For the convenience of the customer and for making safe delivery of product to the customer address, the company has made arrangement with reputed courier agencies like Blue Dart, Aramex, First flight etc. In the absence of any direction by the customer to the contrary, the company shall deliver the goods to any of such courier agency which shall be considered as agent of the customer for all purposes and the customer hereby gives consent to deliver the goods to any such courier company and avail benefit of the arrangement made by the company. For the purpose of delivery of goods, the company shall recover delivery charges which shall be separately charged in the invoice. However, delivery charges shall be subject to maximum of Rs. 150/- or as may be decided by company time to time.
You will provide authentic and true information in all instances where such information is requested of you, www.fabulicious.co.in reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to reject the registration and debar you from using the Services of www.fabulicious.co.in and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by www.fabulicious.co.in for redelivery shall be claimed from you.
That you will use the services provided by fabulicious.co.in its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
That before placing an order you will check the product description. By placing an order for a product, you agree to be bound by the conditions of sale included in the item’s description.
fabulicious.co.in reserves the right to send across news letter to you apart from your other subscriptions.
fabulicious.co.in may put advertising style sheets into any mail box. www.fabulicious.co.in shall ensure at all points of time that these style sheets shall not contain offensive material of any kind.
You acknowledge, consent and agree that www.fabulicious.co.in may access, preserve and disclose your account information and content if required to do so by law or in a good faith, belief that such access, preservation or disclosure is reasonably necessary to Comply with legal process
Enforce the Terms of service
b. Respond to claims that the content violates the right of the supplier
c. Respond to rights for customer service or
d. Protect the right, property or personal safety of fabulicious.co.in its users and the public
You may not use the Site for any of the following purposes:
Gaining unauthorized access to other computer systems
Interfering with any other person’s use or enjoyment of the Site.
Breaching any applicable laws
Interfering or disrupting networks or web sites connected to the site.
Making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.
COLORS & ADVERTISING TRAILERS
We have made every effort to display the colors of our products that appear on the Site as accurately as possible However as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
We have displayed the Advertising trailers in our invitation and on our site. These advertising trailers produced by us are for the promotion of the sale of the products offered by us on our site. However, the actual colors and the produced advertising trailers you see will depend on your monitor and your computer’s technical condition we cannot guarantee that your monitor’s display of any color of the advertisement will be accurate.
MODIFICTION OF TERMS AND CONDITIONS OF SERVICE
www.fabulicious.co.in may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on fabulicious.co.in.
You can access the latest version of the User Agreement at any given time on fabulicious.co.in. You should regularly review the Use Agreement on fabulicious.co.in.
In the event the modified User Agreement is not acceptable, you should discontinue using the service. However if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.
GOVERNING LAW AND JURISDICTION
The User Agreement shall be construed in accordance with the applicable laws of India.
The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise of any terms of this User Agreement between the parties here to same shall be referred to an independent arbitrator who will be appointed by our company, and his decision shall be final and binding on the parties hereto.
The above arbitration shall be in accordance with the Arbitration and Conciliation Act. 1996 as amended from time to time. The arbitration shall be held in Delhi. The High court of judicature at Delhi alone shall have the jurisdiction and the Laws of Indian shall apply.
REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedbacks, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to fabulicious.co.in or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (Collectively the “Comments”) shall be and remain fabulicious.co.in property. Such disclosure, submission or offer of any Comments shall constitute an assignment to fabulicious.co.in of all worldwide rights titles and interests in all copyrights and other intellectual properties in the Comments.
Thus fabulicious.co.in owns exclusively all such rights, titles and interest and shall not be limited in any way in its use commercially or otherwise of any Comments. fabulicious.co.in will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from publish display and distribute any Comments you submit for any purpose whatsoever without retraction and without compensating you in any way, fabulicious.co.in is and shall be under no obligation.
To maintain any Comments in confidence
To pay you any compensation for any Comments or
To respond to any Comments
You agree that any Comment submitted by you to the Site will not violate this policy or any right of any third party including copyright trademark privacy or there personal or propriety right(s), and will not cause injury to any person or entity.
You further agree that no Comments submitted by you to the site will be or will contain libelous or otherwise unlawful threatening, abusive or obscene material or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
fabulicious.co.in does not regularly review posted Comment but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant fabulicious.co.in the right to use the name that you submit in connection with any Comments. You agree not to use a false email address impersonate any person or entity. Or otherwise mislead as to the origin of any Comments you submit you are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify fabulicious.co.in and its affiliates for all claims resulting from any Comments you submit. fabulicious.co.in and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
COPYRIGHT & TRADEMARK
fabulicious.co.in and its suppliers and licensors expressly reserve all intellectual property right in all text programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone, any license under any of fabulicious.co.in or any third party’s intellectual property rights. All rights including copyright in this website are owned by or licensed to fabulicious.co.in. Any use of this website or its contents including copying or storing it or them in whole or part other than for your own personal non-commercial use is prohibited without the permission of fabulicious.co.in You may not modify, distribute or re-post anything on this website for any purpose.
