Fabulous Club Private Limited includes sites www.ourfabulousworld.com. These Conditions apply to all services/products ordered from or provided to you by Fabulous Club Private Limited and by requesting services from Fabulous Club Private Limited you agree that these conditions shall apply to those services and your order.
1. DEFINITIONS AND INTERPRETATION
1.1. IN THESE CONDITIONS, THE FOLLOWING DEFINITIONS APPLY:
1.1.1. Benefits: means the benefits made available to Members by Merchants.
1.1.2. Conditions: These terms and conditions as amended from time to time in accordance with clause 10.4.
1.1.3. Joining Fee: means the Fee payable by the Member to Fabulous Club Private Limited upon acceptance of a Membership application, in accordance with clause 3.1.
1.1.4. Member: a person registered as a member of the Membership Club.
1.1.5. Membership: means membership of the Membership Club.
1.1.6. Membership Card: means the card that may be issued to Members by Fabulous Club Private Limited upon acceptance of a Membership application in accordance with clause 2.
1.1.7. Membership Club: means Fabulous Club Private Limited.
1.1.8. Membership Fees: means the fees payable in respect of Membership notified to Members upon application for and prior to renewal of Membership.
1.1.9. Payment Card: has the meaning given in Clause 3.4.
1.1.10. Website: means the website located at www.ourfabulousworld.com.
1.1.11. Request: means a request for Services and/products placed by a Member with Fabulous Club Private Limited.
1.1.12. Services: means the services described on the Website from time to time requested by Members from Fabulous Club Private Limited.
1.1.13. Merchant means a merchant engaged by Fabulous Club Private Limited on behalf of and as agent for a Member to provide goods and/or services to that Member.
1.2. IN THESE CONDITIONS, THE FOLLOWING RULES APPLY:
1.2.1. a person includes a natural person, corporate or unincorporated body (whether or not
having separate legal personality);
1.2.2. a reference to a party includes its personal representatives, successors or permitted assigns;
1.2.3. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.2.4. any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
1.2.5. a reference to writing or written includes e-mails.
2. MEMBERSHIP APPLICATIONS AND YOUR MEMBERSHIP CARD
2.1. All Membership applications are subject to acceptance by Fabulous Club Private Limited at
its sole discretion. Fabulous Club Private Limited shall notify applicants in the event that his
or her Membership application has been accepted. Fabulous Club Private Limited is under no duty
to disclose its reasons for rejecting any Membership application.
2.2. You are obliged to provide correct personal details when you apply for Membership. Failure to do so may invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify Fabulous Club Private Limited promptly in the event that any information provided by you in connection with your Membership changes.
2.3. Fabulous Club Private Limited may issue you with a Membership Card together with associated Membership documentation as soon as possible following receipt of your Joining Fee and Membership Fee.
2.4. Your Membership is personal to you. You are responsible for ensuring that no one (other than your delegate on your behalf, where applicable) uses your Membership.
2.5. Access to and use of your personalized Membership section of the Website is through a combination of user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify Fabulous Club Private Limited immediately if you believe that there has been any breach of security, including the unauthorized use of your name and password.
3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS
3.1. For the first year of your Membership, Membership Fees and the Joining Fees payable shall
be confirmed to you prior to acceptance of your Membership application. The Joining Fee shall be
payable in full upon acceptance of your Membership application. Any increase or decrease to the
Membership Fees for subsequent years of Membership will be notified to all Members in advance or
their Renewal Dates.
3.2. Subject to Clause 3.3, Membership Fees are non-refundable. The Joining Fees are non-refundable in all circumstances.
3.3. Fabulous Club Private Limited reserves the absolute right to cancel or suspend your Membership (at its sole discretion) for any reason whatsoever. If Fabulous Club Private Limited cancels your Membership, Fabulous Club Private Limited may (at its sole discretion) refund the balance of the current annual Membership Fee on a pro rata basis in respect of the unexpired period to which the annual Membership Fee relates.
3.4. Membership Fees are due on acceptance of your Membership application and annually thereafter (the “Renewal Date”), and full payment will be due to Our Fabulous Club Private Limited annually in advance. This should be paid in accordance with the relevant invoice to keep the membership active.
3.5. If you do not wish to renew your Membership you must notify us in writing at least 30 days prior to your next Renewal Date.
