Term & Conditions – Fabka Fabrics

Terms and Conditions

Introduction

Using and accessing FabkaFabrics’s Website deems you to have accepted its terms and conditions (User Agreement) that are for an indefinite period, and you understand and agree that all of these terms are binding on you until you access or use this Website again. You should review the terms and conditions of this User Agreement regularly since we reserve the right to change them from time to time without any obligation to inform you.

The Rights belong to

It is forbidden to use this Website in any other way than for personal, non-commercial use without FabkaFabrics’s written permission. By the laws protecting intellectual property, all information displayed, transmitted, or carried on the Website is protected. Content that appears on the Website may be protected by intellectual property rights owned by third parties. A FabkaFabrics or its licensor designs, updates, and maintains the site. There may not be any modification, publication, transmission, transfer, sale, reproduction, creation of derivative works, distribution, reposting, performance, display, or other commercial exploitation of content on the Website.

Offer Content and Invitation are accurate

We have taken all necessary precautions to ensure that the data and information we provide are accurate. To ensure that the prices listed on this Website are accurate at the time of publishing and the products are fairly described. VAT is included in all prices. As to service tax, it varies with different services, so each is listed separately. There may be variations in packaging. These are approximate weights, dimensions, and capacities. On the Website, we have attempted to display the colors of our products as accurately as possible.

Despite this, we cannot guarantee that the colors that you see will accurately reflect the colors of the product on delivery because the real colors you see will depend on your monitor. All product information and images on our Website are for informational purposes only. They do not imply an offer. The terms and conditions of this User Agreement shall apply to your order for purchase. Your offer may be accepted or rejected in whole or in part.

Once your order has been shipped, we will accept it. In a situation where we do not dispatch all the products ordered at the same time, the portion of the order that has been dispatched will be deemed to have been accepted by us, and the remaining balance would be subject to our acceptance or rejection. Before FabkaFabrics dispatches, the product(s) ordered, no act or omission by the company constitutes acceptance of your offer. Your email and/or phone number will be used to notify you, as soon as possible, when your order has been received and to confirm dispatch and therefore your acceptance of the order.

The following are the terms and conditions of use

Throughout the aforesaid tenure, the user accepts this Terms of Use by using the website/ transacting on the Mobile App/ or completing any purchase;

Any violation of the policies will result in strict legal action against the User by these policies and applicable laws. The User is hereby authorized to only use the site for lawful purposes, as stipulated in the FabkaFabrics and Google policies;
At Fabka Fabrics, we strive to offer customers the best possible prices for the tools and services they purchase or avail of from our website. The price in a particular region or city is not guaranteed to be the cheapest. If the price or availability of a product changes, Fabka Fabrics is not responsible;
Fabka Fabrics’s Shop prices represent the prices it may pass along to any of its vendors to fulfill an order. The promotion will only be valid on the dates specified and it won’t be available on any other date;
Special offers on Products are subject to change without notice if a limited stock or limited period offers to apply. The offers on Fabka Fabrics products may be modified, extended, updated, or withdrawn at the discretion of Fabka Fabrics without prior notice to the Users. We will update the website in such a case with the revisions, as appropriate;
owergenx will not refund a promo code once it has been used once an order has been canceled either by the customer or by Fabka Fabrics; Promotions that require the user to initiate purchases, downloads, or other commitments without first providing relevant information and without obtaining informed consent from the customer or by Fabka Fabrics; Promotions that misrepresent our services;
Fabka Fabrics sells only genuine products through its sellers. The seller of a product listed at FabkaFabrics.com is required to enter into an agreement that only genuine products will be listed on the site. Those who sell products set their prices. If you buy an item from FabkaFabrics.com, we guarantee that it is in good condition. Manufacturing defects, however, are not covered by this guarantee.

