This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, that require publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or usage of the www.fabinaliv.com website.

Overview

Welcome to the shop.fabinaliv.com website (“Site”). This Site is operated by Fabinaliv, a company incorporated under the laws of India. All services are rendered by Fabinaliv is through its platform under the brand name Fabinaliv and “www.shop.fabinaliv.com”. Hence, all the rights, benefits, liabilities and obligations under the following Terms of Use shall accrue to Fabinaliv together with its affiliates and associates. Throughout the website, the terms “we”, “us” and “our” refer to Fabinaliv and its affiliates and associates. Your use of this Site, including all information, tools and services available on this Site, is governed by these Terms of Use. Please take a few minutes to review all the terms, conditions, policies and notices stated here.

The Terms of Use (as may be amended from time to time) is a legal contract between you, an individual visitor, customer, vendor, merchant and/or contributor of content of at least 18 years of age, and Fabinaliv. By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Use, including those additional Terms of Use and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation, users who are visitors, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our Site. Your use of any part of the www.fabinaliv.com website or its services constitutes your agreement to be bound by these Terms of Use. Any new features or tools that are added to the current Site shall also be subject to the Terms of Use. If you do not agree to any of these Terms of Use, do not use the fabinaliv.com website or any of its services.

Fabinaliv reserves the right to modify these Terms of Use at any time without prior notice. To determine when these Terms of Use were last modified, refer to the "Last Updated on" date. Your use of the www.fabinaliv.com website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use periodically.

SECTION 1: USER SECURITY AND CONDUCT

This Site may require you to submit some personal information by registering as a user to make certain services available to you. Your submission of such personal information through the Site is governed by our Privacy Policy. You understand that your personal information (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card/Debit card information is always encrypted during transfer over networks. Users who prefer not to furnish personal information may have restricted access to the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the Site through which the Service is provided, without the express written permission of Fabinaliv. By registering as a user and creating an account you are responsible for maintaining the confidentiality of the account information and for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account information or any other breach of security. Fabinaliv cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this section. You may be held liable for any losses incurred by Fabinaliv, any other account holder or any other user of the Site due to authorised or unauthorised use of your account as a result of your failure to keep your account information secure and confidential.

You agree that you will not engage in any activity that, in our judgement, interferes with or disrupts the Service, the servers and networks that are connected to the Service, or the activities of others on the Site; use this site to collect or harvest personal information about other participants on this site; electronically “stalk” or otherwise harass another user; set up additional account(s) to be used for deceptive purposes; and/or use the services, products or links available on this site for illegal purposes.

By using this Site and/or sending email, other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

SECTION 2: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be content on the shop.fabinaliv.com website or in the Service that contains technical, typographical or photographic errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Fabinaliv does not warrant that any of the materials on the Site are accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at your own risk.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have placed your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. You agree that it is your responsibility to monitor any changes to our Site.

SECTION 3: MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

In the future, we may also offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

SECTION 4: PRODUCTS OR SERVICES

Products and services may be available online through the Site in limited quantities and are subject to return or replacement only according to our Returns and Warranty Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5: COLOUR/IMAGE DISCLAIMER

The information provided on this website is for general information purposes and use only. Every endeavour is made to keep the product information complete and accurate. However, the customer is responsible for ensuring the product they purchase is suitable for their specific requirements. Despite every effort to provide accurate images of each product's colour and design, actual colours and design may vary slightly due to different device screen settings, the lighting in the installation location, digital photography, slight differences in product finishes over time and other factors. In purchasing from Fabinaliv, you agree to accept the small risk that there will be a slight variation between actual colour and design, and the representation on our website.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card/Debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7: PAYMENT

While using any of the payment methods available on the Site, Fabinaliv will not be responsible or assume any liability whatsoever in respect of loss or damage arising directly or indirectly to you due to (a) lack of authorisation for any transaction(s); (b) exceeding the priest limit mutually agreed upon by you and your bank(s); (c) any payment issues arising from any transaction; or (d) decline of the transaction for any other reason(s) whatsoever.

