Last updated: 8th of October 2019
Below you can find the terms and conditions for our website www.fabuliciousme.com (and its equivalent pages in other languages, all of which beyond this point referred to as “our website”), and any of our products (“product” or “products”) listed on our website.
Note that we can change or revise any of the below terms at any time, therefore please check this page from time to time to make note of any change.
Each of the provisions of these Terms of Sales operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
A.1.1. www.fabuliciousme.com (“we”, “us”, “our”) is a website operated by Arctic Fox Concept S.L., with headquarters in Los Collados Zieschang 22, 30880 Aguilas, Spain (registration number B73973034 and VAT-number ESB73973034).
A.2.1. You can order one or multiple of our products using the process outlined on our website. By doing so you acknowledge that you are obliged to pay for these products, if we decide to accept the order.
A.2.2. Please take the time to read and double check your order at every step of the ordering process. Our process allows to amend and change at every step.
A.2.3. All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched. In case we do not accept your order, but you have already paid for the Product or Products we will refund you the full corresponding amount as soon as possible.
A.2.4. Regrettably we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause C.1.
A.2.5. You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
A.3.1. All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
A.3.2. Please see our shipping policy for delivery costs by destination and item type. We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 60 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 60 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded the amount paid for the order. Ownership and risk in the products you have ordered will pass to you from the time they are delivered to you. .
A.4.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours of the Products accurately. Also the materials used might vary slightly and/or minor design modifications within reason may occur. As a result, the Products that are delivered to you may vary slightly from those images.
A.4.2. Although we have made every effort to be as accurate as possible, any measurements indicated are approximate only. Slight modifications within reason may occur.
A.5.1. The price of any Product will be as quoted on our site, except in cases of obvious error.
A.5.2. The price of any Product may change from time to time, but changes will not affect any order we have accepted.
A.5.3. The price of a Product includes VAT (where it applies) and standard delivery costs (also see our Shipping & Delivery and Returns policies page). Any additional costs where applicable (for example remote area shipping) will be added to the price of the Products and set out as part of the total amount due during the order process. By ordering the Products you acknowledge the obligation to pay for both the product as any such additional costs.
A.5.4. It is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.
A.5.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
A.6.1. We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable extra charges in advance of delivery of the Products.
A.6.2. By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
A.6.3. In case final payment is not processed correctly we hold the right to delay and potentially cancel your order.
A.7.1. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including any extra charges where applicable.
A.7.2. The Products will be your responsibility from the time that you take physical possession of the Products
A.8.1. From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
A.8.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion will be set out in this section of these Terms of Sale.
A.8.3 If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out in that specific section and the general terms set out in section A will apply. To the extent of any inconsistency, the Promotion-specific terms set out shall prevail.
B.1.1. The estimated delivery time depends on the country. As soon as your order has been shipped, you will receive a shipping confirmation email with a tracking number. All shipping prices includes VAT. Please be aware of a longer delivery time during the holidays and sale periods. We are working towards having your order processed within 5-10 working days.
Outside Europe: Packages will be shipped (for free) using our standard shipping service. Customs, taxes, duties, and collection fees may still apply. All duties and/or taxes are the responsibility of the customer and are not collected by Fabulicious Me, nor are they included in the order total. Any applicable fees will be due upon delivery. We deliver worldwide. However, we do not ship to APO, post office box or FPO address.
B.2.1. The images of the products on the (desktop or mobile) website and/or app are for illustrative purposes only. Although we have made every effort to display the colours and design features accurately. We cannot guarantee that your screen’s display can accurately display the colour of the products. Your products may vary slightly in colour from those images. The packaging of the products may vary from that is shown on the images on the (desktop or mobile) website and/or app.
B.3.1. All products on the website are subject to availability and payment being received before your order is processed. We will contact you if the products you have ordered are out of stock, or if additional identification is needed for credit card verification.
B.4.1. We aim to deliver all orders within 15 working days of your order being processed. Once your order is shipped, we will send you a tracking number through email. Please note that it may take up to 48 hours before the tracking number can be updated online.
