Terms & Conditions

1. ABOUT THESE TERMS

These Terms & Conditions apply to your use of the My Fabulosa website at myfabulosa.co.uk and to purchases made through our website.

Please read these Terms & Conditions carefully before placing an order.

By placing an order with us, you agree to these Terms & Conditions. Nothing in these Terms & Conditions affects your statutory rights as a consumer.


2. ABOUT US

This website is operated by:

My Fabulosa Ltd
Company Number: 11966406

Registered/Business Address:

Unit 8, Airfield Road
Wardle
Nantwich
Cheshire
CW5 6LQ
United Kingdom

Email: info@myfabulosa.co.uk

Throughout these Terms & Conditions, “My Fabulosa”, “we”, “us” and “our” refer to My Fabulosa Ltd.


3. OUR WEBSITE

We take reasonable care to ensure that information provided on our website is accurate.

Product images are provided for illustrative purposes. While we make reasonable efforts to display colours, packaging, dimensions and product appearance accurately, the actual appearance of a product may vary slightly depending on your device, screen settings, manufacturing changes or packaging updates.

All sizes, measurements and product descriptions are provided as accurately as reasonably possible.

We may update, modify or temporarily withdraw parts of the website where reasonably necessary, including for maintenance, security or operational reasons.


4. PRODUCTS

Products sold through our website are intended primarily for normal domestic use unless otherwise stated.

Product descriptions, usage instructions and safety information should be read carefully before use.

You are responsible for using products in accordance with the instructions, warnings and safety information supplied with the product.

Products and packaging may occasionally differ slightly from images displayed on our website due to packaging updates or manufacturing changes. Any such difference will not affect your statutory rights where a product is not as described.


5. AVAILABILITY

All products are subject to availability.

Adding an item to your basket does not reserve that product.

If a product becomes unavailable after you have placed an order, we will contact you and, where appropriate, refund any amount paid for the unavailable product.

We are not required to provide additional compensation simply because an item becomes unavailable, but this does not affect any rights you may have under applicable law.


6. PRICES

Prices displayed on our website are in Pounds Sterling (GBP) and include VAT where applicable.

The total price payable, including any applicable delivery charges, will be displayed before you submit your order.

We may change prices at any time, but changes will not normally affect orders that we have already accepted.

If we discover an obvious pricing error after you place an order, we will contact you as soon as reasonably possible.

Where appropriate, you will be given the option to purchase the product at the correct price or cancel the affected item or order and receive a refund.

We will not charge additional fees that have not been clearly disclosed before you place your order.


7. PLACING AN ORDER

When you place an order through our website, you are making an offer to purchase the products in your basket.

After receiving your order, we may send you an acknowledgement confirming that we have received it.

An acknowledgement of your order does not necessarily mean that we have accepted your order.

A contract between you and My Fabulosa Ltd is formed when we accept your order, normally when your order is confirmed for fulfilment or dispatched.

We reserve the right to refuse or cancel an order where reasonably necessary, including where:

• a product is unavailable;
• payment cannot be authorised;
• there has been an obvious pricing or product-description error;
• we reasonably suspect fraud or misuse;
• applicable purchase restrictions have been exceeded; or
• we are unable to fulfil the order for legal or regulatory reasons.

If we cancel an order after payment has been taken, we will refund the relevant amount.


8. PAYMENT

We accept the payment methods displayed during checkout.

Payments are processed using secure payment service providers.

We do not store your complete payment card details on our website or servers.

Your order will not normally be processed until payment has been successfully authorised.

We are not responsible for charges imposed independently by your bank, card provider or payment provider, where those charges have been properly disclosed by that provider.


9. PROMOTIONAL CODES

From time to time we may offer promotional or discount codes.

Unless otherwise stated:

• promotional codes must be used before their stated expiry date;
• only one promotional code may be used per order;
• promotional codes cannot normally be combined;
• promotional codes have no cash value;
• promotional codes may apply only to specified products, customers or order values.

We may withdraw or restrict a promotional code where reasonably necessary, including in cases of error, fraud or misuse.

Any specific terms supplied with a promotion will also apply.


10. DELIVERY

Delivery options, estimated delivery times and charges are set out on our Delivery & Returns page and during checkout.

Delivery times are estimates unless we expressly agree otherwise.

We will take reasonable steps to deliver your order within the stated timeframe and in accordance with applicable consumer law.

Please ensure that the delivery information you provide is accurate and complete.

