For details of how Fabulai uses your personal data and information please see our Your Personal Information section below.
Goods and Service Terms and Conditions
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before you place your order, if you have any questions relating to these Conditions please contact us by email or SMS / text to +44 (0)7429383030. This number is open for SMS/text 24 hours a day. Please note that SMS or Text to this number are free from a mobiles and some sometimes may vary. Please note that all SMS/text messages to our Customer Services representatives may be recorded for quality monitoring and training purposes. Alternatively, you can contact us via our Website at www.Fabulai.com > Contact Us.
The Goods and Services comply with appropriate UK legislation and are only available to UK residents.
“Fabulai.com” means Fabulai Limited, together with its subsidiary and holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time, including Fabulai.info and its affiliates and subsidiary companies from time to time;
“Conditions” means these terms and conditions;
“Goods” means any goods you purchase under these Conditions;
“Non-subscription Services” mean any Services other than Subscription Services;
“Personal Information” means the details provided by you to us;
“Services” means any services you order or otherwise purchase under these Conditions;
“Subscription Services” means any Services to which you subscribe on an ongoing basis and which are supplied to you by us, for example technical support Services;
“Us/our/we” means Fabulai.com, a trading division of Fabulai Limited, a company registered in England under number 08151935 with registered office located at 45 Brookside, Wednesbury,WS10 0QF;
“Website” means either one of the websites located at www.Fabulai.com or any other URL which may replace it; and
“You/Your” means the person ordering or otherwise purchasing the Goods or Services.
1. Rights and Obligations
1.1. You undertake:
1.1.1. to pay any amounts due to us in a timely manner;
1.1.2. that the Personal Information which you provide is true, accurate, current and complete in all respects; and
1.1.3. to notify us immediately of any changes to the Personal Information either via www.Fabulai.com > Contact Us or by SMS/text us on 0753 852 852 1; and
1.1.4. not to impersonate any other person or entity or to use a false name.
1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available via our stores and/or our Website. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for any Goods or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4. From time to time we may also have to make changes in the specification of any Good or Service:
1.4.1. to make it conform with any applicable safety or other statutory requirements; or
1.4.2. to make it reflect changes in the manufacturer’s specification,
but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5. Goods and Non-subscription Services:
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
1.5.3. The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
1.6. Subscription Services only:
1.6.1. If you subscribe to any Subscription Services, we will give you prior notice of any withdrawal or modification of the Subscription Services or any changes to these Conditions. Where these changes are to your substantial detriment, you can choose to cancel any unused portion of the Subscription Services without penalty before any such changes take effect. Your continued subscription to the Subscription Services following such change taking effect shall be deemed to be your acceptance of such change.
1.6.2 Where these changes are to your substantial detriment (which shall include but not be limited to an increase in the price of your Subscription Services of more than 10%), you can choose to cancel any unused portion of the Subscription Services without penalty before any such changes take effect. Your continued subscription to the Subscription Services following such change taking effect shall be deemed to be your acceptance of such change.
1.6.3. Your right to cancel under 1.6.1 (i) above does not apply where: (a) any price increase in relation to the Subscription Services does not exceed the Retail Price Index figure, the Consumer Price Index figure or similar in any twelve month period; or (b) the increase is as a result of any increase in VAT or other taxes or the introduction of a similar or new tax on the Subscription Service.
1.7. We will do our best to provide the Goods and/or Services you have ordered in a timely and efficient manner but please note that any estimated time frames for any delivery of the Goods and/or completion of the Services are estimates only and delays may arise as a result of matters outside of our reasonable control.
1.8. Goods that you have ordered may be subject to EU and UK export control laws and laws of the country where it is delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users (including to nationals of Cuba, Iran, North Korea, Sudan, and/or Syria) or countries or for restricted end-uses (including uses related to the development, production, use, or maintenance of “Weapons of Mass Destruction”, including without limitation, uses related to nuclear, missile, and/or chemical/biological development). If the Goods are supplied to you subject to any such Export Laws, supply to you of the Goods is subject to you not falling into any such restricted categories.
2.1. The Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the United Kingdom mainland. Services that come with minimum term contracts are only available to individuals who are 18 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or over.
2.2. When so requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be initiated & completed when we dispatch the Goods/commence the provision of the Services (as applicable).
2.4. You acknowledge that any automated acknowledgement given when you place an order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own retion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you using your Personal Information. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole retion, are making use of the Goods or Services for profit.
3. Price and Payment
3.1. The price of the Goods or Services (if any) shall be our quoted price or your acceptable bargain price, where no price has been quoted (or a quoted price is no longer valid or Bargain price option available), the price of which we inform you prior to accepting your order. All prices are inclusive of VAT at current rates unless stated otherwise.
3.2. You shall provide payment prior to us providing you with the Goods or Services (as applicable) unless otherwise agreed by us in writing.
