Terms of Service
These Terms and Use govern your use of, and any purchase from, the FABLOGUE Site, and constitute an agreement between you and FABLOGUE. FABLOGUE reserves the right to change or modify any of these Terms of Service or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Service and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
The Site and all content and other materials, including, without limitation, the FABLOGUE logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of FABLOGUE or its designers or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
At FABLOGUE, we make every attempt to ensure that our online catalog is accurate and complete. In order to give you the opportunity to view our products in greater detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight variances may occur during production process.
Use of the Site
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Site.
You are granted a personal, limited, non-sub-licensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of FABLOGUE, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, FABLOGUE has adopted a policy of terminating and barring, in appropriate circumstances and at FABLOGUE's sole discretion, site users or account holders who are deemed to be repeat infringers. FABLOGUE may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, FABLOGUE, or our products or services that are provided by you to FABLOGUE are non-confidential and shall become the sole property of FABLOGUE. FABLOGUE will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant FABLOGUE and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
To use some of the services or features made available to you on this Site, you will need to register and create an account. You may never use another end user's account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure and notify FABLOGUE immediately of any breach of security or unauthorized use of your account. Although FABLOGUE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for FABLOGUE's losses or others due to such unauthorized use.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through FABLOGUE is strictly limited to parties who can lawfully enter into contracts on the Internet in accordance with the laws of the State of New York.
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals and others who meet FABLOGUE’s terms of eligibility, who have been issued a valid credit card by a bank acceptable to FABLOGUE, and who have authorized FABLOGUE to process charges on their credit card in the amount of the total purchase price for the merchandise, which they purchase. FABLOGUE reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Moreover, by making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where FABLOGUE feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
All orders are subject to acceptance and availability. To the extent possible we do ensure that our product availability is accurate on the website, but in the event that we receive an unprecedented number of orders we may not be able to fulfill the item right away. If such an event occurs you will be notified about possible options.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
Please note that items in your shopping basket are not reserved and may be purchased by other customers.
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State. In case of designers based out side of USA, import duties will be assessed and applied to the order.
All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of typographical error.
Prices may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause.
ACCEPTANCE OF YOUR ORDER
Once you place an order, you will receive a notification about the details of your order. This email is NOT an acceptance of your order. Unless you cancel your order, acceptance of your order will be sent upon completion of the packing of your order. A contract will be complete between you and FABLOGUE when we dispatch the goods to you at which time you will receive a second email containing your tracking number, and confirming that your order has been dispatched. The sale contract there by is concluded in the State of New York, USA.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply on a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms of Service.
In addition, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, American Express, and or PayPal. Payment will be debited and cleared from your account upon completion of the packing of your order by FABLOGUE. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to FABLOGUE, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit card, we will not charge you for the item or any taxes, shipping or handling charges.
We take reasonable care to make our Site as secure as possible. All credit card transactions on this site are processed using PayPal’s secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple and secure FABLOGUE uses Secure Socket Layer (SSL) technology.
Furthermore, we will take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, further more we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
FABLOGUE insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient other than yourself for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by FABLOGUE and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 48 hours, for items that are in stock. Made to order items are delivered within 2-4 week’s time. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, FABLOGUE is not responsible for any delays caused by destination customs clearance processes
TRACKING YOUR ORDER
Once we ship your order a tracking number will be sent to you along with shipping confirmation, which can be used to track your shipment on the shipping company’s website.
With the exception of made to order products, If you are not fully satisfied with your purchase, we will gladly accept returns and exchanges within 5 business days of receipt of the item. Only items that have not been worn, altered, or washed and with all the original tags/protective packaging attached. Most made to order products are not returnable please read the product description to understand the terms.
Please contact us at email@example.com. You must ship the return back to us with 5 business days of receiving the item. You are responsible for the cost of return shipping, and the original shipping charges are non-refundable. We do not accept any returns after 5 business days.
Please make sure to send returns to the return address provided to you on the return form. The provided RMA number must be entered on the return form along with all other required information. We cannot accept returns for personalized or customized items. Final sale items cannot be returned.
While most items can be exchanged within 5 business days, they may only be exchanged for another item from the same brand/designer of the originally ordered item. We will accept an exchange only if the item has not been worn, altered, washed. The item has to retain original tags/protective packaging. You will be responsible for the cost of shipping the item to us as well as shipping charges incurred by us while shipping an exchanged item.
If you receive an item that is broken due to manufacturing defect or got damaged during shipping and handling we will gladly fix/exchange the item with no charge to you. Please make sure to contact us within 5 business days of the receipt of the merchandize. Note that we will not be liable to honor this policy if you do not contact us within 5 business days of receipt of the merchandize.
RECEIVING A REFUND
If your order has been sent to a destination within New York, all sales taxes will be refunded. Outside the United States, customs duties and sales taxes are non-refundable. However, you may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside of the US will be processed for customs clearance and any relevant import duty and tax charges will apply. For items shipped from outside of U.S., customs may not be refundable by FABLOGUE. But you can contact U.S. Customs and request a refund.
You agree to defend, indemnify and hold harmless FABLOGUE, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against FABLOGUE and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FABLOGUE, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FABLOGUE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. FABLOGUE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FABLOGUE DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL FABLOGUE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FABLOGUE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FABLOGUE'S RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms of Service and your use of this site will be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Queens County, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.