If you believe that an order has been lost, damaged or significantly delayed, please contact us at:

info@myfabulosa.co.uk

For further information, please see our Delivery & Returns policy.


11. RISK AND OWNERSHIP

Responsibility for the goods will normally pass to you when the goods are delivered to you or to a person identified by you to receive them.

Where you arrange for a carrier that was not offered by us, different rules may apply in accordance with applicable law.

Ownership of the goods will pass to you once we have received payment in full and the goods have been delivered.


12. YOUR RIGHT TO CANCEL

If you are a consumer purchasing goods online, you generally have a statutory right to cancel your contract without giving a reason.

For most goods, you have 14 days beginning on the day after you, or a person nominated by you, receives the goods to notify us that you wish to cancel.

After notifying us of your cancellation, you normally have a further 14 days to return the goods.

To exercise your right to cancel, you must clearly inform us of your decision.

You may contact us at:

info@myfabulosa.co.uk

Where applicable, EU consumers may also use the EU Right of Withdrawal function available through our website.

Further information is available in our Delivery & Returns policy.


13. EU RIGHT OF WITHDRAWAL

Where applicable, consumers located in the European Union have the right to withdraw from eligible distance contracts within 14 days without giving a reason, subject to applicable exceptions.

Eligible customers can exercise this right using our EU Right of Withdrawal page available through the footer of our website.

The electronic withdrawal function allows customers to provide information identifying themselves and their order and to submit a clear statement that they wish to withdraw from the contract.

Nothing in these Terms & Conditions is intended to restrict rights available to consumers under applicable EU consumer protection law.


14. RETURNS FOLLOWING CANCELLATION

If you cancel an eligible order, you must return the goods in accordance with the instructions provided in our Delivery & Returns policy.

You may inspect goods to establish their nature, characteristics and functioning in a similar way to how you would reasonably inspect them in a shop.

We may make an appropriate deduction from a refund where the value of goods has been reduced because they have been handled beyond what is reasonably necessary for that purpose.

Unless we have agreed otherwise, you are normally responsible for the direct cost of returning unwanted goods where you have been informed of this before purchase.

This does not apply where goods are faulty, damaged, incorrect or not as described and applicable law requires us to bear the return cost.


15. REFUNDS FOLLOWING CANCELLATION

Where you validly cancel an eligible order, we will refund payments due to you in accordance with applicable consumer law.

Where applicable, this includes the cost of our least expensive standard delivery option.

If you selected a more expensive delivery method, such as an express or Next Day service, we are not required to refund the additional amount above the cost of standard delivery.

For returned goods, we may withhold the refund until we receive the goods back or you provide evidence that you have returned them, whichever occurs first.

Refunds will normally be made using the same payment method used for the original transaction unless otherwise agreed.

Please see our Delivery & Returns policy for further information.


16. OUR VOLUNTARY RETURNS POLICY

In addition to your statutory rights, My Fabulosa currently offers a 21-day returns policy for eligible products purchased directly through myfabulosa.co.uk.

Conditions applicable to this additional returns policy are explained on our Delivery & Returns page.

Our voluntary returns policy is provided in addition to your statutory rights and does not replace, restrict or reduce those rights.


17. EXCEPTIONS TO CANCELLATION RIGHTS

The statutory right to cancel may not apply to certain products where permitted by law.

Examples may include:

• goods made to your specifications or clearly personalised;
• goods which are liable to deteriorate or expire rapidly; and
• sealed goods which are not suitable for return for health protection or hygiene reasons once they have been unsealed after delivery.

Whether an exception applies will depend on the product and applicable law.

Your rights in relation to faulty, damaged or misdescribed goods are separate from the right to change your mind.


18. FAULTY, DAMAGED OR MISDESCRIBED PRODUCTS

Products supplied by us must comply with applicable consumer law.

For UK consumers, goods must, among other requirements, be:

• of satisfactory quality;
• fit for their intended purpose; and
• as described.

If a product is faulty, damaged, not as described or otherwise does not comply with your statutory rights, please contact us at:

info@myfabulosa.co.uk

Depending on the circumstances and applicable law, you may be entitled to remedies including repair, replacement, price reduction or refund.

Nothing in these Terms & Conditions excludes or limits rights or remedies that cannot lawfully be excluded or limited.


19. MANUFACTURER WARRANTIES

Some products may also be covered by a manufacturer's warranty.

