Introduction

www.fabloe.com is an e-commerce portal owned and promoted by Ms. Fabloe. If you as an User, are utilizing the services on our Website and any of its sub-sites or micro-sites, it is understood that you have accepted and agreed to comply with the terms and conditions herein and any other relevant terms and conditions, policies and notices which may be applicable to a specific product or services offered on the Website and the Company’s Privacy Policy. We reserve the right to change, modify or update the Terms, and any of our policies without prior notice.

As a User, you are requested to review the terms and conditions periodically for any updates. We will not update the Users about changes in the Terms, Privacy Policy or any other policy.

Any User or Visitor  to the Website continuing to use the Website after such update, modification or change shall be deemed to have accepted the modified Terms. If you do not agree to these Terms, you must not subscribe to or use any of the services offered on the Website. 

Scope of law

In case of any dispute, courts in Chennai, Tamil Nadu shall have jurisdiction. The Terms, the Privacy Policy and all other policies in force from time to time shall be governed by and construed in accordance with the laws of India (“Applicable Law”) without giving effect to any principles of conflict of law. The Website and the Terms are applicable in India only. The Website makes no representation that content on the Website is suitable for use outside India. User accessing the content of the Website from outside India shall solely do so at his/her own discretion. We shall not be responsible or liable for any violation arising out such usage whatsoever. The User, in the event of using the Website outside India, shall take full responsibility and liability for compliance with applicable local laws.

Definitions

"Agreement" means the Terms contained herein and includes references to this agreement as and when amended, notated, supplemented, varied or replaced.

"Affiliate" being a corporate entity, means any entity, which controls, is controlled by, or is under the common control of the Company and being an individual, means any entity, which is controlled by the Company.

"User/You/Your" means and includes any customer or buyer (including a person or any legal entity; which terms shall mean and include any person or entity you claim to represent, associate with or employed by) who accept the offer for sale by placing its order on the Website.

"Products" are the goods, services promoted / displayed on the Website and offered for sale.

"Visitor" shall mean those Users who simply browses the Website, or otherwise uses the Website without being registered with the Website.

Electronic Communication

Any communication generated through the Website or through email or any other electronic medium will be referred to as Electronic Communication. All communication from the Company to the Users shall be through emails or through notices placed on the Website and other relevant channels. When sending or receiving any such communication through all relevant channels whether email or social, you agree that all agreements, notices, disclosures and other communications are satisfying all legal requirement pertaining to such exchange.

Registration Obligations

You agree to provide accurate, complete and up-to-date information while registering at the Website. Any incorrect information provided during the registration process will lead to suspension of the account, and may lead to further action under the Applicable Law. We will not share any User’s personally identifiable information with its Affiliates, partners or third parties without the User’s express permission.

We have the right to terminate the membership of Users and restrict access to the Website to Users, who are found to be incapable of forming legally binding contract under the Applicable Law. User’s profile may be deleted and membership may be terminated without warning, if we believes that User is under 18 years of age and falsely represents himself/herself as 18 years of age or older.

We reserve the right to terminate User’s account or otherwise deny the User access to the Website at its sole discretion, without notice and liability. If User provides any information to us solely for using the Website in a fraudulent way, we have the right to suspend or terminate User’s exercise of any services offered on the Website or refusal of all current or future access to the Website or terminate any portion thereof. Further, User agrees that we will not be liable to him/her or any third party if we suspend or terminate his/her access to the services offered on the Website for any reason.

In case, Product specific terms and conditions are provided, these terms and conditions shall be applicable and shall prevail over all the general Terms.

User Accounts

On completion of registration with the Website, you will receive your account details on your registered email ID. You are solely responsible for maintaining the confidentiality of this account and every detail thereof. You shall be responsible for all activities that occur under your accounts and with your account details. In case of misuse, immediately notify us of any breach of security or unauthorized use of the password and ensure that you duly sign out from your account at the end of each session.

User agrees that he/she will not sell, transfer or assign his/her account or any account rights.


Intellectual Property

The trademarks, names, logos, designs and service marks displayed on the Website, whether denoted as such or not, are registered and unregistered property of Fabloe and any and all rights attached thereto are owned by and vested with Fabloe.

Nothing contained on the Website should be construed as granting any license or right to use any Intellectual Property without the prior express written consent.

Fabloe reserves exclusive rights to the information, software and any application available on their website. Under no circumstance shall the User reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

Obligation towards content

All content seen on the Website other than the User-generated content is a copyright of Fabloe.

The User is prohibited to post content which falls under the following categories:-

  • Offensive content promoting the use of illegal activities or physical harm.

  • Content which is obscene or abusive.

  • Encouraging or promoting a criminal offence, civil liability or breach of relevant laws.

  • Containing misleading information or computer viruses or other harmful devices.

  • Spamming, sending chain mails or junk mails.

  • Violation of third party's rights including intellectual property rights and rights of privacy.

  • Promoting contests, advertising, and sale of items without a prior written and specific consent from us.

Product Description / Pricing/ Promotion

We shall endeavor to provide the most up-to-date information. However, in case the Product offered is not as described in the Website, the final decision shall lie with us in case of any dispute. We have the right to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. We shall cancel the order and inform you of the cancellation, or contact you for instruction.

Third Party & Affiliate Websites

The Website may contain links, features and functionalities redirecting the User to third party websites including but not limited to our Affiliates’ websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services. Any such activities, and any terms associated with such activities, are solely between User and such third party. Such third party and Affiliate websites are not controlled by us, and are made available for your reference only. You may access them at your own risk.