3.6. If a Membership is allowed to lapse for over 30 days, Fabulous Club Private Limited reserves the right to recharge the Joining Fee as well as the then current Membership Fee in order to renew the Membership.
3.7. Fabulous Club Private Limited reserve the right to refuse to provide the Services should any payment due under these conditions not be received.
3.8. If, during the course of your current Membership, you wish to upgrade your Membership to a higher level of Membership or Fabulous Club Private Limited reasonably requests you to upgrade your Membership based on your usage of the Services, the difference in price between the two categories of Membership will be payable on a pro rata basis.
4. SUPPLY OF SERVICES
4.1. Fabulous Club Private Limited shall supply the Services to the Member in accordance with
the relevant Request provided that Fabulous Club Private Limited shall not be required to
provide or facilitate the supply of goods and/or services that it deems at its sole discretion
may violate applicable laws, standards and/or regulations or may offend taste and decency in the
4.2. Fabulous Club Private Limited shall use its reasonable endeavors to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
4.3. Fabulous Club Private Limited shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Fabulous Club Private Limited shall notify the Member in any such event.
4.4. Member queries and/or Requests may be routed to Fabulous Club Private Limited contact (site ‘Contact us’) for assistance.
4.5. You acknowledge that Fabulous Club Private Limited reserves the right to accept commissions upon the supply of products or performance of services by any Merchant.
4.6. Telephone calls to Fabulous Club Private Limited may be monitored or recorded for training and quality control purposes.
4.7. Fabulous Club Private Limited shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Request and reasonable instructions from time to time.
5. PLACING A REQUEST
5.1. Members may place Requests by telephone (which does not include text messages), e-mail or
through the Members’ section of the Website.
5.2. Fabulous Club Private Limited, acting reasonably reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
5.3. If Fabulous Club Private Limited is unable or not obliged to deal with any Request, it will inform the Member as soon as reasonably practicable.
5.4. You undertake that all details you provide to us for the purpose of ordering or purchasing products or services are correct, that the debit, credit and/or Payment Card you use from time to time is your own and that you have sufficient funds to cover the cost of the product or service.
5.5. From time to time the procurement or provision of certain services, products or benefits may incur a Fabulous Club Private Limited handling charge (of which you will be notified in advance, and which may vary between Fabulous Club Private Limited offices) and in such event you hereby authorize Fabulous Club Private Limited to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect thereof.
5.6. No international orders are processed (International orders meaning any order placed from a location outside of the 29 Indian states and 7 union territories)
6. REFUNDS AND RETURNS
6.1. If a Request for a specific product or service is not available, Fabulous Club Private
Limited may offer you substitute products or services of a similar description and standard. You
may at your sole discretion refuse acceptance of such substitute products and/or services and
receive a full refund in the event that payment has already been taken by Fabulous Club Private
Limited for the unavailable product or service.
6.2. All descriptions of any products, services or Benefits on the Website have been approved by the relevant Merchant. Fabulous Club Private Limited shall not be liable for inaccurate or misleading descriptions except where Fabulous Club Private Limited is itself the Merchant/Supplier of the relevant product or service.
6.3. Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Merchant/Supplier.
6.4. Members acknowledge that the following goods/services purchased may not be refunded or exchanged : a) Perishable goods example food products and flowers b) Beauty products, perfumes, toiletries and similar products
6.5. The Member further acknowledges that for goods purchased on his or her behalf by Fabulous Club Private Limited directly from a Merchant/Supplier, returns and exchanges will be subject to the terms and conditions of that Merchant/Supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where Fabulous Club Private Limited is asked to source a specific item for a Member, Fabulous Club Private Limited shall inform the Member of the refund and exchange policy of that Merchant/Supplier in advance. Fabulous Club Private Limited shall not be liable to the Member where a Merchant/Supplier does not accept the return or exchange of an item.
6.6. All goods must be returned in their original condition and packaging with the initial invoice, to the address of the relevant merchants office where the Member placed the Request. Any goods returned other than in their original condition and packaging will not be accepted and a refund or exchange will not be issued by the merchants.
6.7. It shall be the Member’s sole responsibility to retain all proof of return, for example by returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
6.8. Refunds for the total value of an order shall be processed within fifteen (15) days of Fabulous Club Private Limited’s merchant receiving the goods and shall be issued to the same card that the Member used to purchase the goods.
6.9. In the event of an exchange of goods, Fabulous Club Private Limited shall not charge any additional delivery fees where the goods are of a similar size and weight.
