TERMS & CONDITIONS
TERMS OF SERVICE FOR FABONES
In consideration for permitting you access to our Website and where applicable, the delivery of products or services, you agree as follows:
These terms of service (the “Terms”) govern your access to and use of FABONE’S.COM (“we”, “us” or “our”) websites and e-commerce services. Please carefully read these Terms before using the website and related e-commerce services.
FABONES IS LICENSED TO USE THE TRADEMARK IN CONNECTION WITH MARKETING AND SELLING PRODUCTS ONLINE IN BANGLADESH.
THERE ARE TERMS THAT LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU. BY USING OUR WEBSITE AND SERVICE YOU, THE USER OR CUSTOMER (HEREIN “YOU” OR “YOUR”) REPRESENT AND WARRANT THAT:
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE WEBSITE AND SERVICE AND CONTACT US IMMIDIATELY.
IF YOU ARE USING THE WEBSITE AND SERVICE ON BEHALF OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, “YOU” AND “YOUR” WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY. FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN EXPRESS AGREEMENT BETWEEN YOU AND US.
IN ADDITION, WHEN USING THE WEBSITE OR SERVICE, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES, POLICIES, TERMS OR RULES APPLICABLE TO SUCH SERVICES, WHICH MAY BE POSTED AND MODIFIED FROM TIME TO TIME ON THE WEBSITE. ALL SUCH GUIDELINES, POLICIES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. ANY PARTICIPATION IN OR USE OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS ALONG WITH ANY DOCUMENTS INCORPORATED BY REFERENCE.
AS OUR PRODUCTS, WEBSITE AND SERVICE CONTINUE TO EVOLVE, WE MAY AT ANY TIME REVISE THESE TERMS AND POST THE UPDATED TERMS ON THE WEBSITE. AS YOU ARE BOUND BY THESE TERMS, EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE.
TERMINATION OR SUSPENSION
Though we would much rather you stay, you can stop using our Website at any time. We reserve the right to terminate or suspend your account or access to our Website at any time, with or without cause, and with or without notice. The suspension or termination of your access to our Website (whether by us or you) shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
While you may contact us to terminate your account, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms or any policy, we may terminate your account and access to our Website and service at any time without notice. Upon such termination you will remain liable for all amounts due.
If you signup for an account on our Website, purchase products or provide any personal information, you are responsible for safeguarding your account password you use to access the Website and you agree not to disclose your password to any third party. You are responsible for all activity on your account, whether or not you authorize that activity. You must immediately notify us of any unauthorized use of your account.
ACCEPTABLE USE POLICY
You agree to only use our Website and service in accordance with our Acceptable Use Policy, which is available below and on the Website and incorporated by reference herein.
You will always find the relevant terms on the product page (Return Policy tab).
Apparel & Clothing Items: 3-5 Days; Return and refund/replacement. No questions asked.
Our refund policy, as amended from time to time and posted on the Website is hereby incorporated by reference.
Exchange: Fabones does not offer exchange of the products purchased on-line.
Return: Fabones will accept return of unopened and unused items within 7 days since delivery time to your address.
Fabones will not accept return of any used or open products.
All discounted sales are final.
In case of return Fabones:
– will refund full cost of products and applicable taxes to customer.
– will NOT refund cost of shipping handling and packaging the order to customer.
– will NOT refund cost of shipping handling and packaging the order back to the vendor.
PRICES, PAYMENT & AVAILABILITY
BECAUSE WE ARE A SEPARATE LEGAL ENTITY FROM PHYSICAL RETAILERS AND AROUND THE WORLD, PRICES, DISCOUNTS AND SALES ONLINE MAY VARY FROM PRICES, DISCOUNTS OR OFFERS AVAILABLE IN STORES.
Prices for our products are subject to change without notice. We reserve the right, at any time, to modify or discontinue a product, service or order (or any part or content thereof) without notice at any time.