Mode of Payment

We only accept Indian Rupees for all payment options on the Website. You agree and accept to provide accurate and correct information while making a purchase. You shall be the lawful owner of the credit or debit card used for purchase. In the event, we discover that the credit or debit card used to purchase Products from our Website has been fraudulently used or acquired, you shall be liable for all damages incurred and for the punishment, if any, awarded by the appropriate court of law.

We shall not be held liable if the transaction is declined due to lack of sufficient funds, exceeding your daily limit, unauthorized transaction or any other problems during transaction.

Website Availability

We will endeavor to keep the Website operational at all times except for interruption due to maintenance and for introducing new features. Under certain circumstances, the Website may be down and/or may be prevented from running at optimum performance due to a scenario beyond our control.

Service Availability

We provide a wide range of internet based services through the Website. These services enable Users to purchase original Products from the Website. Upon placing an order, we shall ship the ordered Product on receipt of the payment.

 

Termination

These Terms shall remain in full force and effect unless and until User’s account is terminated as provided herein. User may terminate his/her account as per the instructions provided in the Website and end their use of the Website at any time. Fabloe reserves the right to restrict or terminate your access to the website, if we believe that you have breached any of the Terms.

Indemnification

You shall indemnify and hold harmless the Company and any of its affiliates, their directors, employee, information providers, officers and partners from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including attorney’s fees, arising from or relating to your use of the services provided on the Website, or any act, error, or omission by you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; or violation of any Applicable Law.

Online Purchases

The Website serves as a platform for the Users to purchase the Products. User by registering at the Website, agrees to abide by the terms and conditions mentioned within the said contract. The contractual terms and conditions include but are not limited to, price, shipping charges, mode of delivery, warranties related to Products and services, after sales services, etc., which are under Fabloe purview and may be subject to change at our discretion.

The Agreement between You and Fabloe is subject to following conditions:

User’s use of the Website as permitted is solely for his/her personal use;

User certifies that he/she is aged 18 years and above, or has obtained the consent of his or her legal guardian before making the purchase;

All prices are in Indian Rupees unless indicated otherwise;

  • User is obligated to complete a transaction, once he or she has indicated the intention to purchase by initiating the transaction on our Website.

  • In case the price of the Product ordered is wrongly mentioned, in error, the order shall be cancelled regardless of whether the order has been confirmed or not. In event the payment has been processed, the same shall be credited back to your account, and the User shall be notified through email / text message.

  • User shall ultimately be responsible for the credit card transactions, in case of a fraudulent use of a credit card, the User shall have to bear the liability, or prove his or her innocence.

  • In case of missed or wrong delivery due to a mistake in address or wrong name provided, the re-delivery charges shall be applicable, and same shall be claimed from the User.

  • Delivery time of the order starts after the payment gateway confirms the payment. This also includes checking for fraudulent transactions.

  • Fabloe  ships all orders within 7 working days of receipt of payment. However, this may vary from product to product and depends on nature of the product.

  • Fabloe shall not be liable for any delay/non-delivery of purchased goods in the event of any unfavorable event.

  • Fabloe is not responsible for any damage arising out of usage of product by the User.

  • In case of an attempt by the User to damage the Website deliberately, or undermine the legitimate operation of the Website, Fabloe  shall seek damages from the User under appropriate criminal and civil Laws and to the fullest extent permitted by the Applicable Law.

  • User certifies that all information provided by them on the Website shall be true and accurate. Fabloe reserves the right to confirm and validate the information fed by the user on our system at any time.

  • Product listing on the Website is subject to availability. If certain Products are not available on the Website, Fabloe is under no obligation to inform the User of the same.

User Conducts & Rules

Use of the Website and registration on the Website is not permitted where law prohibits it. By using the services offered by the Website, User represents and warrants the following:

  • User has the right, authority, and capacity to enter into these Terms.

  • User has submitted truthful and accurate registration information.

  • User is neither a competitor of Fabloe nor is using the Website for reasons that are in competition with Fabloe.

  • User will not copy or distribute any part of the Website in any medium.

  • User will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose.

  • User will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website and the proper operation of the Website.

  • User will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

  • User will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

  • User will not upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.

  • User will not harvest or otherwise collect information about other Users, including email addresses, without their consent;

  • User will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

  • User will not violate any code of conduct or other guidelines, which may be applicable for or to any particular Product or service offered on the Website;

  • User will not violate any third party rights.

  • User will not violate any applicable laws or regulations for the time being in force in or outside India.

  • User will not violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

Entire Agreement

The Terms, the Privacy Policy and any other Policy that might be in force, from time to time, regarding any service or Product offered on the Website, constitute the entire agreement between you and Fabloe in relation to your use of the Website. Neither you nor the Fabloe shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated, the Terms, the Privacy Policy and any other Policy that might be in force, from time to time, regarding any service or Product offered on the Website shall supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Fabloe in respect of your use of the Website.

Warranties

Fabloe makes no warranties, representations, and statements or guarantees (whether express, implied in law or residual) regarding the Website, the content of the Website, your (if applicable) personal information or material and information transmitted over our system.

Headings

The headings and subheadings herein are included for convenience and identification only. These headings and subheadings are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.

Waiver

No indulgence or extension of time which Ms. Fabloe may grant to you will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

Feedback & Queries

If you have any questions, comments or concerns arising from the Website, the Term