TERMS & CONDITIONS
We know that reading a lengthy piece of material is a tough and painful task as well as it applies to us also to write such, but believe us it is better to take a bit pain than to regret later. It is for the betterment for you as well as us (FABCURATE).
These are the terms and conditions governing the use of this website and the agreement that operates between us and you (hereinafter, "the Terms"). These Terms set out the rights and obligations of all users (hereinafter, "You" / "your") and those of FABCURATE (hereinafter, "us" / "our" / "we" / "the Vendor") in relation to the goods/services offered by us through this website (hereinafter, collectively known as the "FABCURATE services"). Before you click on the "Authorize Payment" button at the end of the ordering process, please carefully read these Terms and our Privacy Statement. By using this website or placing an order through it, You are consenting to be bound by these Terms and our Privacy Statement. If You do not agree to all of the Terms and the Privacy Statement, we can’t do anything in that but it will be of great help for you in future. These Terms may be subject to amendment, so you should carefully read them prior to placing any order.
- For any unlawful purpose.
- To solicit others to perform a participate in any unlawful acts.
- To violate any federal, provincial or state regulations, rules, laws, or local ordinances.
- To infringe upon a violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability.
- To submit false or misleading information.
- To upload or transmit viruses or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of the service or of any related website, other website or the internet.
- To collect or track the personal information of others.
- To spam, phish, pretext, spider, crawl or scrape.
- To interfere with or dodge the security features of the service or any related website, other websites or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
- You may only use the website to make constitutional inquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary.
- If you do not give us all of the information that we need, we may not be able to complete your order.
- The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us.
- You hereby consent to receive communications from us. If you subscribe to the newsletter on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news, updates emails and/or on our website.
- We will communicate with you regarding the offers, discounts, new additions to our collection, promotions, feedback, etc.
When you upload photographs, designs, drawings, text or other content to FABCURATE, you keep your copyright and any other intellectual property rights you may have in the content. You also control the account settings that determine whether or not your content can be shared or sold through the site. In order to maintain and provide the site, FABCURATE is required to be able to copy, crop, modify, reproduce, display and distribute your content worldwide. FABCURATE will only perform these actions to the extent necessary to provide the site. By submitting content to, or utilizing, the site, you grant FABCURATE a royalty-free, non-exclusive, worldwide, transferable license to modify, copy, sell, display, distribute and create derivative works of the content and the goods created from or based on such content so long as such process is an essential step of the site. By default, all content uploaded to the site is not available to the public.
By uploading content to FABCURATE you represent and warrant that you have the lawful right to reproduce and distribute such content, the content does not violate any copyright, trademark, trade secret or other intellectual property right of any third party, the content complies with all applicable federal, state, and local laws, regulations and ordinances, the content does not invade any individual’s right of privacy or celebrity, the content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortuous, hateful, or racially, ethnically or otherwise objectionable
To place an order, you will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (“Confirmation”). Please note that this we will confirm the shipment by sending you an email that confirms the product has been dispatched (“Shipped”). The contract for the purchase of a product between us will only be formed when we send you the Shipment Confirmation.
FABCURATE holds the authority of checking the authenticity of order by call or email. On any dissatisfaction/authenticity/no response from customer of the order been placed, we hold the right to cancel the order.
The contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
- The subtle variations in color, texture and finish are intrinsic to the fabrics and materials.
- An irregular weave or print or design is not a defect, by definition means uncertainty when it comes to uniformity.
- We have done our best to display as accurately as possible the colors of the products shown on this web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor display of any color will be accurate.
- Dark colors tend to run. Please always wash like colors together and dry inside out in the shade. It is highly recommended to dry clean every product for the first wash. Silks must only be dry cleaned.
- For more details regarding fabric please go through the fabric care details provided in the fabric description for each of them.
- Orders more than 15 meters of single design on same fabric can come in 15 meters cut i.e. if the order is placed for 40 meters than the customer may receive the fabric in 15 meters + 15 meters + 5 meters cut.
- The fabric has the best color fastness property whereas it has the poor rubbing fastness property.
- Content published on this website (digital downloads, images, texts, graphics, logos, data compilations, audio clips and software) is the property of FABCURATE or its content suppliers, creators are protected by copyright laws.
- The entire compilation of the content found on this website is the exclusive property of FABCURATE. All software used on this site is the property of FABCURATE or its software suppliers.
- FABCURATE always tries and attempts to be as accurate and as correct as possible.
- However, due to human error it may happen that the product descriptions or other content of this site, may not be accurate, complete, reliable, correct, or error free.
- If a product offered by FABCURATE itself is not as described, your sole remedy is to return it in unused condition with the original tags.
- The feel and fall of the fabric will change as it is passed through the printing process.
- The quality of the fabric may differ due to the availability of the raw material.
- The back side of the colored (plain) or printed fabrics will be of white color.
- Please refer to the details as per the return policy.
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either expressed or implied including, but not limited to, the implied warranties of merchant ability and fitness for a particular purpose, title, non-infringement, security or accuracy. FABCURATE.COM does not endorse and is not responsible for :-
- The accuracy or reliability of any opinion, advice or statement made through the site by any party other than FABCURATE.COM.
- Any content provided on linked sites.
