Shipping & Delivery

SHIPPING

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.

INTELLECTUAL PROPERTY

All content, comments, feedback, suggestions, ideas, testimonials, and other generally non-personal information submitted by you to us (“Submissions”), in any form, will be deemed non-confidential and our property. By providing one or more Submission(s) to us, you agree to assign to us, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submission(s). Subject to the restrictions on use of personal information in our Privacy Policy, we will be free to use and/or disseminate the Submission(s) and your content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submission(s) and content that you provide, and that you have full responsibility for the Submission(s) and content, including their legality, reliability, appropriateness and originality.

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.

LINKED SITES

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.

NO WARRANTY

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.

INDEMNIFICATION

You agree to hold harmless and indemnify us, our affiliates, suppliers, licensors, employees, directors, agents, successors, contractors, representatives and contractors, and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from (i) your use of the Website and/or service; (ii) your violation of these Terms, Privacy Policy, Acceptable Use Policy or any other policy posted on the Website or incorporated by reference herein; (iii) your violation of any third party rights or damages caused to same.

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.

SEVERABILITY

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.

CLASS ACTIONS

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.

WAIVER

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

ENTIRE AGREEMENT

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.

CONTACT INFORMATION

Questions about the Terms should be sent to info@fabones.com

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