3.3. If you fail to make any payment on the due date/time then, without prejudice to any other right or remedy we may have, we will be able to do one or more of the following:
3.3.1. Where you subscribe to Subscription Services, suspend the provision of the Services to you until payment has been received and, where you have failed to make payment despite reminders to do so, cancel this agreement; and/or
3.3.2. Where you have ordered Goods or Non-subscription Services, cancel this agreement between you and us in relation to such Goods and/or Non-subscription Services; and/or
3.3.3. In any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
3.4. You confirm that, where you pay by Paypal or Google checkout or payment card or direct debit, the payment method that is being used is yours.
3.5. All payment methods other than cash are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by any failure of such checks or authorisation.
3.6. Once any Goods you have ordered or otherwise purchased have been collected by you, and/or installed/fitted (where we have agreed to provide such installation/fitting services), or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.7. Irrespective of delivery and the passing of risk in the Goods, or any other provision of these conditions, the ownership of the Goods shall not pass to you until we have received in cash or cleared funds payment in full for the price of such Goods.
3.8. Until such time as the ownership of the Goods passes to you, you shall hold it on our behalf and keep it safe and identified as our property.
3.9. Until such time as the ownership of the Goods passes to you, we shall be entitled to ask you to return the Goods to us.
4. Right of Cancellation
4.1. Goods and/or Services ordered at a distance
4.1.1. Consumers ordering Goods or Services at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000.
4.1.2. You may cancel any order for Services at any time within 7 working days from the day after placing your order without liability to us, however, you may not cancel once we have started providing any part of such Services to you with your agreement.
4.1.3. You may cancel any order for Goods other than software at any time within 7 working days from the day after receiving your Goods without liability to us.
4.1.4. A working day is any day except Saturday, Sunday and UK public holidays.
4.1.5. Where you have ordered software, you do not have a right to cancel your order once it has been accepted and either (i) download of the software has started; or (ii) where the software has been delivered to on CD, DVD or other similar storage devices and the software is unwrapped.
4.1.6. You may cancel your order by email or SMS/Text us on 0753 852 852 1, online at www.Fabulai.com Contact Us or by writing to us at Fabulai Customer Relations,. Any cancellation notice must be received by us before the end of the 7 working day period referred to above.
4.1.7. Where you cancel an order for Goods, it must be returned to us within a reasonable period, complete (together with any accessories, leads or other items provided with the Goods) and unpackaged, undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
4.1.8. Unless collection of the Goods has been arranged, you must return the Goods by at your cost. Please see online at www.Fabulai.com Returns for full details of our Returns and Replacement Policy. It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery where appropriate in respect of the type of Goods that you are returning.
4.1.9. Where we have agreed to collect the Goods from you, you must ensure that you make the Goods available for collection at the time arranged.
4.1.10. You shall be under a duty to take reasonable care of the Goods until received or collected by us (if applicable) and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.1.11. If you cancel your contract in accordance with the provisions of this Clause 4.1, subject to the provisions of Clause 4.1.7 we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Goods from you under Clause 4.1.7) within 30 days.
4.2. Subscription Services:
4.2.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of this agreement in any material way, the other party can terminate this agreement by giving the other party 7 days’ written notice of such termination.
4.2.2. Subject to Clauses 4.2.3 and 4.2.4 and without prejudice to Clause 4.2.1 above or to any other rights we have under the terms of these Conditions, either party can terminate this agreement at any time by giving the other party no less than 30 days written notice of such termination.
4.2.3. In the event that the Subscription Services come with a minimum term contract, without prejudice to our rights in Clauses 1 and 4.2.1 above, we will not terminate the Subscription Services during such a minimum term.
4.2.4. You may terminate the Subscription Services within such a minimum term but if you do so other than in exercising your rights under Clauses 1.6.1 and 4.2.1, we may charge you a cancellation fee.
5. Returns and Exchanges
5.1. In certain situations, we may be prepared to give you a refund or exchange in respect of Goods with which you are not satisfied. For details on our Returns and Exchange Policy please visit www.Fabulai.com >Returns, contcat our Customer Services team by email or SMS/text on 0753 852 852 1 for details.
6. Your Personal Information
6.1. We need to collect certain Personal Information to provide you with the Goods and/or Services. This Personal Information will form part of a record of your dealings with us.
6.2. When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this. We will keep Personal Information given to us by you or others during your relationship with us and other companies in the Best Buy Group. This includes:
6.2.1. details you give us on order forms or during communications with you; and
6.2.2. details we receive from credit reference and fraud detection agencies.
