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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:

Fabulush Ltd.

(678)468-1225

fabulushltd@gmail.com

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

 

We may revise this policy from time to time. You should review our privacy policy periodically so that you keep up-to-date on our most current practices. We will note the effective date of the latest version at the top of each 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.

    

Miscellaneous.

 

(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.

 

 

Shipping policy.

 

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.