When banks extend Cashback offers during the aforesaid period, the Terms and Conditions of said bank/card issuer will apply in addition to these Terms and Conditions;

FabkaFabrics may, at any time, cancel orders placed by Users for a variety of reasons, including but not limited to technical errors, insufficient stock, or for any other reason whatsoever. FabkaFabrics’s decision regarding the cancellation of an order shall be final; FabkaFabrics is in no way responsible for such cancellations.
There may be a difference between the estimated delivery time provided on the website and the actual delivery time. FabkaFabrics endeavors to provide accurate information about its products, services, and prices, but mistakes can occur. FabkaFabrics may, at its discretion, either contact the User for instructions or cancel the User’s order if an error has been made in pricing or product information due to an error in pricing or product or service information;
Unless third-party products were involved, FabkaFabrics reserves the right to change the price of its products or services at any time.
If FabkaFabrics is not able to accept an order, it may cancel it. FabkaFabrics may refuse or cancel any order it deems appropriate, at its sole discretion, without giving the User any reason, and the User acknowledges and agrees that such action is acceptable, and will not dispute/sue FabkaFabrics for that action. FabkaFabrics may cancel the order of the User if FabkaFabrics cannot deliver the products or quantities ordered by the User, if the service is unavailable, if the pricing information is incorrect or incorrect, or if the credit and fraud avoidance team detects a problem with the order;
Before accepting an order, FabkaFabrics may need to verify or provide additional information. If FabkaFabrics must request additional information to accept the User’s order, it will contact the User. The amount charged to your credit card will be refunded back to you if the order is canceled after the amount has been charged;
If the User requests cancellations of their orders, FabkaFabrics will be at liberty to accept or reject them, at its sole discretion, for any reason, without assigning any explanation to the User. FabkaFabrics shall cancel orders if they are not processed/approved by the company and refund the total amount in a reasonable period if FabkaFabrics receives a cancellation notice;
FabkaFabrics will not be able to cancel orders that have already been processed. However, it is important to note that FabkaFabrics has the right to decide whether or not to process an order. As a result, the User hereby agrees and undertakes to agree and not dispute the FabkaFabrics cancellation decision.
If FabkaFabrics deems an order to be a ‘Bulk Order’ as defined by FabkaFabrics, the order may be canceled. Based on this cancellation policy, FabkaFabrics points or promo codes used for the ‘Bulk Order’ will not be refunded. The following criteria can be used to classify an order as a “bulk order”, although these may not be exhaustive:
We order products for commercial resale, not for personal consumption;
The same product has been ordered multiple times at the same address;
Order for bulk quantities of the same item;
The order details contain an invalid address;
The order was placed using malpractice.
The user may not be notified before any changes or changes are made to this document. At FabkaFabrics’s discretion, this may be done.
FabkaFabrics’s limit of liability is to provide the User with the same product or an alternative of comparable value if a fault occurs.
In case of dispute, New Delhi (India) courts alone shall have jurisdiction.

Restriction on use:

The following activities are not permitted on the Website:

The dissemination of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or obscene information or material.
Transmitting materials that encourage conduct that constitutes a criminal offense, results in civil liability, or otherwise violates any relevant laws, regulations, or codes of practice.
Unauthorized access to computer/network systems.
A person may not interfere with another user’s use or enjoyment of the Website.
Any applicable law is violated.
Interfering with or disrupting the Website or the networks connected to it.
A copy of a protected work made, transmitted, or stored electronically without the permission of the owner.
Information that belongs to another person and to which you do not possess any rights cannot be hosted, displayed, uploaded, modified, published, transmitted, updated, or shared on the Website.
Harmful, defamatory, offensive, racist, abusive, obscene, pornographic, paedophilic, libelous, or threatening, or disrespectful; gambling; money laundering; otherwise unlawful in whatever manner; harm minors in any way
Additionally, you are not allowed to: disrupt or interfere with the integrity or security of the Website or its content;
Providing information on or through the Website (including job postings, messages, and hyperlinks) that would be disruptive or competitive to our services;
Making intentional mistakes on the Website; Providing inaccurate, incomplete, or incorrect information;
The sending of unsolicited emails to other members of the Website;
Navigating or searching the Website using any engine, software, tool, agent, or other device or mechanism (like spiders, robots, avatars, or intelligent agents);
Any attempt to reverse engineer, decipher, decompile, disassemble, or decompile the Website;
You may not copy or duplicate in any way any of the content or other information available on the Website;
Any material on this website should not be framed, or deep-linked.

