At FABULUSH Cosmetics Online, your satisfaction is our guarantee. If for any reason, you are not completely satisfied with the products purchased from our online store, you may return the unused product for exchange or refund (we’ll even pay for the return shipping fee).
This policy describes how FABULUSH LTD. (collectively, “Fabulush”, “we”, “us” or “our”) collects, uses, and shares the information we obtain from you online.
What We Collect
The following are examples of the personal information that we collect:
In addition to the above, we may use the following technologies to automatically collect information about your activities on our websites.
Web beacons, clear pixels, or pixel tags.
Web server logs.
How We Use Your Personal Information
Fabulush primarily uses the personal information that it collects to provide you with products, information, and services. We may use your information to track your purchase history and to contact you for account and promotional purposes. We may also use your personal information for other legitimate business purposes, including to detect and prevent fraud, to collect amounts owing to us and to maintain business records.
How We Share Your Personal Information
Fabulush may share your personal information in the following circumstances:
• Service providers. We may share your personal information with companies that perform services for us, such as fulfilling orders, delivering packages, sending postal mail and e-mails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, conducting customer surveys, and providing customer service.
• Social Networks, Widgets, and Plug-ins. If you use any features made available to you on our website by a third party it may result in information being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook.
• Community Fabulush’s online social community (“Community”) allows you to participate in Fabulush Groups, Fabulush Conversations, the Fabulush Gallery, to provide Ratings & Reviews, and to receive product recommendations.
Some of the information you provide in association with the Community can be seen by everyone on your Profile and some information can only be seen by you on your Profile, as indicated below:
*Even though your skin concerns and hair concerns are only visible to you on your Profile, they will be visible to everyone else on the product page if you submit a Rating & Review.
For more information about Community, see our below
• Other instances. Fabulush may share your personal information in order to protect the legal rights of our company, our employees, our agents, and our affiliates, to protect the safety and security of our visitors, to detect and protect against fraud, or to comply with the law or legal process.
• Business Transition. Fabulush may share your personal information with another company that buys some, or all, of the assets, and that company may use and disclose personal information for purposes similar to what is described in this policy. Fabulush may also share personal information with prospective purchasers to evaluate the proposed transaction.
Fabulush may share de-identified information (i.e., information that is not directly connected to your name) in the following circumstances in addition to those identified above:
• Aggregate information. We may share de-identified aggregate information about our customers with advertisers and marketing partners.
• Behavioral-based advertising. A third party may use technology (e.g., a cookie) to collect information about your use of our website and other websites so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on our website or on other websites.
How We Protect Your Information
We realize that our customers trust us to protect their personal information. We take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your personal information. While we attempt to protect the information in our possession, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances.
You have the following choices with how your information is used:
Communicating With Us
If you have any questions about our privacy or security practices, or if you would like to request access to or correction of your personal information, you can contact Fabulush ’s Team by telephone or e-mail:
Your right to access or correct your personal information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections.
If we need or are required, to contact you concerning any event that involves your personal information we may do so by
e-mail, telephone, or mail.
Changes to This Policy
1. "Cookies" are small bits of information that are placed on the hard drive of your computer. Cookies remember information about your activities on the site to make your visits to our website more enjoyable and valuable to you by providing a customized experience and recognizing your preferences when you visit our website. If you've chosen to disable cookies on your browser, some of the functionality of our website may be lost. Certain of our web page, particularly those that require a login and password, require that cookies be enabled in your browser and cannot be used when you have disabled cookies in your browser.
2. Flash cookies (also called Local Shared Objects or “LSOs”) are data files similar to cookies, except that they can store more complex data. Flash cookies are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services.
3. Web beacons are small graphic images on a Web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.
4. Web server logs are records of activity created by the computer that delivers the web pages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you the webpage. The Web server log also may record information about your browsers, such as your IP address and the cookies set on your browser by the server.
5. Geo-location technology refers to technologies that permit us to determine your location. We may ask you to manually provide location information on our website or to enable your mobile device to send us precise location information. We may also automatically collect general location information from your web browser.
FABULUSH Cosmetics Standard Terms and Conditions of Sale
Parties. "Seller" means FABULUSH Cosmetics. "Buyer" means the customer who has placed an order for Products from Seller. The goods covered by Buyer's purchase order are referred to as the "Products".
Acceptance/No Other Terms and Conditions. Seller's acceptance of Buyer's purchase order is expressly limited to and made conditional upon Buyer's acceptance of the terms and conditions contained herein and in any quotation (if any) previously furnished to Buyer by Seller. Any other terms and conditions which are in addition to or different from those contained herein which are not separately agreed to in writing (except additional provisions specifying quantity, description of the Products and shipping instructions) are deemed material and are hereby objected to and rejected by Seller. Buyer shall be deemed to have assented to all terms and conditions herein if any portion of the Products is accepted by Buyer. No modifications to these Terms and Conditions shall be effected by Seller's receipt or acknowledgment of a written purchase order from Buyer containing additional or different terms or conditions. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof.