7. MERCHANTS / SUPPLIERS
7.1. Merchants/Suppliers are responsible for providing you with the services, products and
Benefits you Request us to order on your behalf from time to time. Fabulous Club Private Limited
shall communicate with Merchants/Suppliers on your behalf unless it is more appropriate for you
to contact the Merchant/Supplier directly.
7.2. Merchants/Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Merchant/Supplier to you, and such terms and conditions shall be binding upon you at the time of order.
7.3. When ordering a product or service or accessing a Benefit, you may be required to provide your Payment Card details. If you request and authorize Fabulous Club Private Limited to use your Payment Card in order to pay a Merchant/Supplier for products or services, you acknowledge and agree that Fabulous Club Private Limited shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Fabulous Club Private Limited acts in accordance with the instructions issued by you in relation thereof.
7.4. Unless otherwise agreed by the Merchant/Supplier, you shall not be entitled to cancel any services requested where, on your instructions, supply of the order has already begun.
7.5. You acknowledge that the Benefits are subject to availability and may change from time to time without notice.
7.6. If the performance of Fabulous Club Private Limited obligations under these Conditions is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (“Member Default”):
7.6.1. Fabulous Club Private Limited shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Member remedies the Member Default, and to rely on the Member Default to relieve it from the performance of any of its obligations to the extent the Member Default prevents or delays Fabulous Club Private Limited‘s performance of any of its obligations;
7.6.2. Fabulous Club Private Limited shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from Fabulous Club Private Limited’s failure or delay to perform any of its obligations as set out in this clause 7.6;
7.6.3. the Member shall reimburse Fabulous Club Private Limited on written demand for any costs or losses sustained or incurred by Fabulous Club Private Limited arising directly or indirectly from the Member Default.
8. LIMITATION OF LIABILITY
8.1. Nothing in these Conditions shall limit or exclude Fabulous Club Private Limited’s
8.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
8.1.2. fraud or fraudulent misrepresentation; or
8.1.3. Breach of the terms implied by the Consumer Protection Act, 1986.
8.2. Subject to clause 8.1:
8.2.1. Fabulous Club Private Limited shall not be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership; and
8.2.2. Fabulous Club Private Limited’s total liability to the Member in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Member’s annual Membership Fee.
8.3. Your contract for the supply of products or services is made with the relevant Supplier only. Fabulous Club Private Limited acts as an agent for the Merchant/Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Merchant/Supplier.
8.4. You acknowledge that any contract entered into by you with any Merchant/Supplier is an independent contract. Fabulous Club Private Limited hereby disclaims any and all liability for any act or omission of any Merchant/Supplier or any loss incurred by you as a result of any act or omission of a Merchant/Supplier whether or not arranged through the Fabulous Club Private Limited.
8.5. Fabulous Club Private Limited shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Member Default.
8.6. Fabulous Club Private Limited shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of Fabulous Club Private Limited’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Fabulous Club Private Limited’s reasonable control.
8.7. Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
8.8. This clause 8 shall survive termination of these Conditions.
9. COMMENCEMENT AND TERMINATION
9.1. These Conditions shall take effect and be binding upon the Member and Fabulous Club Private Limited upon acceptance by Fabulous Club Private Limited of your Membership application. These Conditions shall be applicable for the duration of your Membership and shall only cease to have effect upon the expiry or termination of your Membership. You agree that your only rights and remedies under these Conditions shall be against Fabulous Club Private Limited and no other entity.
10.1. Privacy and Data Protection: The Services and your Membership are subject to the Our
and set out at the following web address: http://www.ourfabulousworld.com which applies at all
times in relation to any data that we collect from you.
10.2. Assignment and subcontracting:
10.2.1. Fabulous Club Private Limited may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
10.2.2. The Member shall not, without the prior written consent of Fabulous Club Private Limited, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.
10.3.1. A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.3.2. Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.
10.4.1. If a court or any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
10.4.2. If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.5. Variation: Fabulous Club Private Limited may vary these Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: Fabulous Club Private Limited Newsletter, the Website, by Email or by phone. Your continued use of your Membership constitutes acceptance of such variations to these Conditions.
10.6. No partnership: Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
10.7. Third parties: A person who is not a party to these Conditions shall not have any rights under or in connection with it.
10.8. Governing law and jurisdiction: These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Indian law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of India.