Limitations on quantity:

The number of items that can be purchased per person, per household, or order may be limited at our sole discretion. If an order is placed using the same account, credit/debit card, and billing and/or shipping address, these restrictions may apply. The customer will be notified if such restrictions apply. Furthermore, we reserve the right to restrict sales to any individual we deem appropriate at our sole discretion.

Details on pricing:

The price and product information we provide is as accurate as possible, but errors may occur. A price can only be confirmed once the order has been placed. The Seller shall have the right, at its sole discretion, to refuse or cancel any orders placed for a product due to an error in pricing or product information, unless the order has been dispatched. When an item’s price is mispriced, we may contact you with instructions or cancel your order and notify you of such cancellation, at our discretion.

The offer will not be deemed accepted until the product ordered by you has been dispatched, and we reserve the right to modify the price of the product and contact you using the e-mail address or telephone number provided by you during the registration process, or to cancel the order and notify you. We shall debit your credit or debit card account when we accept your order and we shall notify you by email or by telephone that the payment has been processed as soon as possible. We may process your payment before dispatching the ordered product. Upon cancellation of the order, after payment has been made, the amount will be refunded. Credit/debit cards will be reversed back to your account. Prices and availability are subject to change without notice, but we do our best to provide you with the best value.

Our promotional offers/discounts are not available across the entire site but are available in select categories only. It may not be possible for coupon codes to be applied to categories such as diapers, baby food, etc., or other products and services as we in our sole discretion determine.

Confidentiality:

We disclaim any implied warranties or conditions, whether expressed or implied (including, but not limited to, information and context). The information on this website is provided for informational purposes only. We will not be liable for any losses or damages incurred as a result of using it. In any contractual relationship between us and you, the courts of New Delhi will determine any obligation between us and you. Costs of arbitration will be split equally between us and you.

The company, its employees, directors, officers, agents, and their successors and assigns, including attorneys’ fees, is liable for all liabilities, damages, losses, costs, and expenses arising from your actions or inactions. FabkaFabrics or any third party may hold you responsible for any loss or liability, including for failure to pay taxes, infringement of intellectual property rights, libel, defamation, slander, privacy infringements, or defamation of others. In the event of termination or expiration of this User Agreement, this clause will survive.

Suitable for use:

Users of the Website who are legally capable of entering into contracts are permitted to do so. We can revoke your membership and prevent you from accessing the Website at our discretion. Members whose memberships have been suspended or terminated by us for any reason are not allowed access to the Website. If you represent an organization, you must have the jurisdiction to bind this organization. Business agreement if you are registering as a company. No product or service described on this website is appropriate for use outside of India. If you access this site from outside India, you are responsible for complying with the local laws if and to the extent that they apply to you. We will not be responsible for any claims related to products ordered from outside India and delivered within India.

Upon receiving an order from such states or for deliveries to such states, we have the right to accept or reject it under such circumstances. You are responsible for complying with the laws of your state if and to the extent you access this Website from an Indian state that restricts its use. We do not provide warranty coverage on products delivered in restricted states. Unless a state has an open import policy, we will not deliver products there. Except for any terms specifically related to a product, this agreement supersedes any prior representation, agreement, or understanding, and shall apply notwithstanding any variance with any other terms of any order.

Copyright & Trademark:

In all text, programs, products, processes, technology, content, and other materials on this Website, we and our suppliers and licensors expressly reserve all intellectual property rights. This Website does not grant and shall not be deemed to grant to anyone any license under any of the intellectual property rights of us or a third party.

