Thank you for visiting http://fabcartz.com/
User Agreement:
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms,references to "you", "User" shall mean the end user accessing the Website or App, its contents and using the Services offered through the Website/ App. "Service Providers" mean independent third party service providers, and "we", "us" and "our"shall mean www.fabcartz.com, its franchisor, affiliates, partners, Merchants and sellers.
www.fabcartz.com shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website.Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home www.fabcartz.com to view the most current Terms of Use. All the terms and conditions are applicable for the website and the app of www.fabcartz.com.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by our Terms, Conditions and Policies for Sellers and Buyers.
Eligibility:
This Website/App may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and under charged insolvents are not eligible to use the Website/App . A minor is not allowed to access or register as a User or sell or purchase any items on the Website/App.
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website / App and shall not sell or purchase any items on the App. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user.
Privacy Policy:
We may collect various information if you seek to place an order for a product to us on the Site. We collect, store and process your data for processing your purchase on the Site and any possible later claims, and to provide you with our services. We may collect your title,name, gender, email address, postal address, delivery address (if different),telephone number, mobile number, payment details, payment card details or bank account details.
We need this information in order to allow you to go ahead with placing your order for a product. We may use that data to process payment for the product and deliver the product to you. We also use that data to inform you when the product is about to be delivered.
We may pass your name and address on to at third party in order to make delivery of the product to you (for example to our courier or supplier).
We may also share your data with our franchiser. You further authorize the franchiser to use this information to sell products to you, directly or indirectly.
Buyer Policies:
By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful.
We is not responsible for the side effects one might endure by use of any item bought through the Website/ App
However we takes necessary steps and precautionary measures to ensure that the seller is genuine but we cannot and do not confirm the identity of all parties or guarantee the quality, safety or legality of any aspect of the items listed or the accuracy of the listings. The buyer acknowledges this risk while he agrees to this terms and conditions. We suggest all users employ common sense,and encourage users to contact Us to report any and all suspicious behavior or misappropriation of the site service.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
Seller Policies:
We does not charge any fees for listing an item for sale, only a % of commission is charged which varies for each category, once the entire transaction is over we pay the merchant within 7 – 10 Business days after the product is delivered. Sellers are solely responsible for fulfilling the order and providing an hassle free experience to the customers. The product order should be the same as shown on the website to the customers. In case of any clarification the seller can contact the www.fabcartz.com support team. It is the sole responsibility of the merchant to understand the policies and SLA for selling on www.fabcartz.com
Termination:
If fabcartz.com terminates a listing or your account, if you close your account, or if the payment of your www.fabcartz.com commission cannot be completed for any reason, you remain obligated to pay us for all unpaid fees plus any penalties, if applicable.
fabcartz.com reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership on the website/App and refuse to provide you with access to the Website/App in case of non-payment of fees by you to us.We also reserves the right to take legal action in case of non-payment of fees by you to us. We reserves the right to refuse any of its service to anyone, for any reason, at any time.
Taxes:
You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cess etc. levied there on. Tax liability of the goods sold is on your account and you are responsible to pay the taxes for the product sold.
Breach:
Without limiting other remedies, may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
1.If you breach the User Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions these incorporated therein by reference;or any misuse of the wallet payment facility
2. If fabcartz.com is unable to verify or authenticate any information you provide;
3. If it is believed that your actions may cause legal liability for you, other Users or fabcartz.com. fabcartz.com may at any time at its sole discretion reinstate suspended Users.
A User that has been suspended or blocked may not register or attempt to register with fabcartz.com or use the Website in any manner whatsoever until such time that such User is reinstated by fabcartz.com .Not with standing the foregoing, if you breach the User Agreement or the documents it incorporates by reference, fabcartz.com reserves the right to recover any amounts due and owed by you to fabcartz.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Limitation of Liability:
In no event shall fabcartz.com or its suppliers,affiliates and service providers be liable for any direct, indirect,incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website/App, its services or this agreement (however arising, including negligence) fabcartz.com's liability in any circumstance is limited to the amount of fees, if any, paid by you to fabcartz.com fabcartz.com, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, fabcartz.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
2. Any interruption or errors in the operation of the Website. You expressly understand and agree that fabcartz.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits,goodwill, use, data or other intangible losses (even if fabcartz.com has been advised of the possibility of such damages).
Product Descriptions:
We attempt to describe our products,including their colors, as accurately as possible; however, the appearance of those colors may vary as a result of the quality of your monitor and for other reasons. We cannot guarantee that your monitor's display of any color will be accurate. We also make no guarantees with respect to the accuracy,completeness, reliability, or currency of our product descriptions.
Electronic Communication
When you use the website or send emails or other data,information or communication to us, you agree and understand that you are communicating with us through electronic records and you agree to receive communications from us periodically and whenever required. We will communicate to you through email or content on the Website which will be deemed adequate service of notice /electronic record.
Communication through Chat or Email:
We allow our users to communicate through Ask Question or Contact /Mail Seller/ Merchant Option, amongst one another on the Website/app to get more details of the listed product and/or customize it. However if a buyer and seller get into an agreement on through this option which does not comply with Our guidelines and the terms listed on the sellers shop regarding the listing, both the seller and buyer need to notify Us about their mutual consent.
Mobile Services:
When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
Wallet:
Wallet provided on fabcartz.com can be availed by the customer and the customer may redeem the wallet on every purchase , if an customer has a balance of X rupees in the Wallet and wants to buy a product which is more than the amount available in the wallet in that case the customer may redeem the amount available in the wallet and pay the remaining amount through on line payment, provided the remaining amount is greater than or equal to Rs. 51/ The amount available in the wallet cannot be redeemed in the form of cash, you cannot claim a refund of the amount available in your wallet, the customer can redeem the amount in wallet only by purchasing on fabcartz.com
No Warranty:
fabcartz.com and its suppliers, affiliates and service provider provide the App and services without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title,merchant ability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the App at your risk.
No Guarantee:
fabcartz.com does not guarantee continuous, uninterrupted access to the App,and operation of the App may be interfered with by numerous factors outside fabcartz.com’s control.
User Disputes:
You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and fabcartz.com will have no liability or responsibility with respect there to fabcartz.com reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Intellectual Property Rights:
The Website and the processes, and their selection & arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the"Content") on the Website is owned and controlled by fabcartz.com and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of fabcartz.com or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of fabcartz.com, the vendor or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, fabcartz.com owns all intellectual property rights to and into the trademark "fabcartz.com", and the Website, including, without limitation,any and all rights, title and interest in and to copyright, related rights,patents, utility models, designs, know-how, trade secrets and inventions(patent pending), goodwill, source code, meta tags, databases, text, content,graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that You shall not copy,republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from fabcartz.com or thirty party owner of such Content.
Report Abuse:
In the event you come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to fabcartz.com customer support
Arbitration:
If any dispute arises between you and us during your use of the Website/App or thereafter, in connection with the validity, interpretation,implementation or alleged breach of any provision of the User Agreement, Rules and Policies or the documents they incorporate by reference, the dispute shall be referred to a sole arbiter who shall be an independent and neutral third party identified by us. The place of arbitration shall be sprat, Gujarat. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Governing Law:
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Surat, Gujarat shall have exclusive jurisdiction.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.