Read below mentioned Terms of Use Agreement of “fabulousnaturals.com” before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on January 30th 2024.
This Terms of Use Agreement sets forth the standards of use of the “Fabulousnaturals.com”. By using the website you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at fabulousnaturals.com website. By using this Website, you signify your agreement to this Terms of Use as well as the Website’s Privacy Policy (which is incorporated by reference herein.). This Terms of Use sets out the legally binding terms of the Services available on the Website as well as the terms of use of this Website. This Terms of Use along with the Privacy Policy extends to both users who visit the Website but do not transact business on the Website (“Users”) as well as users who are registered and are authorized by the Website to transact business on the Website (“Members”). Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Use of the Website
Fabulousnaturals.com web site(s) and content are intended solely for personal and commercial use by visitors and on-line shoppers. Any use of this web site or its content other than for personal and non-commercial purposes is prohibited. You further agree not to access or use Fabulousnaturals.com in any manner that may be harmful to the operation of the web site or its content.
Ownership
Fabulousnaturals.com and other marks indicated on the website are trademarks and/or service marks of Fabulousnaturals.com. Other graphics, logos, headers, icons, scripts and service names are also trademarks of Fabulousnaturals.com and may not be used in connection with any product or service that is not affiliated to Fabulousnaturals.com, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Fabulousnaturals.com.
All other trademarks related to the products sold on this web site are the sole property of their respective owners.
Nothing on this web site or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed on the web site without the express written permission of Fabulousnaturals.com or the trademark or service mark owner. Neither the names Fabulousnaturals or logos may be used for any purpose without Fabulousnaturals.com prior written consent. Fabulousnaturals.com logos may not be used as a “hot” link to any other web site without Fabulousnaturals.com prior written consent. None of the content found on this site may be reproduced, republished, distributed, displayed, sold or modified without the express written permission of Fabulousnaturals.com.
Description of Service
Recommendations of the company representative are not guaranteed under any circumstances and the Company shall not be held liable for any loss and / or damage suffered by the Members who rely on such recommendations.
Some items may appear slightly different than actual advertised photo due to screen defaults and photography techniques. Items may be shown in sizes different from the actual size in order to clearly show details or to show the entire item.
Fabulousnaturals.com makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Fabulousnaturals.com cannot guarantee that your monitor’s display of any product color, detail or texture will be accurate. In addition, Fabulousnaturals.com does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Fabulousnaturals.com makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Fabulousnaturals.com reserves the right to refuse sale of that item. If the pricing error is discovered after payment has been finalized, Fabulousnaturals.com reserves the right to cancel the sale and refund the transaction in full. If a product offered by Fabulousnaturals.com is not as described, your sole remedy is to return it in unused condition.
Accuracy of Information on this Web site
Every effort has been made to ensure the accuracy of the information presented on this Web site; however, we assume no responsibility for its accuracy and the information should not be relied upon as accurate, timely or fit for any particular purpose. Further, we assume no obligation to update the information contained on this Web site or to advise of any further developments concerning any topics mentioned. The information on this Web site may be changed at any time without notice.
Infrequently, data may be inaccurately displayed on the Website due to system errors. The Company reserves the right to correct any and all errors when they do occur and the Company does not honor inaccurate or erroneous prices. The prices on the Website are also subject to change without notice. For any order the price is the prevailing price on the day the order is completed.
Disclaimer of Warranties and Limitation of Liability
The materials and information provided by Fabulousnaturals.com on any of its web sites are provided on an “as is” and “as available” basis. The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
You agree that your access to, and use of all Fabulousnaturals.com web site is at your own risk.
To the fullest extent permissible by applicable law, Fabulousnaturals.com disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Fabulousnaturals.com does not warrant that its website, its servers, or email sent from Fabulousnaturals.com are free of viruses or other harmful components. The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, yours or your company’s personal information or material and information transmitted over our system.
This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of god, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Fabulousnaturals.com is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.
