TERMS AND CONDITIONS
Fabulloso.com is an online shopping service provided by Shukra Pvt. Ltd. This website and the related services is owned, created, controlled and operated by Shukra Pvt. Ltd. (referred as Shukra Pvt. Ltd., "fabulloso!" "we" and/ or "us" and/ or “fabulloso.com”, “Website”, “site”, “fabulloso”, “fabulloso!”). The Intellectual Property rights, including copyrights in the word and artwork fabulloso! are owned by Shukra Pvt. Ltd.. Use of contents of this Site in any form, in whole or in part is prohibited without prior written permission of Shukra Pvt. Ltd. The registered office of Shukra Pvt. Ltd. is Khasra No. 410, Sultanpur, Mandi Road, New Delhi 110030, India.
In using the fabulloso! website you have accepted the Terms and Conditions and the corresponding policies, set out below. You agree to remain bound by these Terms and Conditions and the Policies (“T&C”) so long as you access and use this site and maintain an online shopping account with fabulloso!. These Terms and Conditions may be revised from time to time without a specific obligation on us to intimate you of such change. You are expected at all times of using the site, review these Terms and Conditions on the site. However, any change in the T&C and the relevant policies will be applicable to future orders you place. Orders placed and confirmed by fabulloso! will not be governed by the change. If you do not agree to any change to the T&C, then you must immediately stop accessing and using the Site and operating your account with fabulloso!. Please read the T&C and the other terms of purchase carefully before placing orders on fabulloso!
By using the fabulloso! website or by sending e-mails to us or giving us your feedback, you are communicating with us electronically, indicating your consent to receive communications, electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy all legal requirement of such communications being in writing. fabulloso! may communicate with you electronically in conformity with applicable laws and will disseminate only transactional information except dispatch information.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
You agree and accept not to sell, trade, or otherwise transfer your fabulloso! account to another person or entity. If at any point in time fabulloso! has sufficient reason to believe or suspect that you are in breach of this provision, it reserves the right to terminate your account with it and prevent you from accessing the site.
Other than for Cash on Delivery option, you represent and warrant that the payment details of the cards you provide, is valid and correct and either owned by you or obtained lawfully. If at any point in time, we believe and/ or suspect that the information provided by you is inaccurate or fraudulent, then we reserve the right to terminate your rights to use our website immediately, and reserve the right to take legal action as may be required under the applicable laws of India, including recovering associated costs incurred due to termination on this ground. You represent and warrant that you will notify fabulloso! immediately if you become aware of any unauthorized use of your account or a breach of a security norm to enable fabulloso! to take appropriate action.
In your usage of the website, you agree and accept that fabulloso!, and/ or its affiliates, directors, employees, agents, will not be liable for any direct, indirect, punitive, incidental, special or consequential damages for any damage of any nature including, without limitation, damages for loss of use, data or profits, arising out of or connected with the use or performance of fabulloso! site for interrupted communications, delay, lost data or lost profits arising out of or in connection with these T&C or with the products sold through this platform.
- To provide true, accurate, current and complete information about yourself while registering with fabulloso.com. and provide accurate data whenever asked of you.
- To keep updated at all times this information. If you provide any information that is untrue, inaccurate, incomplete, or not curent or if fabulloso! suspects it to be so then it has the right to indefinitely suspend or terminate your membership and prevent you from accessing the site.
- To use the services provided by the site , its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
- To use your best and prudent judgment before entering into any transaction through this Website.
- To check the product description carefully. By placing an order for a product you are bound by the conditions of sale and invitation of offer included in the product description.
- Disseminating unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material encouraging conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- Obtaining unauthorised access to other computer / network systems.
- Interfering with any other person's use or enjoyment of the Website.
- Breaching any applicable laws;
- Interfering with or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
ORDERS PLACED WITH fabulloso!
Products and information displayed on the fabulloso! website is an invitation to offer. Your order placed on the site for purchase is your offer which shall be subject to the terms and conditions as listed herein.
Fabulloso! takes utmost care and precaution in preparation and display of the content on the site, particularly in providing description and specifications of products and listing prices. In the context of packaging, weights and dimensions, fabulloso! clarifies that the packaging may vary from that shown, weights, dimensions and capacities indicated are approximate, only. In context of display of accuracy in colours of the products that appear on the fabulloso! website, we convey that the actual colours you see depends on your monitor’s display. fabulloso! cannot guarantee that your monitor's display of a colour will accurately match the actual colour of the product on delivery. To the extent permissible under the applicable law, fabulloso! disclaims and is not responsible for warranties, express or implied, in relation to accuracy of the information contained in any of the materials on this website. Fabulloso! shall not be liable to anyone for loss or damage arising from use of information contained in the materials on this fabulloso! website.