B.5.1. If you order products from our website for delivery to an international destination, your order may be subject to import duties and taxes once a shipment reaches your country. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict what they may be. International orders may be subject to customs clearance procedures, which may cause delays beyond original delivery estimates. When ordering from us, you are considered the “importer of record” and must comply with all laws and regulations of the country in which you are receiving the goods. We will not be liable or responsible if you break any such law.
B.6.1. In the event that delivery is rejected for any reason or considered undeliverable because of an invalid shipping address. We are not responsible for packages that have been lost, stolen or mis-delivered. After a failed attempt of delivery, your order will be returned to our warehouse. Please note that once you have placed an order, it is no longer possible to modify your shipping address.
B.7.1. You are required to inspect the delivered products once you receive your order and ensure that the products are “as expected” condition. In the event they are not in an “as expected” condition, please mail to info@fabuliciousme.com as soon as possible, with all necessary information (order, contact details and problem description) and including photographic proof.
B.9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations if caused by events outside our reasonable control, including (but not restricted to) fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, or acts of local or central government or other competent authorities.
B.7.1. You are required to inspect the delivered products once you receive your order and ensure that the products are “as expected” condition. In the event they are not in an “as expected” condition, please mail to info@fabuliciousme.com as soon as possible, with all necessary information (order, contact details and problem description) and including photographic proof.
C.1.1. We hope you are happy with your purchase. Nonetheless, we will accept returns, and issue a refund or (web)store credit. Anything that has been purchased online can be returned to our warehouse. Within 14 days, orders may be returned and we will issue a refund. To send the item back please contact us on info@fabuliciousme.com to obtain a return form.
C.1.2. If you do not like your new purchase, you may return the item(s) for a full refund of the purchased price, by mail to our warehouse. We only accept undamaged, unaltered, unsoiled, unused, unworn and unwashed products (other than to try the product(s) on and in the same state that it was sold to you). For hygiene reasons, underwear briefs, bodies, swimwear and pierced jewellery cannot be returned or exchanged unless faulty. Please note that where possible, any labels or tags must remain intact and attached. The product(s) should be returned in or with its original packaging
C.1.3. We are happy to offer an exchange or refund when the product is defect, we will offer exchange for unworn items returned in their original condition and packaging, with the return form fully filled in. Please be aware that all responsible return costs are applicable by the customer. Refunds and exchanges will only be given on items returned within 14 days of receipt of the order.
C.1.4. Items that are returned as faulty and are showing signs of damage which are not the result of a manufacturing fault will not be accepted. This includes accidental, malicious or wearer related damages. In addition, underwear briefs, bodies, swimwear and pierced jewellery cannot be returned or exchanged. As soon as we have received and approved your return, it will take approximately 10-20 business days to process your refund.
C.1.5. In the event that you haven’t received a refund yet, first check your account balance with the payment method you used. Please note that it always takes some processing time before a refund is issued. In the event that you have already contacted your payment carriers and banks and regardless you have not gotten your refund yet. Please get in touch with us on our email info@fabuliciousme.com
C.1.6. Refunds will be issued the same method of payment and the same credit or debit card as the original purchase (except for gift cards and e-gift cards, in which case you will be refunded a credit onto a new gift card). Shipping charges and sales tax on shipping are not refundable.
C.1.7. We will not accept or refund a returned product for faulty if it was damaged whilst being used in a way that it was not intended. The intention of use is at the discretion of Fabulicious Me and will be judged in a reasonable way. If you have received an item which is faulty, or the incorrect item in your delivery. We will help you rectifying this as soon as possible. Please email to info@fabuliciousme.com with the image of the item showing the fault, a description of it and your order details.
C.1.8. Make sure you check your item(s) once you receive your package. Any harm from delivery must be accounted for to us within 14 days of receipt of the item(s). In the event that you get your item(s) and it has been damaged during shipment, please email to info@fabuliciousme.com immediately. Include an image and description of the damaged goods. This information is very useful to us in ensuring that our items are bundled and sent appropriately.