For all prices, products and offers, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While we use reasonable efforts to include accurate and up-to-date information on the Website, we make no warranties or representations as to the Website’s accuracy. We assume no liability or responsibility for any errors or omissions in the content, pricing or product descriptions on the Website.
All products and prices listed on the Website shall be viewed as an invitation to treat only and are not offers. Product orders are subject to availability. Orders placed on the Website are not binding until reviewed and accepted by us. Terms of payment are within our sole discretion and may be posted on the Website in addition to these Terms. We may invoice parts of an order separately. You agree to pay interest on all past-due sums at 8% per month or the highest rate allowed by the applicable laws, which ever is higher. You are responsible for sales and all other taxes associated with the order, whether assessed at the time of the sale or anytime thereafter.
All or part of your order may be declined if products are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is suspected or detected by us or our payment processes. If your order is declined, we will credit your credit card for any amount charged with respect to such order.
In order to purchase products from the Website you must be located in Bangladesh and provide a Bangladeshi shipping address. We reserve the right, but are not obligated, to limit the sales 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 are subject to change at anytime without notice, at our sole discretion.
We reserve the right to select a shipping company for your orders. It is agreed that you take title and ownership of any products ordered from the Website as and when they are provided to the shipper. We are not responsible for any loss or damage caused by the shipping company. It is your responsibility to inspect all orders promptly upon receipt and to immediately inform the shipper and us of any damage. Any excess shipping fees, customs, taxes or duties applied to your order shall be for your account.
In case of return package to Fabones by shipping company due to but not limited to:
– Customer provided incomplete address
– Customer provided wrong address
– Customer did not pick up the package for any reason
Fabones will refund full cost of products and applicable taxes to customer.
Fabones will NOT refund cost of shipping handling and packaging the order.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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 submitted your order).
We undertake no obligation to update, amend or clarify information in the Website 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.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in 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, 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 e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Distributing and reselling our products is strictly prohibited.
You agree to provide current, complete and accurate purchase and account information for all purchases made. 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.
If you post content, comments or other information on our Website, we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments and Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments and Submissions will not contain libelous 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 Website, service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments on our Website or elsewhere online. You are 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.
Whether or not affiliated with sites that may be linked to our Website, we are not responsible for their content (the “Linked Sites“). The Linked Sites are for your convenience only and you access them at your own risk. We, and in some cases other users or customers, may provide links and references to material on other websites not owned or operated by us. Links found on our Website are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
EVERYTHING ON OUR WEBSITE (INCLUDING BUT NOT LIMITED TO INFORMATION, COURSES AND PRODUCTS) AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE PRODUCTS SOLD ON OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE CONTENTS OF THE WEBSITE OR SERVICE ARE ACCURATE, COMPLETE OR RELIABLE. IN PARTICULAR, BE ADVISED THAT THE COLOURS OF OUR PRODUCTS VIEWED ONLINE MAY VARY DEPENDING ON YOUR SCREEN RESOLUTION AND OTHER FACTORS. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR’S DISPLAY OF ANY COLOR WILL BE ACCURATE.
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.
YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED WEBSITE AND SERVICE, WE DO NOT GUARANTEE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
LIMITATION ON LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SUCCESSORS, CONTRACTORS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE) DAMAGES, LOSS OR INJURY, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR SERVICE, DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SUPPLIERS, SUCCESSORS, CONTRACTORS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.
FURTHER, IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES LIABLE FOR ANY DAMAGES, YOU AGREE THAT, IN THE EVENT SUCH A PROVISION IS UNENFORCEABLE, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF OUR PRODUCTS, WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY) TO US DURING THE PRECEEDING SIX MONTH PERIOD BEFORE YOUR CLAIM IS BROUGHT TO OUR ATTENTION.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING CUSTOMER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE AND SERVICE WITHOUT THESE LIMITATIONS ON OUR LIABILITY. THE LIMITATIONS ON DAMAGES AND LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
LAW OF THE CONTRACT, JURISDICTION AND INTERPRETATION
These Terms and your use of the Website shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Bangladesh, as it is applied to agreements entered into and to be performed entirely within such province. Any action you bring to enforce this agreement or, in connection with any matters related to our products, Website or service, shall be brought only in the courts of the Province of Ontario, Bangladesh and you expressly consent to the jurisdiction of said courts.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as drafted, shall substitute.
