Kindly read the below-mentioned terms and conditions carefully because your use of our services is subject to accepting and complying with them (“Terms”).
Through subscription or use of any of our services, you condescend that you have perused and comprehended the terms. It also implies that the Terms are binding, regardless of your method of subscription for using these services. If you do not desire the Terms to bind you, you should not subscribe to or utilize our services.
In this document, references to “user” or “you” shall refer to the end user who accesses the website, its content, and utilizes the Services that the website offers. “Service Providers” refer to independent, third-party service providers. Moreover, “we”, “our”, “us” shall mean Fabuliv as well as its partners and affiliates.
The website of Fabuliv (“Website”) is an Internet-based E-commerce portal, which has been incorporated under Indian laws.
Usage of the website has been offered to you on the condition that you accept (without any modification) all the terms, notices, and conditions present in this document, as and when posted on the Website at different times. Fabuliv.com reserves the right (based on its sole discretion) not to allow access to a particular User from registering and accessing the Website without providing any reason.
The www.fabuliv.com is owned and operated by Ishita Craft Essentials Private Limited.
Ishita Craft Essentials Private Ltd.
701, Saksham Apartments, sector 10 Dwarka,
New Delhi, 110075,
Account, Password, and Security of Users
Once you have completed the registration process on the Website, you will be provided an account designation and password. It is your responsibility to maintain the confidentiality of your account and password. What’s more, you will be completely responsible for all transactions that occur through your account. You agree to (1) quickly send a notification to Fabuliv with regard to any unauthorized use of your account or password or any other security breach (2) make sure you log out of your account at the end of the browsing session. Fabuliv cannot be held liable for any damage or loss that arises from your failure with regard to compliance with Section 2.
Fabuliv.com offers several services via the Website that are Internet based. Collectively, these services shall be termed “Service”. One particular service allows users to buy original home decor products (collectively called “Products”). After processing the order, Fabuliv shall ship the Product to your address in return for payment for these Products and Services.
The user undertakes and agrees not to carry out reverse engineering, copying, distribution, transmission, display, performance, reproduction, publishing, licensing, and creation of derivate works or sell or transfer any software or information obtained from the Website. Limited copying and reproduction of the website’s content are permissible on the condition that Fabuliv’s name is indicated as the source of the content, and prior permission from Fabuliv is sought. For resolving all doubts, we clarify that wholesale or unlimited reproduction, copying of content for non-commercial or commercial purposes as well as modifying the info and data within the Website’s content are not allowed.
Conduct and Rules for the User:
You undertake and agree to utilize the Website and the Services only to post or send messages and matter that are relevant and proper. Through example, and not as a kind of limitation, you have agreed and undertaken that while using our services, you shall not:
Cause defamation, abuse, stalking, threatening, or violation of the legal rights of other people;
Carry out publishing, posting, uploading, distribution, or dissemination of any unlawful, indecent, obscene, infringing, defamatory, profane, or inappropriate information, material, name, or topic;
Carry out uploading of files that may contain software or other content that are protected through intellectual property laws, unless you are the owner or controller of the rights thereto or have acquired all required consents;
Carry out uploading or distribution of files that may contain viruses, or may be corrupted, or may contain any software or program that could potentially damage the Website’s operation or the computers of other users;
Carry out surveys, chain letters, pyramid schemes, or contests;
Carry out downloading of files that may be posted by some other user of a service that you may have known is illegal;
Carry out falsification or deletion of author attributions, legal and proper notices, proprietary designations and labels of the origin of software or other such material that is contained in an uploaded file;
Carry out violation of any guidelines or code of conduct, which may apply to a particular service;
Carry out violation of applicable laws and regulations enforced within or outside the Indian territory
Carry out violation of any of the terms or conditions mentioned in this Agreement or any other ones for the utilization of the Website that are contained elsewhere herein.
User Warranty and Representation:
The user certifies, warrants, and guarantees that you are the sole owner and authority of the submitted content and that the content does not hamper the property, intellectual property rights, and applicable rights of others. You further certify that according to your knowledge, no proceedings, suits, investigations, or action has been initiated with regard to any content, including copyright, trade name service mark, trademark utilized by you presently or formerly in connection with the Services offered by Fabuliv.
No Guarantee on Exactness:
Fabuliv hereby disclaims exactness guarantee with regard to the appearance and finish of the product order by users. The product quality and the services rendered may fail to meet your expectations. Changes to particular aspects with regard to your order such as brand of merchandise, size, or color may be needed because of limitations that are caused by availability of difference in size charts of the respective brands. In this event, you need to agree that a Fabuliv’s representative will either call you or send a request of approval through email address, which you had submitted while placing your order. If you fail to agree with the change that has been requested, you reserve the right to reject the production change request by sending a reply within ten days of it being sent to you. Fabuliv.com may send a re-request to you for accepting an alteration in product one more time if any alternative way to dispatch your merchandise is readily available. If you happen to reject this second request, your order will face cancellation and you will be completely refunded through your initial payment mode.