We own or have been granted licenses for all rights to this Website, including copyright. You are not permitted to copy or store this Website or its contents other than for your own personal, noncommercial use without our prior permission. Any modifications, distributions, or re-postings of any kind on this Website are prohibited. These names and logos are trademarks or service marks of FabkaFabrics or licensed to FabkaFabrics in connection with all related product and service names, design marks, and slogans.

You may not use or exploit any other trademarks belonging to their respective companies in any way. Concerning the materials contained on this Website, you are not granted a trademark or service mark license. Any person gaining access to this website does not grant them any right to use the names, logos, or marks that appear on the site in any manner. Links to third-party websites or information or citations of third-party names, trademarks, products, or services are provided solely for the convenience of our visitors and do not in any way imply endorsement, sponsorship, approval, or recommendation of the third party, information, product, or service.

In addition, we do not make any representations as to the accuracy of the content on websites that are third parties. You link to these third-party websites at your own risk if you choose to do so. This Website (collectively, the “Contents”) may be used for personal, non-commercial purposes only. This includes images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, written materials, and other materials. The Contents displayed on the Website may only be downloaded or copied for your personal use.

The downloading or copying of any materials or software will not transfer any ownership rights, title, or interests to you. The Content, the Website, or any related software may not be reproduced (other than as noted above), published, transmitted, distributed, displayed, modified, created into derivative works, sold or exploited in any way, in whole or in part, in any way. In addition to Indian and international copyright laws, FabkaFabrics and its suppliers and licensors own all software used on this Website. It is prohibited to use the Content and software on this Website for anything other than shopping purposes. This Website’s Content may not be used for any other purpose, including copying, modifying, distributing, transmitting, republicating, displaying, or performing it. All Content is copyrighted, trademarked, trade-dressed, and/or other intellectual property owned, controlled, or licensed by us, our affiliates, or third parties who have licensed their materials to us and protected by Indian and international copyright laws. Compilations are essentially collections, arrangements, and FabkaFabrics owns all recordings and is also protected by Indian and international copyright. We don’t offer any Counterfeit goods containing a trademark or logo that is substantially identical to or similar to that of another company.

Material for objection:

When using this Website or its services, you understand that you may encounter Content that can be considered offensive, indecent, or objectionable by some, which Content may or may not be identified as such. As a user of the Website and any services, you agree that you do so at your own risk. To the fullest extent permitted by law, we and our affiliates are not responsible for what you view as offensive, indecent, or objectionable content.

Termination:

You or we may terminate this User Agreement at any time. If you no longer wish to be associated with this Website, you may terminate this User Agreement at any time by sending us a written notice through the Indian postal system by registered mail, provided that you discontinue use of this Website.

At any time, we may terminate this User Agreement without notice and any prior notice whatsoever, and accordingly, deny you access to this Website. FabkaFabrics is not liable if this User Agreement is terminated. The User Agreement will cease to apply as soon as either you or we terminate it, so you must promptly destroy all materials downloaded or obtained from this Website, including all copies of such materials, made under or otherwise. If we terminate this User Agreement, we shall retain our right to any Comments. You remain liable for the product you have already ordered from the Website even after such termination of the User Agreement.

Disclaimer and Limitation of Liability:

There are no warranties or guarantees of any kind provided with this Website, and it is provided on an “as is” basis. Use of the Website incurs risk on your part. Despite our efforts to ensure the content of the Website comes from other Internet websites and resources, we cannot be held liable if the material is not accurate, reputable, or of high quality. If you encounter technical problems using this Website, we will not be responsible for any errors or omissions you may encounter on this Website or the results you may obtain from using such information. There is no application of this disclaimer to any product warranty provided by the manufacturer of the product as specified in its specification.

It is essential to this User Agreement that this disclaimer be included. We or our suppliers are not responsible for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, or data as a result of this Website or its services or this User Agreement. The total liability of the Company to you arising from this User Agreement (whether in tort or contract) is limited to the charge against the value of the products ordered by you, irrespective of what section of the User Agreement refers to.