NO CONSTRUCTION AGAINST DRAFTER
If an ambiguity or question of intent arises with respect to any provision of these Terms or the terms and any document incorporated by reference, the agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions.
NO AGENCY ETC.
No independent contractor, agency, partnership, joint venture, employer-employee, distribution or franchiser-franchisee relationship is intended or created by these Terms. For greater clarity, you are not permitted to resell or use our products for any commercial purposes.
You waive your right to participate in any class action lawsuits (or arbitrations) against us, our contractors, suppliers, employees, shareholders and directors. You further waive any right to a trial by jury, should such a right exist in relation to any legal dispute connected to or in anyway arising out of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of Fabones
In addition to this agreement, there may also be terms that apply by third party payment processors or contractors. You also agree to be bound by any and all terms incorporated by reference whether those terms are posted in separate documents, webpages and the like. YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED AND REVIEWED A COPY OF THESE TERMS AND ALL DOCUMENTS INCORPORATED BY REFERENCE AND THAT YOU FULLY UNDERSTAND THIS AGREEMENT.
Questions about the Terms should be sent to email@example.com
ACCEPTABLE USE POLICY
WE ACCEPT NO RESPONSIBILITY FOR YOUR ACTIONS OR THE ACTIONS OF OTHER USERS OF THE WEBSITE.
You agree to use our Website and Service in accordance with the following acceptable use and code of conduct guidelines. In particular, you agree that you:
o facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
o interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack, or any other means resulting in a crash of a host either deliberately or by negligence;
o infringes on, or contributes to any infringement of, any intellectual property, material protected by copyright, trade mark, patent, trade secret or proprietary right of any party;
We reserve the right in our sole discretion to revise this policy, which shall be posted on the Website.
A violation of the ‘Acceptable Use Policy’ may result in civil or criminal liability in addition to the termination of your access to the Website. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting people who are involved in such violations.
You agree and represent that all registration information provided by you is accurate and up-to-date.
We may collect your personal information, including but not limited to your:
With respect to any personal information supplied to us, we keep personal information only for as long as it is required for the purposes for which it was collected and compliance with laws and regulations. Consequently, there is no single retention period applicable to all instances of personal information collected by us.
The collection of your personal information is used to:
We do not sell your personal information to third parties.
We may share your personal information with our employees, contractors, suppliers and shipping companies who need to use that information in connection with one or more of the purposes for which that personal information was collected.
We may operate the Website and service in conjunction with independent contractors. Our independent contractors may have access to your personal information. We may use a variety of service providers, partners or affiliates in locations both inside and outside of Bangladesh, which may make your personal information the subject of foreign laws and foreign legal proceedings.
We may also access and/or disclose your personal information if required or permitted to do so by law (for example, in order to comply with a legal process including but not limited to one imposed by a warrant, subpoena, court order or like instrument served on us).
We may also disclose your personal information to our successors or prospective successors (if our business, the Website or the Service is acquired by another legal entity), or any assignee of our assets relating to the Website and Service.
WHILE WE TAKE MEASURES TO PROTECT YOUR PERSONAL INFORMATION, YOU AGREE THAT WE, OUR SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS, PAYMENT PROCESSORS AND INDEPENDENT CONTRACTORS SHALL NOT BE LIABLE FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF.
When any personal information is no longer required for the purposes for which it was collected, we destroy the personal information in a manner that takes into account its sensitivity.
Our Website and Service may place a temporary or permanent “cookie” in the browser files of your computer. The cookie itself does not contain any personally identifying information. However, the cookie may enable us to relate your use of our Website to information that you have specifically and knowingly provided. By changing the settings in your web browser you can prevent cookies from being used, but doing so may interrupt the proper use of the Website and service.