Fabulloso! at its discretion, may restrict the quantity of products ordered per person, per household or per account. You will be notified should such restrictions be made applicable to you. Fabulloso! may at its sole discretion, prohibit sales to any one as it may deem fit.
Fabulloso! provides accurate product and pricing information, however, pricing or typographical errors are possible. All prices are displayed inclusive of VAT / CST as per applicable laws.
Fabulloso! will have the right, at it’s sole discretion, to refuse or cancel any orders placed for any product, for which incorrect price information is displayed. If the product is erroneously mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Fabulloso! reserves the right to rectify the price of the product and contact you through your e-mail address for instructions, or cancel the order and notify you of the cancellation. However, if the order has been accepted through order being dispatched then the amount shall be debited to your card/bank account and you will be informed. In certain cases the payment may be processed before we cancel the order, in such an instance the amount will be reversed back to your card/bank account. All card/bank reversals are done as per stipulated regulations in force at the time of reversal under applicable laws.
Please note that prices and availability are subject to change without prior notice. However, the revised price will be applicable to future orders that you place with fabulloso!, all orders placed and confirmed will not be affected by the revised price.
Prices, offers and promotions remain valid as advertised from time to time. You can make use of a single offer or a single promotion code with one single purchase. The same promotion code cannot be used for more than one purchase per customer. Fabulloso! prohibits and deters you from combining different offers and promotion codes unless specifically permitted in the advertisement. Discount promotion codes cannot be used on products pre-discounted on MRP. You agree and accept that fabulloso! is not liable for any misuse of the promotion codes or e –vouchers or gift certificates.
Fabulloso! provides store credit from time to time in accordance with its policies and also at its sole discretion. All Store Credit offered and credited to your account will be available for use after the period for returns is completed and/ or elapsed.
Validity of store credit is 3 months from the date of grant. Store Credit can typically can be used on all products available on the fabulloso! website. However, if Store credit has been granted on account of return of certain specific products under a specific brand/ label then the Store Credit will be permitted to be utilised for products under same brand/ label or designer name. Information with respect to this will be put up on the site against the relevant product.
ACCEPTANCE OF ORDER
After you have placed your order with fabulloso! we will send you an acknowledgement e-mail of your order. This e-mail is NOT an acceptance of your order. Acceptance of order takes place at dispatch of your order. Fabulloso.com reserves its rights at its discretion to accept or reject your order in part or in full. Part dispatch of the order, will amount to acceptance of only the part dispatched. The balance of the order would continue to be on offer and fabulloso! retains the right to accept or reject the balance order. All orders place on the fabulloso! website will be governed by these T&C.
You agree and confirm that fabulloso! will not be liable to you or any third party by reason of our withdrawing any product/services from our website for any reason at the sole discretion of fabulloso!
CANCELLATIONS OF AN ORDER
Please refer to our Return Policy.
PAYMENT METHOD & SECURITY
DELIVERY OF GOODS
Please refer to our Payment and Shipping Policy
RETURNS AND EXCHANGES
Refer to our Return Policy
USE OF GIFT CERTIFICATES
(a) You can purchase a Gift Certificate only through a Credit Card, Debit Card, Cash Card or through Net Banking by logging on to fabulloso.com. You will be required to choose the amount you would like to purchase in INR and enter all required information and log out.
(b) The Gift Certificate will be emailed to you.
(c ) To redeem the Gift Certificate you purchased, the beneficiary of the Gift Certificate has to be registered with fabulloso! by creating an account. Once you have an account with us, you can browse fabulloso.com and select the products of your choice to your Shopping Bag. After confirming the products you wish to purchase, you will have to enter your Gift Certificate code on the payment page at the time of making your purchase. Your gift amount will automatically be deducted against your order. All shipping charges shall be applicable as per Shipping Policy.
- All Gift Certificates are valid for a period of 6 months. If your Gift Certificate is less than the total order value, you will have to pay the remaining balance by a credit card, debit card, cash card, netbanking or via C-o-D.