Intellectual Property Rights:
1. Unless otherwise stated or anything that is contained to the contrary or any proprietary material that is owned by a 3rd party and so duly mentioned, Fabuliv is the owner of all Intellectual Property Rights to the Website, including, without limits, any or all rights, titles, interests pertaining to copyright, patents, related rights, trademarks, utility models, trade names service marks, know-how, designs, inventions (regardless of patent), trade secrets, hyperlinks, icons, graphics, content, text, databases, meta tags, and source codes. You confirm and agree that you will not utilize, distribute, or reproduce any content obtained from the website that belongs to Fabuliv without prior authorization.
2. Notwithstanding the foregoing, it is clearly expressed that you will be the sole owner and will be completely responsible for content provided or uploaded while using any service, including videos, sound, music, photographs, images, information, data, text or any other content that you may upload, store, or transmit, while utilizing Fabuliv’s services. However, when it comes to product customization service (as opposed to forums and blogs), you agree that by posting or uploading content on the website for public use or viewing of your content by third-party users, you accept the “User”, wherein you grant a license that is non-exclusive for the use of the same.
Links to Third-Party Websites:
Fabuliv’s website may contain links to other sites, called as “Linked Sites.” These sites are beyond the control of Fabuliv or its website, and Fabuliv will not be held responsible for the Linked Site’s content, including (without limits) links present in a Linked Site or any alterations to a Linked Site. Fabuliv will not be held responsible for method of transmission received by you from such Linked Sites. Fabuliv is offering these links to you for your benefit, and including any link cannot be deemed as endorsement by Fabuliv or the Linked Sites’ Websites or any kind of association with its owners or operators, including thereof the legal heirs and assigns. All users are requested to carry out verification with regard to the accuracy of the info on their own before relying and depending on such information.
Warranty Disclaimer/Liability Limitation:
Fabuliv endeavors to make sure that all information on the Website is accurate. However, it neither makes any representation nor warrants with regard to completeness, accuracy or quality of any product, service, information, or data. Under no circumstances, shall Fabuliv be liable for any indirect, direct, incidental, special, consequential, or punitive damages or any such damage that results from: (1) Usage or inability to use the Service; (2) Alteration or unauthorized access to the data or transmissions of the user; (3) Any other problem with regard to the services, including (without limitation) damages for loss of use, profits or data, arising out of any way in connection with the usage or performance of the Service or Website. In addition, Fabuliv will not own responsibility for any delay or lack of ability to utilize the Website or related services, providing or the inability to provide Services, or for any info, services, products, software, or related graphics obtained from the website, or otherwise issuing through the website’s use, whether based on strict liability, negligence, tort, or contract, or otherwise. In addition, Fabuliv will not be responsible for inaccessibility to the Website during maintenance or because of technical issues, or for any reason beyond the control of Fabuliv. The user comprehends and agrees that any data and/or material downloaded or obtained from the Website is at his or her sole risk and discretion, and they will be held responsible if any damage is done to their computers or data loss arising from download of such data and/or material.
You acquiesce to indemnify, hold harmless, and defend Fabuliv from all damages, claims, liabilities, losses, expenses and costs (including legal fees or disbursements) that have been asserted against or have been incurred by Fabuliv that may arise out of results from or could be payable due to any non-performance or breach of any agreement, covenant, warranty, or representation made or performance of obligation by you in pursuant of these Terms.
Cancellation of Fraudulent/Loss to Business Orders:
To offer a secure and safe shopping experience, we constantly monitor transactions to check for fraudulent activity. If any suspicious activity is detected, Fabuliv holds the right to cancel any pending or future orders without liability. Moreover, Fabuliv also holds the right to cancel or refuse orders in cases of inaccuracy in product pricing on website and availability of stock. We may also need further information or verification before processing any order. We will get in touch with you if the entire order or any portion of the order has been cancelled, or if additional info is needed to process your order. If your order is cancelled post charging your card, the whole amount will be refunded to your account. Promotional vouchers utilized for cancelled orders may not be reimbursed.
The customer may be deemed fraudulent in the event of the following scenarios:
Customer fails to reply to the payment verification email sent by Fabuliv
Customers does not submit proper documents during verification of payment details
Misuse of some other customer’s email or phone
Customer utilizes invalid email address and phone number
Abuse of voucher codes
Usage of a special voucher that is not tagged to the email address used
Return of the wrong product
Refusal to pay for an order
Customer gets involved in the snatch and run with regard to any order
Customers coming in fraudulent or loss to business category will have their accounts blocked.