The fabulicious.co.in names and logos and all related product and service, names, design, marks and slogans are the trademarks or service marks of our company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials constrained on this Site. Access to this Site does not authorize anyone to use any name logo or mark in any manner.
All materials including images, text, illustration, designs, icon, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively the “Contents”) are intended solely for personal non-commercial use.
You may download or copy the Contents any other downloadable materials displayed on the Site for your personal use only.
No right title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above) publish, transmit, distribute display, modify, create derivative works from sell or participate in any sale of or exploit in any way, in whole or in part any of the Contents of the Site or any related software.
All software used on this Site is the property of fabulicious.co.in or its suppliers and protected by Indian and international copyright laws.
The Contents and software on this Site may be used only as a shopping resource, any other use including the reproduction, modification, distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited, unless otherwise noted all Contents are copyrights trademarks trade dress and/or other intellectual property owned, controlled or licensed by fabulicious.co.in one of its affiliates or by suppliers who have licensed their materials to fabulicious.co.in and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of fabulicious.co.in and is protected by Indian and international laws.
You understand that by using this Site or any services provided on the Site. You encounter Content that may be deemed by some to be offensive, indecent or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law fabulicious.co.in and its affiliates shall have no liability to you for Content that may be deemed offensive indecent or objectionable to you.
You agree to defend indemnify and hold harmless fabulicious.co.in, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions which may result in any loss of liability to fabulicious.co.in or any supplier including but not limited to breach of any warranties, representations or undertakings or in relation to limited to fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or fabulicious.co.in.
You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. fabulicious.co.in may terminate this User Agreement at any time and may do so immediately without notice and accordingly deny your access to the Site, such termination will be without any liability to fabulicious.co.in.
Upon any termination of the User Agreement by either you of fabulicious.co.in you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Use Agreement or otherwise. fabulicious.co.in’s right to any Comments shall survive any termination of this User Agreement (The highlighted statement can be deleted subject to your requirements).
Any such termination of there User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the user Agreement.
You agree that fabulicious.co.in may, under certain circumstances and without prior notice, immediately terminate your fabulicious.co.in account, any associated email address, and access to the Service; Cause for such termination shall include, but not be limited to:
Breaches or violations of the Terms of Service or other incorporated agreements or guidelines.
Request by law enforcement or other government agencies.
A request by (self-initiated account deletions)
Discontinuance or material modification to the Service (or any part thereof)
Unexpected technical or security issues or problems, and
Extended periods of inactivity. Termination of your account includes.
Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof) and Barring further use of the Service.
Further, you agree that all terminations for cause shall be made in fabulicious.co.in’s sole discretion and that fabulicious.co.in shall not be liable to you or any third party for any termination of your account, any associated email address or access to the Service.
LIMITATON OF LIABILITY AND DISCLAIMERS
Your use of the service is at your sole risk. The service is provide on an “as is” and “as available” basis fabulicious.co.in expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You must bear the risks associated with the use of the Site.
The Site provides content from other internet sites or resources and while fabulicious.co.in tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case fabulicious.co.in will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the supplier/manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential party of this User Agreement.
To the fullest extent permitted under applicable law, fabulicious.co.in or its suppliers shall not be liable for any indirect incidental, social incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill use, date or other intangible losses arising out of or in connection with the Site its serviced or this User Agreement.
Without prejudice to the generality of the section above the total liability of fabulicious.co.in to you for all liabilities arising out of this User Agreement in tort or contract is limited to the value of the product ordered by you.
fabulicious.co.in, its associated and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software text, graphics links or communications provide on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, fabulicious.co.in assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, and/or any interruption or errors in the operation of the Site.
No advice or information, whether oral or written, obtained by you from fabulicious.co.in or through or from the service shall create any warranty not expressly stated in the term of service.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have and epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service – dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
MODIFICATIONS TO SERVICE
fabulicious.co.in reserves the right at any time and from to time modify or discontinue, temporarily or permanently, the service or any part thereof without notice. You agree that fabulicious.co.in shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Please report any violations of the Terms of Service to our Customer Care team or mail to firstname.lastname@example.org.
You are prohibited from violating or attempting to violate the security of the Site including without limitation:
Accessing date not intended for you or logging onto a server or an account, which you are not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any other user host or network including without limitation, via means of submitting a virus to the Site overloading, “flooding.” “Spamming,” “mail bombing” or “crashing.”
Sending unsolicited email, including promotions and/or advertising of products of services or
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. fabulicious.co.in will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
You agree not to use any device software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You agree, further, not to use or attempt to use any engine software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from fabulicious.co.in on this Site and other than generally available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer).
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein this agreement constitutes the entire agreement between you and fabulicious.co.in with respect to the fabulicious.co.in sites/services and it supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and fabulicious.co.in with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You may contact us at email@example.com