- If your Gift Certificate exceeds the total order value, the remaining balance will stay valid (within the validity period of 6 months) to use at the later date with the same Gift Certificate code.
- All Gift Certificates can be used to purchase products at full MRP as well as a discounted sale price depending on the conditions regarding purchase of the specific product.
- A Gift Certificate can not be returned or exchanged for cash.
- All returns or exchanges on purchases bought on Gift Certificates will be refunded as credit to the same certificate to be used against a future purchase order on fabulloso.com.
- If you have made a purchase using a Gift Certificate as well as your credit card, debit card, cash card or via net banking, then only the amount originally charged on the card/ net banking shall be refunded to the same and the remaining balance will be as credit on the Gift Certificate.
- No cash refunds will be made against items bought with Gift Certificate and cash.
- For refunds of orders placed through Gift Certificates, refund would be provided in form of a fresh Gift Certificate of the same value. The validity of the fresh Gift Certificate will remain 6 months calculated from the date of first issue.
- You are informed that the Gift Certificates you purchase are also governed by the applicable policies governing card transactions.
CONTENT AND NON COMMERCIAL USE
The "Content" on fabulloso! website includes image rights, graphics, text, illustrations, descriptions, specifications, photographs, text, icons, programmes, including all image rights, sounds, music, video, audio and/ or other written or other material. The Content on the website is developed only for your personal and non-commercial use. You agree and confirm not to use the website and the Content therein to further a commercial purpose, including but not restricted to advertising or advertising revenue generating activity to your own or any other site. You could download or copy the Contents and related downloadable material from the site and use it only in accordance with these T&C only for your personal use. All rights, title and/ or interests in material that you may download, rests will fabulloso! at all times and do not get transferred to you as a result of such downloading or copying. You agree and confirm not to reproduce (other than in accordance with these T&C), publish, transmit, distribute, display, modify, indulge in creating or create derivative work from, sell or agree to sell or exploit in any manner, the whole or part of the Content, the fabulloso! Website or any related software.
To the extent permissible under applicable laws, fabulloso! disclaims representations that the Content is accurate and error-free, except as explained in this T&C, or the server that provides the content is virus free or devoid of other harmful components. You are expected to ensure frequent and updated virus checks for the software used on your computer.
In using the fabulloso! Site, you understand that you may encounter Content that may be deemed by you to be offensive, indecent, or objectionable, which Content may or may not be identified to be objectionable in general. You agree and confirm that you are using the Website and related services at your sole risk and as permissible under the law we and our affiliates have no liability towards you for Content that you may view as offensive, indecent, or objectionable.
INTELLECTUAL PROPERTY AND THIRD PARTY RIGHTS
Fabulloso! is the owner of and reserves all intellectual property rights in the Content. The logo / image of fabulloso! on the home page of the website and other pages and as used in the communication in electronic form or otherwise to the User cannot be used or communicated or distributed without the specific and written permission of fabulloso! Shukra Pvt. Ltd. is the owner of the design and artwork copyright contained in the logo “fabulloso!”.
Right to access the fabulloso! Website does not provide you the right or grant of any license of fabulloso!’s or any third party's intellectual property rights. All intellectual property rights, including copyright, in this website are owned by Shukra Pvt. Ltd. And has received license rights from respective owners of other intellectual property for names, logos, trademark being put up on fabulloso! website. Use of the website and/ or its contents in a manner other than as contained in this T&C is strictly prohibited without prior written permission of Shukra Pvt. Ltd.
Fabulloso.com may refer to names, marks, products or services of third parties or may hypertext links to third party websites. Such information is provided solely as convenience to you and do not amount to or be construed as endorsement, sponsorship or recommendation of the third party product. Fabulloso! is not responsible for content or content accuracy of third party websites. Your usage or linkage to a third party website is entire and solely at your own risk.
By using the fabulloso! website you do not receive grant or license of any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including fabulloso! Software and all HTML and other code contained in the Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by Intellectual Property Rights and regulations under applicable laws and internationally. Committing a breach of this provision will render you liable for an infringement/ passing off legal civil or criminal claim from Shukra Pvt. Ltd. and/ or the third party owner of the IPR.