Product pricing is displayed on the website and are inculcated in these Terms by reference. All prices are stated in Indian rupees. Prices, products, or services may be altered at the sole discretion of Fabuliv.
Title and chances of loss for each product ordered by you shall be passed on to you via Fabuliv’s shipment to the shipping partner.
Fabuliv may temporarily suspend or completely terminate your use of its Website or Service if it perceives (according to its absolute and sole discretion) that you have violated or breached the terms and conditions spelled out in this document.
If Fabuliv or you terminate the use of any Service or the Fabuliv website, Fabuliv reserves the right to delete any material or content pertaining to your use of the Service. Further, Fabuliv will not be liable to you or any 3rd party for performing this task.
You will be liable to make a payment for any product or Service that has already been ordered until termination time by either party. Moreover, you will be entitled to Royalty Payments according to the User License Agreement that is deemed accrued to you legally.
These Terms will be governed by the laws of India with no reference to the principles of conflict of laws, and disputes that arise in relation hereto will be subject to the New Delhi court’s exclusive jurisdiction.
The headings and sub-headings included herein are meant for identification and convenience. They do not have an intention for describing, interpreting, defining, or limiting the intent, scope, and extent of the Terms or your right to utilize the Website, any section or pages of the site or any Linked Sites.
Number and Gender Interpretation:
The Terms stated in this document are applicable equally to both singular and plural forms of the defined terms. According to the context, any pronoun stated is applicable to both masculine and feminine. The terms “including”, “includes”, or “include” shall be considered to be followed by the words “without limitation.” Unless demanded by the context, the terms “hereunder”, “hereto”, “hereof”, “herein” and words of similar meaning make a reference to the Terms as a whole entity.
If any provision mentioned in the Terms is considered invalid or unenforceable in part or whole, such invalidity or unenforceability will attach only to a specific provision or part of the specific provision, and the remaining part of the provision and all other provisions mentioned in the Terms will continue to be in complete effect.
According to these Terms, users are wholly and solely responsible for every piece of information uploaded on our Website. Fabuliv does not conduct a review of the content before it appears on the site. Fabuliv does not vouch, endorse, or verify the contents pertaining to any user or any content that is posted on the Website. Users may be liable for their content and are legally accountable if their content includes defamatory comments or material with a trademark or copyright. If you happen to spot a violation or abuse of these Terms, please report it to our Customer Care Team.
Procedure in Case of Mispricing:
Despite stupendous efforts, a minor percentage of the hundreds of products in our catalogue may be mispriced. However, we do our best to verify the prices during the dispatch procedure.
If a product’s correct price is lower than the stated price, we bill you the lower price and send you the product.
If a product’s correct price is higher than the stated price, we shall cancel the order and send you a notification about the cancellation.
Terms for Campaigns/Offers/Contests/Promotions
General Terms for Offers and Promotions
Discounts are applicable to the total order value, including Value Added Tax (VAT) and applicable taxes. Issuance and redeeming of a coupon or voucher will be applicable to the complete value of the order, post application of all promotional discounts.
Only one coupon/gift coupon/credit note can be utilized per order unless stated otherwise.
Discount Coupons: These coupons may be gifted to account holders. Such coupons are only applicable to purchases made via the account to which the coupon was offered and then registered. In case of refunds, this will be carried out in the same manner as the payment method, such as debit/credit card, gift vouchers, a combination of the two, and in case of Cash on Delivery (COD), a cheque.
Promotional Discount Coupons: We may offer promotional discount coupons from time to time, which may be applicable to particular, specified purchases made through the Website.
Fabuliv may come up with several offers, contests, and schemes. The terms and conditions for the same shall be made available on the Website.
Fabuliv holds the right to delete/add/modify/change any term or condition applicable to a particular promotional scheme that it comes up with. According to the discretion of Fabuliv, it can withdraw a specific scheme from the Website.
In case of queries with regard to our coupons or credit notes or regarding specific schemes, please send an email to Customer Care Team at [email protected] or get in touch through phone +91 7827-133-144.
During participation in Fabuliv contests, you agree to release and hold Fabuliv (and its employees, agents, officers, directors, affiliates, joint ventures, and subsidiaries) harmless from any demand or claim, however not limited to lawyer’s fees, or stemming from or in relation to your participation in the specific contest.
It is the responsibility of the customer to login early if they wish to avail enhanced products and styles because the sales at Fabuliv are on a “first come, first serve” basis. The merchandize is never restocked post sell out. No info with regard to any presence of a particular product in our stock can be guaranteed. We will alert buyers only once an item gets sold out.