- The capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection law, under no circumstance will FABCURATE.COM be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
- We do not warrant that this website will operate uninterrupted or error-free, that defects will be corrected or that this site or its server will be free of viruses or other harmful elements. As a user of this website, your access is undertaken at your own risk.
- We shall not be liable for damages of any kind related to your use of or inability to use this website. If your use of this website or the site's material results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, we shall not be responsible for those costs or expenses.
- This website and its content are provided on an as is basis with all faults and without any warranties of any kind.
- We to the fullest extent permitted by law, disclaims all warranties, including the warranties of merchant ability, non-infringement of third party rights.
- Although we strive to provide thorough and accurate content on this site, we make no warranties about the accuracy, reliability, completeness or timeliness of the content services, software, graphics and links.
- We shall not be liable for any damages of any kind related to your use of this site.
- Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold FABCURATE, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to your use of the site, your breach or alleged breach of these Terms and Conditions, your unauthorized use of the content or your violation of any rights of any other person.
- You irrevocably and unconditionally consent to the exclusive jurisdiction of Surat, Gujarat, India for any prosecution or dispute arising out of or relating to your access to this website and the agreement created thereby.
- These Terms & Conditions and the relationship between you and FABCURATE shall be governed in accordance with the laws of India without reference to conflict of laws principles.
- All claims, differences and disputes arising under or in connection with or in relation to the Terms & Conditions or any transactions entered into on or through the website or the relationship between you and FABCURATE shall be subject to the exclusive jurisdiction of the courts at Surat, Gujarat, India and you hereby relent to and accept the jurisdiction of such courts.
- These terms and conditions constitute the entire agreement between you and FABCURATE with regard to your use of this website. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
- We may assign its rights and duties under this agreement to any party at any time without notice to you.
- FABCURATE.COM shall introduce various offers, promotions, contests from time to time. The terms and conditions for these shall be separately called out and FABCURATE.COM reserves the right to change/ modify/ add/ delete any of the terms and conditions on such contests or promotions at its discretion at any time without prior intimation (including but not limited to refer-a-friend and other types of vouchers).
- No promotional code and/or coupon can be used against any products from the sale section, against any and all consignment products.
- FABCURATE.COM shall introduce various offers, schemes or contest at different times. The terms and conditions for such contest shall be separately available on the website. In the event of any conflict between these T&C and the terms and conditions pertaining to any contest, such terms and conditions shall prevail.
- While participating in the FABCURATE.COM’s contest you hereby agree to release and hold FABCURATE.COM (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said contest.
- Winners to contests will be decided by the team at FABCURATE.COM and FABCURATE.COM is not obliged or required to disclose the mechanism of the same.
- FABCURATE.COM reserves the right to vary any of the terms and conditions of the contest and the decision of FABCURATE.COM shall be valid and binding on the contestants.
- All personal information collected, in the course of this contest shall be kept confidential. FABCURATE.COM shall use such information for communicating various marketing and promotional activities, subject to the contestant’s choice to receive such communications, while entering the contest.
- The participant's profile must be public. Entries from private profiles can't be viewed and therefore will be considered invalid.
- Entries being featured on FABCURATE.COM's Instagram handle and Facebook page or any other social media platform are entirely up to the discretion of FABCURATE.COM.
- If any entry is found to have abusive and disrespectful language, or an attempt to attack the integrity, personality of any individual or an entity or where there is any attempt to harass any individual or entity or doing/having anything which in our view is demeaning or offensive, such entry shall stand disqualified and or deleted from the contest and content.
- All other terms and conditions on the website www.fabcurate.com, not in conflict with these terms and conditions shall prevail.
- All dispute based on this contest is subject to arbitration and jurisdiction of all such dispute shall be within the Courts of Surat, Gujarat, India.
- This contest is void where prohibited by law.
- FABCURATE reserves the right to withdraw any offers, promotions or contests anytime without prior notice to the consumers.
- If any dispute arises between you and FABCURATE regarding your use of the website or your dealing with us in relation to any activity on the website, in connection with the validity, interpretation, implementation or breach this agreement shall be construed and the legal relations between you and us hereto shall be determined and governed according to the laws of Surat, Gujarat, India.
- Your obligations to pay the payment fees shall not be suspended during the pending of such proceedings.
FABCURATE shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of FABCURATE, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and internet disturbances.This Agreement will be governed by the laws of the state of Gujarat, India. FABCURATE may elect to resolve any controversy or claim arising out of or relating to these Terms or the site by binding arbitration in accordance with the commercial arbitration rules and you hereby agree to consent to such arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Surat, Gujarat, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Surat, Gujarat, India necessary to protect the rights or the property of you or FABCURATE (or its Representatives), pending the completion of arbitration.
From time to time FABCURATE.COM may offer special promotional offers which may or may not apply to your FABCURATE.COM account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by FABCURATE.COM. The terms and conditions and the relationship between you and FABCURATE.COM will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Surat, Gujarat, India. The failure of FABCURATE.COM to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. FABCURATE.COM does not guarantee it will take action against all breaches of the terms and conditions. Except as otherwise expressly provided in the terms and conditions, there shall be no third-party beneficiaries to it. Terms and conditions constitutes the entire agreement between you and FABCURATE.COM and governs your use of the site, replace any prior agreements between you and FABCURATE.COM with respect to the site.