D.1.1. The undermentioned is applicable to the webpage of www.fabuliciousme.com. By using this webpage you agree with the disclaimer.
D.2.1. You can visit this website without notifying who you are and without giving any information about yourself. Although situations may occur that we will need more information about you in order to communicate with you, to book an order or to register your name. We will inform you by all means when we will collect your personal data on internet. Collected personal data will not be sold or will be made available to third parties. Exceptions can occur only when these data are legally required. And at any moment you can request to remove your data out of our files. Please read our privacy policy page for more information.
D.3.1. All information on this website is meant for personal usage. No right or claims can be derived from the information on this website. All modifications, changes and typing errors reserved. We do our utmost to make the information on this website as accurate and complete as possible. www.fabuliciousme.com does not accept any responsibility for damage in whatever form for using this website or for the incompleteness or inaccuracy of the information on this website.
D.3.2. The material displayed on the (desktop or mobile) website and/or app is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Fabulicious Me and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising from or related to the use, inability to use, performance or failures of the (desktop or mobile) website or the linked webpages and/or app and any material posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Fabulicious Me’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
D.4.1. The information and the recommendations on this website can be altered without a preceding warning or notification. We will exert to the utmost to make this website available as much as possible, but we do not accept any liability for the consequences of the non-availability of this website.
D.5.1.The owner of the copyrights of this website is www.fabuliciousme.com or is owned by third parties which have given permission to www.fabuliciousme.com. Usage is only allowed after preceding official authorized permission of Fabulicious Me. Any other use of our site or our site’s content is strictly prohibited. This prohibition includes, but is not limited to:
D.5.1.The owner of the copyrights of this website is www.fabuliciousme.com or is owned by third parties which have given permission to www.fabuliciousme.com. Usage is only allowed after preceding official authorized permission of Fabulicious Me. Any other use of our site or our site’s content is strictly prohibited. This prohibition includes, but is not limited to:
D.6.1. When using our site you must not: (a) circumvent, disable or otherwise interfere with any security related features of the site or features that prevent or restrict use or copying of the content accessible via the site; (b) give any false information in your account details; (c) take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation; (d) use the site if we have suspended or banned you from using it; (e) send junk, spam or repetitive messages; (f) engage in any illegal or unlawful conduct; (g) modify, interfere, intercept, disrupt or hack the site; (h) misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the site, any site user’s equipment or have a detrimental impact on any site user’s experience of using the site; (i) collect any data from the site other than in accordance with these Terms of Use; (j) submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive; (k) abuse, harm or bully another site user, member of our staff or person; (l) submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or (m) submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).
D.6.2. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use the site; (b) immediate, temporary or permanent removal of any User Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
D.6.3. The responses described above are not limited and we may take any other action we reasonably deem appropriate.
D.6.4. Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
D.6.5. We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
D.6.6. Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
D.6.7. In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
D.6.8. We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
D.6.9. If you are browsing our site as a consumer, then nothing in these Terms of Use or any additional terms limits any consumer’s legal rights which cannot be changed by these Terms of Use.
D.6.10. Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury due to our negligence or for any liability for our fraud or fraudulent misrepresentation.
D.7.1. If you believe that content available through the site: (a) infringes your rights or any rights of a third party you represent; or (b) otherwise breaches the Rules of Acceptable Use, please tell us immediately by contacting us on info@fabuliciousme.com.
D.7.2. When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
D.7.3. We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
D.8.1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
D.9.1. Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
D.9.2. You may link to our home page (fabuliciousme.com or country specific equivalent), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
D.10.1 If you breach any of the above mentioned conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
D.11.1. These terms and conditions are to be construed in accordance with the laws of Spain and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Spanish courts.
E.1.1. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
E.1.2. If you have any queries about these Terms of Conditions, please send us an email at info@fabuliciousme.com or contact us via the contact form on our website.
F.1.1. We process information about you in accordance with our Privacy Policy.
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