Any manufacturer's warranty is provided in addition to, and does not replace or reduce, your statutory consumer rights.

Where applicable, warranty information will be supplied with the product or made available to you separately.


20. PRODUCT SAFETY

Please read and follow all product labels, instructions, warnings and safety information before using our products.

Products should only be used for their intended purpose and in accordance with the manufacturer's instructions.

Keep products away from children and pets where instructed.

Where safety data sheets, technical documentation or additional product safety information are available, these may be accessed through our website.


21. INTELLECTUAL PROPERTY

Unless otherwise stated, the content of this website, including text, graphics, logos, branding, product imagery, design elements and other materials, belongs to My Fabulosa Ltd or is used by us with permission.

You may use our website for personal and non-commercial purposes.

You must not copy, reproduce, distribute, modify or commercially exploit our website content without our permission, except where permitted by law.


22. ACCEPTABLE USE

You must not misuse our website.

In particular, you must not knowingly:

• introduce viruses, malware or other harmful material;
• attempt to gain unauthorised access to our website, servers or systems;
• interfere with the normal operation or security of the website;
• use the website for fraudulent or unlawful purposes.

We may restrict access where reasonably necessary to protect our website, customers or business.


23. CUSTOMER COMMUNICATIONS AND ABUSIVE BEHAVIOUR

We expect customers and our staff to communicate respectfully.

We may take reasonable steps to protect our employees from threatening, abusive, discriminatory or harassing behaviour.

This may include restricting communications or, where reasonably necessary and lawful, declining future transactions.

We will not use this provision to remove or restrict a customer's statutory rights, including rights relating to existing orders, refunds, complaints or faulty goods.


24. OUR RESPONSIBILITY TO YOU

Nothing in these Terms & Conditions excludes or limits liability where it would be unlawful to do so.

In particular, we do not exclude or limit liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• breach of statutory consumer rights where liability cannot legally be excluded.

If we fail to comply with these Terms & Conditions, we are responsible for loss or damage that is a foreseeable result of our breach or our failure to use reasonable care and skill, subject to applicable law.

We are not responsible for losses that are not reasonably foreseeable or for business losses suffered by a consumer acting wholly for personal purposes.


25. EVENTS OUTSIDE OUR REASONABLE CONTROL

We will not be responsible for delays or failures caused by events outside our reasonable control where permitted by law.

Examples may include severe weather, transport disruption, industrial action, telecommunications failures, natural disasters, government action or other events that we could not reasonably prevent.

Where such an event materially affects an order, we will take reasonable steps to minimise the effect and communicate with you where appropriate.

Your statutory rights remain unaffected.


26. PRIVACY AND PERSONAL DATA

We process personal data in accordance with our Privacy Policy.

Our Privacy Policy explains what information we collect, why we use it, who we may share it with, how long we retain it and your data protection rights.

Please review our Privacy Policy and Cookie Policy for further information.


27. CHANGES TO THESE TERMS

We may update these Terms & Conditions from time to time.

The version applying to your purchase will normally be the version in force when you place your order.

The latest version will be published on our website.


28. SEVERABILITY

If any provision of these Terms & Conditions is found to be unlawful, invalid or unenforceable, that provision will be treated as removed or limited to the extent necessary.

The remaining provisions will continue to apply.


29. NO WAIVER

If we do not immediately enforce a provision of these Terms & Conditions, this does not mean that we have waived our right to enforce it later.


30. THIRD-PARTY RIGHTS

Unless expressly stated otherwise, these Terms & Conditions are between you and My Fabulosa Ltd.

No other person has a right to enforce these Terms & Conditions except where applicable law provides otherwise.


31. GOVERNING LAW

If you are a consumer resident in the United Kingdom, these Terms & Conditions are governed by the applicable laws of the United Kingdom.

If you are a consumer resident elsewhere, including in the European Union, you may also benefit from mandatory consumer protection rights provided by the laws of your country of residence.

Nothing in these Terms & Conditions is intended to deprive you of mandatory consumer protections that apply to you.


32. COMPLAINTS

If you have a complaint about an order, product or our service, please contact us first so that we can try to resolve the issue.

Email:

info@myfabulosa.co.uk


33. CONTACT US

My Fabulosa Ltd
Company Number: 11966406

Unit 8, Airfield Road
Wardle
Nantwich
Cheshire
CW5 6LQ
United Kingdom

Email: info@myfabulosa.co.uk