Warranty/Limitation of Liability. Seller warrants that at the time of shipment the Products covered by Buyer's purchase order shall meet Seller's specifications and shall be free of all defects in design, workmanship or material. The above warranties are given in lieu of all the warranties, either express or implied, and all other warranties are hereby disclaimed, including without limitation the implied warranties of merchantability and fitness for a particular purpose. In the event that the Products do not meet the foregoing warranties, or in the event that the products are damaged during transit, Seller shall, at its option, replace the Products free of charge or refund the purchase price paid for those Products by Buyer. Such replacement or refund shall constitute Buyer's sole remedy for breach of the foregoing warranties and Seller shall have no additional liability therefor. Seller's liability for damages under Buyer's purchase order or otherwise shall in no event exceed that part of the purchase price applicable to the Product with respect to which such damages are claimed. In no event shall the Seller be liable for any incidental, consequential, special, punitive or indirect damages attributable to the sale of the Products under this Agreement or any other matter arising out of or in connection with this Agreement. Buyer must notify Seller within seven (7) days following receipt of the Products if any Product is damaged or if a shortage occurs. Seller will not be responsible for any claim for damage or shortage not reported within such seven (7) day period.
Payment Terms. Unless otherwise specifically agreed in writing by Seller, all payments for Products shall be made in United States Dollars. Where Seller is extending credit to Buyer, shipment and delivery of Products shall at all times be subject to the approval of Seller's credit department. Should Seller at any time become concerned about Buyer's creditworthiness, Seller may change the terms of payment and/or require payment of cash in advance as a condition of shipment.
Force Majeure/Allocation. Seller shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of any event or contingency beyond the control of either Seller or the suppliers to Seller, including but not limited to failure or delay in transportation; act of God, fire, explosion, flood, hurricanes or other unusually severe weather; strikes, walkouts or other disputes with workers; acts of any government or agency or subdivision thereof or judicial action; shortage of labor, fuel or raw materials; or any other event of similar or dissimilar nature that is Seller's reasonable control. In the event that any event of force majeure occurs, Seller may allocate available production and deliveries among Seller's customers in any manner that Seller deems fit. Buyer agrees to accept, as the full and complete performance by Seller, deliveries in accordance with such determination as Seller may make. In no event shall Seller be required to purchase Products from third parties, nor will Seller be liable for any cost increases suffered by Buyer in purchasing Products from a third party.
Risk of Loss. Except where Seller arranges freight with a carrier of its own choosing, title to and risk of loss of all Products sold under Buyer's purchase order and these Terms and Conditions pass to Buyer upon Seller's delivery to a carrier at the point of shipment, whether or not Seller pays all or any part of the freight. Where Seller arranges freight with a carrier of its own choosing, title to and risk of loss of all Products sold under Buyer's purchase order and these Terms and Conditions shall pass through Buyer upon delivery by the carrier to Buyer's designated location.
Product Diversion. Buyer acknowledges that Seller is selling the Products to Buyer for Buyer's personal use or for distribution through Seller's authorized channels of distribution. Buyer agrees that it shall not divert Products to other resellers that are not authorized distribution channels of Seller, including but not limited to mass retailers. In the event that Seller determines, in its discretion, that Buyer has diverted Product to non-authorized channels of distribution, Seller shall have the right to refuse to make further deliveries to Buyer, in addition to all other remedies available to Seller at law or in equity.
Minimum Resale Prices. Buyer covenants and agrees that it shall not resell, list or advertise the Products at prices lower than the Minimum Resale Prices for the Products established by Seller at the time of sale. If Seller determines, in its discretion that Buyer has violated the immediately preceding sentence, Seller shall have the right, in addition to all other rights available to it at law or in equity, to discontinue making further deliveries of Products to Buyer.
Use of Seller's Trademarks and Website Images. It is understood and agreed that all trademarks, trade names, trade dress and other advertising and promotional materials used or developed by Seller in connection with the Products (including without limitation all text, images and other information found on Seller's website) shall at all times remain the sole and exclusive property Seller. All use of such materials shall inure to the benefit of Seller. Buyer shall not make any use of such materials for any purpose, including Buyer's efforts to resell the Products within Seller's authorized channels of distribution, except with the prior written approval of Seller. All use of text, images and other information found on Seller's website shall also be subject to the terms and conditions regarding use thereof found on Seller's website.
(a) Assignment. Buyer's purchase order and its rights and obligations there under may not be assigned by Buyer without the prior written consent of Seller.
(b) Governing Law. Buyer's purchase order and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its choice of laws or conflicts of law’s provisions.
(c) Waiver. No waiver by Seller of any of the terms of Buyer's purchase order and these Terms and Conditions shall operate to relieve Buyer from responsibility for any prior or subsequent breach of the terms of Buyer's purchase order and these Terms and Conditions. Failure by Seller at any time and from time-to-time to enforce any term or condition of Buyer's purchase order or these Terms and Conditions shall not be deemed to be a waiver thereof on the same or on subsequent occasions, nor a waiver of any other term or condition of Buyer's purchase order or these Terms and Conditions.
All orders are processed upon receipt. Please allow 5 business days for processing. Processing and shipping time estimates do not account for holidays or non - business days. Shipping costs may increase depending on weight, volume, postal code, and shipping method. We have a flat rate of $4.00 for shipping in USA and $8.00 for Canada. Shipping method may be selected at checkout. Currently we are only shipping to USA and Canada. Packages will be shipped in the order they are received. Remote areas may require additional time for delivery. All orders received after 2: 00 PM PST will be processed the next business day. Customs & Import fees may apply to some international orders. The customer is responsible for all customs and/or import fees. By law, we cannot lower the invoice value or send the order as a gift.