There is no representation or warranty made by FabkaFabrics, its associates, and technology partners that any content, information, software, text, graphics, links, or communications provided on the Website will be accurate, complete, or timely. The Site is not responsible for any monetary or other damages incurred by you as a result of the delay, failure, interruption, or corruption of data or other information transmitted through the Site; or any interruption or errors in the functioning of the Site.

These images are provided for informational purposes only. The images in the said article have been sourced from various open sources available on the world wide web (W.W.W. ). We strive to keep the information up to date and correct, but make no representation or warranty of any kind, express or implied, regarding the images, products, services, or related graphics contained on the website or their suitability, accuracy, reliability, or availability. Using such information at your own risk is therefore strictly prohibited.

Neither we nor any of our associates are responsible for any loss or damage resulting from the use of imagery available on this site, including but not limited to indirect or consequential losses or damages, or resulting from data loss or loss of profits.

Powergenc’s Connect has no control over the images on open-source websites accessible through this website. These open-source sites are not under our control in terms of content, accessibility, or nature. This page expresses views that may not necessarily align with the images/ graphics on this page.

An efficient and smooth website is maintained at all times. If FabkaFabrics Connect’s website becomes temporarily unavailable for any reason, FabkaFabrics Connect assumes no responsibility or liability.

Keeping your website secure:

You are prohibited from accessing data that is not meant for you, logging onto an account that you are not authorized to access, without limitation, to prevent violating the security of the Website.

- In the act of exploiting a vulnerability in a system or network, or in breaching security or authentication measures without appropriate authorization.
- By overloading, ‘flooding,’ ‘spamming, ‘mail bombing,’ or ‘crashing’ the Website, you are intentionally interfering with service to another user, host, or network;

Unsolicited emails, especially those that promote products and services; or Falsifying any part of the header information in any email or newsgroup posting that contains TCP/IP packet headers. There are civil and criminal penalties for violations of network or system security. We will investigate any incidents that Such violations that could be a threat to law enforcement authorities, and they may cooperate with them in prosecuting violators. It is your agreement not to access, use, or attempt to access this Website in any way that interferes or attempts to interfere with its proper functioning or any activity being conducted on it.

“The company maintains appropriate technical and security measures to safeguard your information against unauthorized or unlawful access as well as accidental loss, destruction, or damage. Your details will be collected on a secure server through firewalls when you use the Site. The Company does not store, access, or maintain any credit card information or debit card information. FabkaFabrics directs its customers to third-party gateways that offer 128-bit encryption and provides Secure Server Software (SSL) for the encryption. FabkaFabrics plays no role in these transactions other than directing customers to the gateway or website(s).

The company, therefore, disclaims any liability for any loss or damage resulting from the disclosure of Personal Information through the use of the third-party gateway and or website. FabkaFabrics is not responsible for any loss or damage resulting from an inadvertent divulgence of any Personal Information concerning a User’s account and/or online transactions using credit cards, debit cards, cash cards, and their verification process and particulars and error in these transactions.

Any omissions or inaccuracies about the information disclosed and used. As part of the collection, storage, and disclosure of your information, we maintain physical, electronic, and procedural safeguards. Whenever you request access to your Personal Information or make changes to it, we will verify your identity. To access your Account, you will need your ID and Password if you have registered an account on the Website. Your password and computer must be protected from unauthorized access.”

Agreement in its entirety:

This User Agreement may not be enforced to the full extent required by applicable law if any part is void or unenforceable based on the above limitations of liability, If any provision of this User Agreement is invalid or unenforceable, it will be deemed superseded by that portion of the agreement which is valid and that matches the intent of the original provision. Unless otherwise specified, this User Agreement supersedes any previous or contemporaneous communications and proposals between us regarding the Websites/services, whether electronic, oral or written. If we fail to take action following a breach by you or someone else, we do not waive our right to take action following subsequent or similar breaches.