You understand, accept and agree that the payment facility provided on shop.fabinaliv.com is neither a banking nor financial service, but is merely an automated online electronic payment facility for transactions on the Site and uses existing authorised online banking infrastructure and credit card/debit card payment gateway networks.

All payments made by you for purchases on the Site must be in Indian rupees. We will not facilitate any transaction in any other currency for purchases/services on www.shop.fabinaliv.com.

Fabinaliv reserves the right to issue a warning, suspend or terminate your use of the Service in case of non-payment for purchases. We also reserve the right to take legal action in case of non-payment for purchases/services.

We also reserve the right to delay notifying payment confirmation if we deem a buyer’s high transaction volumes to be suspicious. This is to ensure the safety of the transaction and payment. In addition, Fabinaliv may withhold a payment without dispatching the purchase (or refunding payment to the buyer), or remit the payment to law enforcement officials/investigation agencies at their request if the buyer is engaged in any illegal activity.

SECTION 8: THIRD-PARTY LINKS

This Site may contain links to websites owned and operated by third parties. These third-party links are provided for your information only and are not an endorsement by Fabinaliv of such third parties or the content of third-party websites. Fabinaliv has no control over any linked third-party website and is not responsible for any information, products or services on these websites. We make no warranties or representations, express or implied, about such linked third-party websites, the third parties they are owned and operated by, the information contained on them, or the suitability or quality of any of their products or services.

If you decide to access any third-party websites, make use of the information contained on them and/or enter into any contract for the supply of goods or services from such a third party, you do so entirely at your own risk. We accept no liability for any damage or loss, howsoever caused, in connection with the use of or reliance on information, material, products or services contained on or accessed through any such linked third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions regarding such linked third-party websites, their information, products or services should be directed to the third party.

SECTION 9: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Fabinaliv on or by the shop.fabinaliv.com website, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain the property of Fabinaliv. Such disclosure, submission or offer of any Comments shall constitute an assignment to Fabinaliv of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Comments. Fabinaliv is and shall be under no obligation to (1) maintain any Comments in confidence; (2) pay a user compensation for any Comments; or (3) respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Use.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right(s). You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are and shall remain solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

SECTION 10: PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, central, state or local regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 11: DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fabinaliv, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted or otherwise made available via the Service, even if advised of their possibility. In jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

SECTION 12: INDEMNIFICATION

You agree to indemnify, defend and hold Fabinaliv and our associates, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 13: SEVERABILITY

Please note that in accordance with the Information Technology (Intermediaries Guidelines) Rules, 2011, failure to comply with the Terms of Use and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the user(s) to the computer resource of the intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to us either under this Terms of Use or any policy contained herein, in any applicable law or under torts.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and rules thereunder as applicable and as amended from time to time, and also all applicable laws, rules and regulations and international laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our Service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

SECTION 14: GOVERNING LAW & DISPUTE RESOLUTION

Unless otherwise specified, the material on this Site is presented solely for the purpose of sale of its products in India and any other country. These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Republic of India. You agree that all claims, differences and disputes arising under or in connection with or in relation to the Site, the Terms of Use or any transactions entered into on or through the Site or the relationship between you and Fabinaliv shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, India, and you hereby accede to and accept the jurisdiction of such courts.

Fabinaliv makes no representation that materials on the Site are appropriate or available for use in countries other than India. Users who choose to access this site from countries other than India do so at their own risk and we are not responsible for the supply of products or services to countries other than India, or for being in compliance with laws outside India.

SECTION 15: CONTACT INFORMATION

Any questions about the Terms of Use should be emailed to info@fabinaliv.com or directed to a customer care representative at +91 79834 52424

SECTION 16: GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000, and rules made thereunder, the name and contact details of the Grievance Officer, who can be contacted with respect to any complaints or concerns, are provided below:

Fabinaliv - Fashion Decor

2-1/1629, Railway Road 2, Shivpuri ,Hapur ,Uttar Pradesh (245101), Hapur, India, Uttar Pradesh

IST: Mon- Fri (9:00 am to 6:00 pm)
Saturday (10:00 am to 1:00 pm)
Email: info@fabinaliv.com