Fabulousnaturals.com or its resellers, suppliers, distributors and service providers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the company’s reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the company or resellers, distributors, service providers and suppliers.
However, in no event shall Fabulousnaturals.com aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Fabulousnaturals.com by you for accessing Fabulousnaturals.com’ web site.
You agree to defend, indemnify, and hold harmless Fabulousnaturals.com and its officers, directors, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of any Fabulousnaturals.com web site or your breach of these terms of use. Further in the event of your breach of these terms of use, you agree that Fabulousnaturals.com will be irreparably harmed and will not have an adequate remedy in money or damages. Fabulousnaturals.com therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. Fabulousnaturals.com right to obtain such relief shall not limit its right to obtain other remedies.
Any failure or delay of Fabulousnaturals.com to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision.
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.
Use of Personal Information Collected
Fabulousnaturals.com may collect personally identifiable information from you, meaning information about you that can be used to contact or uniquely identify you (“Personal Information”), only on a voluntary basis. Such Personal Information may include information such as your name, postal address, email address, and telephone number.
We collect Personal Information from you if you request information from us or sign up to join our email lists. Personal Information we collect is internally reviewed and used to improve our Sites, to notify you of updates to our Sites or any products or services we offer, to respond to visitor inquiries, to carry out our obligations and enforce our rights, and to fulfill any other purpose for which you provide your Personal Information to us, such as newsletters. Once your Personal Information is reviewed, it is either discarded or stored on a secure dedicated server . For your safety and protection, your credit card information is not stored on Fabulousnaturals.com servers. Our payment gateway provider keeps this information encrypted and secure on your behalf.
Your Personal Information, including without limitation your email address, will not be sold or provided to third parties except as set forth in this Privacy Policy. We will seek to obtain written or active email consent from you if we intend to use information collected from you in a manner different from that stated at the time of collection.
Conflict of terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section of the website.
Severability
EACH PARAGRAPH, CLAUSE, SUB-CLAUSE AND PROVISION OF THIS TERMS OF USE SHALL BE SEVERABLE FROM EACH OTHER AND IF FOR ANY REASON ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION IS INVALID OR UNENFORCEABLE, Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Payment
The Company offers multiple payment options to Members on the Website:
a) Online Payment: Members can make online payments using his / her debit, credit card; and
The Company will process the order only after realization of payment.
Order Cancellation
Order can be cancelled within 24 hours from the time of order placed, by email to our customer care id support@fabulousnaturals.com from the registered id.
Applicable laws (choice of venue and forum)
The parties agree that the courts located in New York, USA, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Pricing
The price stated on the Website is FINAL or validity of the information provided by the Service or the expertise of those providing information via the Service.
Shipping and Delivery
Delivery shall be made by the service chosen by the customer. All FREE SHIPPING will be the choice of Fabulousnaturals.com
. All items shall be delivered directly to the person as specified at the time of placing the order. The recipient details cannot be changed under any circumstances once the order is processed.
The shipping address can be changed after the order has been placed, but only before the item is shipped. For this the Member has to call at customer service number of the company.
Recipient who will accept delivery should not accept delivery if the box or packaging has been tampered with or if the box is empty.
The recipients must open the package and check its contents prior to accepting the delivery or signing the delivery receipt.
If the recipient is not available at the time of delivery, the courier company shall try and deliver the item thrice before returning the same to Company. All costs for re-shipment and handling in the case of non-delivery to the Member shall be chargeable to the Member.
Delivery guarantee is subject to terms and conditions of the courier company. Any inconsistencies in name or address will result in non delivery of the product.
Applicable law
By visiting the Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the site or its affiliates.
Disputes
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Hicksville, New York except that, to the extent you have in any manner violated or threatened to violate Fabulousnaturals.com’s intellectual property rights, the site may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.
Address
Fabulousnaturals.com
64 Division Ave,
Hicksville NY 11801