Data we collect and usage
Fabulloso! asks for your personal information (email, demographic location and address, age, name, phone number, clothing sizes, payment details etc.) when you register on our website with the intention of shopping online in the products fabulloso! offers. This information is readily available on the fabulloso! website and only viewable by you on logging into the site. You at all times have the option not to provide this information without agreeing to register with fabulloso! We use this information purely for serving you and ensuring usage of the site as per the applicable law. Specifically, we would use this information for delivering you our products, processing payments, assessing your order history and preferences, it could be used to resolve disputes, troubleshoot problems, collect receivables, measure gauge for surveys on your interest in fabulloso! products, inform you about online and offline offers, products, and updates, detect and protect fabulloso! against error, fraud and other criminal activity, enforce T&C and other related policies.
By registering with the fabulloso! Site and consenting to these T&C and related policies you agree and confirm that you consent to providing fabulloso! this information about yourself for the purpose set out above and that such collection is lawful, necessary and permissible under applicable laws. You at all times have the right to withdraw your consent by communicating it to us in the manner contained in this policy and these T&C. Provided, if you opt to withdraw your consent, fabulloso! will not be under any obligations to provide you the services under the site, nor will it be liable for the services and products provided till the time you had consented to retain the information with us in accordance with these T&C and related policies. Fabulloso! adheres to strict security guidelines with respect to the storage, possession and handling of such information and protecting it against unauthorized access. It is clarified that fabulloso! does not store your card information. Your transaction on fabulloso! is authorized at multiple points, first by your issuing bank and subsequently by Visa/Mastercard secure directly without any information passing through fabulloso!. At no point during the term of this T&C and the related policies, does fabulloso! store/ hold your information for longer than is required for providing the services under the website. fabulloso!, handles the information only in accordance with the provisions of the applicable law as made applicable from time to time and only for the duration lawfully required, thereunder.
When you visit the fabulloso! website, you could be sent one or more cookies to your computing device which will collects and tracks your click history to help us in improving the quality of our service. We clarify that these cookies DO NOT store any of your personally identifiable or sensitive information. Fabulloso! clarifies that it stores information only in the manner contained herein and in accordance with the provisions of applicable law.
Fabulloso! does not rent, sell or share your personal or sensitive information and will not disclose any of your personally identifiable information to third parties unless: you have granted fabulloso! the permission to do so or it is required to share this information under the provisions of applicable law and/ or with a government agency and/ or connection with a fraud investigation and/ or with the payment gateway’s request and / or to provide products or services you’ve requested and/ or potential threat to safety or security of any person or any violation of fabulloso.com’s these T&C or other related policies or to defend against legal claims. In any event all disclosures under this clause will be under intimation to you so long as we are permitted to do so under the applicable law and not prevented from doing so by any government and/ or investigating agency.
The fabulloso! website may contain links to other websites. Fabulloso! owes no responsibility for privacy practices of such websites which are not owned, controlled or managed by fabulloso! or any of its holding companies. If in following such links you are asked to share any information governed under these provisions with the third party websites then you shall be solely responsible for sharing and handling, storing, possessing and use of that information with such third party websites. You confirm that in such a scenario you will be governed by the policies of the third party website and fabulloso! will not be liable in any manner for any misuse, thereunder.
You have the right to opt-in or opt-out of any marketing/promotional/newsletter mailings At your instance of opting out, provisions of this T&C and the related policies will become applicable. However, fabulloso! reserves the right to send service related communication without offering you the facility to opt-out. You can update your account settings and information at any time. At your request, fabulloso! can cancel your registration and remove/block your personally identifiable information from it’s database. However, this information may remain in our archive even after deletion or termination of your account as required by law and the handling of the same is in accordance with the provisions of the applicable law and as intimated by the government agency from time to time.
Fabulloso! follows stringent security techniques and requirements for handling sensitive and personal information. These techniques and requirements are fully compliant with the guidelines set forth under law. The fabulloso! servers are accessible only to authorized personnel. Your information logged under these T&C is shared with respective personnel only on need to know basis and/ or for the purpose of completing a transaction and/ or to providing services you have requested. All representatives handling information under these provisions are under contractual confidentiality obligation with fabulloso! While, fabulloso! takes every step to safeguard the confidentiality of your personal information, by using this site, you agree and confirm that fabulloso! is not liable for any disclosure due to errors in transmission or unauthorized acts of third parties.
Any failure on part of fabulloso! to take action against you with respect to a breach does not amount to waiver of its rights to act with respect to subsequent or similar breaches. Fabulloso! at all times reserves its rights to initiate legal proceedings against you for breach of these T&C.
You agree and confirm that accessing the fabulloso! website and placing orders through it does not amount to a joint venture, partnership, employment, or agency relationship between you and fabulloso!. We are not responsible for and shall not be liable for any misrepresentation, act, or omission made on your part to third party(s).
If any part of these T&C becomes invalid or unenforceable pursuant to applicable laws including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining T&C shall remain in effect.
Unless otherwise specified, these T&C with the relevant policies and other Content on the Website constitutes the entire agreement between you and fabulloso! and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us regarding fabulloso! websites.
These T&C will remain effective in perpetuity unless terminated by either you or fabulloso!. You will have to intimate us through an e-mail to email@example.com your desire to terminate these T&C.
Fabulloso! may terminate these T&C at any time without notice and/ or, prohibit your access to the Website. Termination at the instance of fabulloso! will be without any liability of fabulloso! or Shukra Pvt. Ltd.. Upon termination, you will be under an obligation to destroy all materials and copies thereof, downloaded or otherwise obtained from the fabulloso! Website. Your obligation to pay for a product ordered and/ or in transit and / or delivered or any other continuing obligation or liability shall survive termination of these T&C by either you or fabulloso! and will not be treated as cancelled or relieved. Without limiting the foregoing fabulloso! shall at all times have the right to terminate any accounts held by you on the site at its sole discretion.
Limitation of Liability
Fabulloso! does not make any representation or warranty about it’s site and you acknowledge and understand that you are required to bear the obligations and risks associated with use of a Website. Fabulloso! however, in good faith attempts to intimate you on e-mail if the website is not operational due to some technical problem or is down for maintenance and is likely to remain so longer than a reasonable amount of time.
Fabulloso! Website may provide content from other sources including Internet sources. Fabulloso! makes best efforts to ensure that material on the Website is correct, reputable and of high quality, but it cannot assume responsibility for the same. Fabulloso.com is not responsible for errors or omissions or results of using the information on the site or for technical problems experienced during usage of the website.
To the extent permissible under applicable law, fabulloso! and/ or its subsidiaries, affiliates, officers, employees, agents, partners and licensors and/ or suppliers are not to be held liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with technical problems with the Website, related services or these T&C or supply of products.
Without prejudice to the generality of the provision above, it is clarified that in no event shall fabulloso!’s complete liability for all liabilities arising out of this T&C exceed the amount charged to you, for the value of the products ordered by you.
Fabulloso!, its associates and technology providers do not make any representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, fabulloso! 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 Website and/or any interruption or errors in the operation of the Website.
ORDERED PRODUCT IS BEING SOLD "AS IS, WHERE IS", "WITH ALL FAULTS" AND "WITHOUT WARRANTY"; fabulloso! HAS MADE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, NATURE, CONDITION OR COMPOSITION OF THE ORDERED PRODUCT OR REGARDING THE COMPLIANCE OF THE ORDERED PRODUCT WITH THE REQUIREMENTS OF ANY SPECIFICATIONS (OTHER THAN AS CONTAINED IN THE PRODUCT DESCRIPTION ON THE WEBSITE), LAW OR REGULATIONS; fabulloso! DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE ORDERED PRODUCT OR ITS CONDITION INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING OUT OF TRADE USAGE OR A COURSE OF DEALING OR COURSE OF PERFORMANCE;ANY DESCRIPTION OF THE ORDERED PRODUCT ON Fabulloso! IS FOR THE SOLE PURPOSE OF IDENTIFYING IT AND SHALL NOT CONSTITUTE ANY REPRESENTATION OR WARRANTY THAT THE ORDERED PRODUCT WILL CONFORM TO THE DESCRIPTION CONTAINED THEREIN. IN NO EVENT SHALL Fabulloso! BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE ORDERED PRODUCT OR ITS POSSESSION, SALE OR USE BY YOU, THIRD PARTIES OR OTHERS, AND fabulloso! WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED UPON ANY THIRD PARTY CLAIM.
Governing Law and Jurisdiction
These T&C shall be governed in accordance with laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of these T&C.
Any dispute, controversy, claims or difference either in interpretation or otherwise, of these T&C shall be referred to an independent arbitrator appointed by Shukra Private Limited and his decision shall be final and binding on the parties hereto. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be Delhi, India and will be held in English.