6.3. You agree that we may use and update your Personal Information:
6.3.1. for credit and credit related services and to manage your accounts;
6.3.2. when applicable in relation to the Goods and/or Services ordered, to make credit, fraud and identity checks on you (i) prior to accepting your order; and (ii) subsequently for the purpose of risk assessment, debt collection and fraud prevention whilst you retain a financial obligation to us;
6.3.3. to provide you with goods and/or services that you have ordered;
6.3.4. to trace and recover debts;
6.3.5. to prevent and detect fraud, crime and money laundering;
6.3.6. to update our records about you; and
6.3.7. to check your identity.
6.4. If you give us false or inaccurate information or we identify fraud, we may record this.
6.5. Any credit checks that we undertake will be recorded by the credit reference agencies in the form of a search ‘footprint’ on your credit file. This ‘footprint’ may then be seen by other people conducting similar searches of your credit file.
6.6. We may use and disclose information about you and how you run your accounts to credit reference, law enforcement and fraud prevention agencies. For example, if you do not pay any sums owed to us when due, details of this failure may be passed on to credit reference agencies who will record this information against your credit file. Such records may remain on file with credit agencies for 6 years after your account is closed, whether settled by you or defaulted.
6.7. Credit Agencies may pass the Personal Information that they received from us to other organisations in the performance of credit and/or fraud checks. Your Personal Information together with any additional information held by credit reference agencies and fraud prevention agencies may also be used to trace your whereabouts and recover debts that you owe.
6.8. Information held about you by credit reference agencies may be linked to records of people who are financially linked to you. We and other organisations may use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.
6.9. We may use your Personal Information for research and statistical analysis, to develop and improve our products and services.
6.10. When assessing an application, we may use automated decision-making systems.
6.11. Your Personal Information is confidential and, although we may freely disclose it to other companies within the Fabulai Group, we will only disclose it outside the Best Buy Group when:
6.11.1. you give us your consent;
6.11.2. it is needed by certain reputable third parties involved in running accounts and/or providing services for us (for example, our business partners or credit reference agencies or companies that we use in the provision of the Services);
6.11.3. it is needed in order to obtain professional advice;
6.11.4. it is needed to investigate or prevent crime (e.g. to fraud prevention agencies);
6.11.5. the law permits or requires it, or any regulatory or governmental body requires it, even without your consent;
6.11.6. you purchase a television from us, in which case your Personal Information will be provided to TV Licensing to comply with our legal obligation under the Wireless Telegraphy Act 1967 (as amended);or
6.11.7. there is a duty to the public to reveal the Personal Information.
6.12. We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe.
6.13. We may monitor, record, store and use any telephone, email, SMS/text or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service.
6.14. Where we process sensitive Personal Information, we will employ appropriate security measures.
6.15. If you would like us to tell you what information we hold about you, or if you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you, please write to: The Data Protection Office, Fabulai at 45 Brookside, Wednesbury,WS10 0QF;. We may charge a 10.00 administration fee – Please include your full name, address and a copy ID with each request.
6.16. You will have the opportunity to consent to us contacting you by e-mail, phone, SMS/text or MMS from time to time occasionally about products and services which the Baegainfree Group and carefully selected third parties or our business sellers believe may be of interest to you.
6.17. You can make changes to your marketing preferences and/or correct or update any inaccurate or incomplete information at any time by SMS/text us on 0753 852 852 1 or alternatively, you can email us at info@Fabulai.com or write to us at Fabulai at 45 Brookside, Wednesbury,WS10 0QF. Please note that it may take up to 28 days for such changes to take effect.
6.18. If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information. You must also confirm that you have told them who we are and the basis on which we will use their information.
6.19. If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information. You must also confirm that you have told them who we are and the basis on which we will use their information.
6.20. We may pass your information to the Mobile Equipment National Database (“MEND”) and the Stolen Equipment National Database (“SEND”) (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your Mobile Phone/Smart Phone or it is stolen from you. Please contact us by SMS/text on 0753 852 852 1, if you do not want your information to be passed to MEND and/or SEND. PLEASE NOTE: Once you have been registered with MEND and SEND, it is your responsibility to ensure that you notify any change of mobile phone to MEND and SEND to ensure that there is no interruption of their service to you.
7.1. You may send us notices under or in connection with these Conditions:
7.1.1. by post to Fabulai at 45 Brookside, Wednesbury,WS10 0QF;
7.1.2. via our website at www.Fabulai.com > Contact Us
7.2. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.
8. Limitation of Liability
8.1. We will not be liable under this contract for any loss or damage caused by circumstances where:
8.1.1. there is no breach of a legal duty of care owed to you by us;
8.1.2. such loss or damage is not a reasonably foreseeable result of any such breach; or
8.1.3. any loss or damage which results from the breach by you of any term of these Conditions.
8.2. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
8.3. We will not be liable for any loss or damage caused by us in circumstances where:
8.3.1. there is no breach of a legal duty of care owed to you by us; and/or
8.3.2. such loss or damage is not reasonably foreseeable.
8.4. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
8.5. Nothing in these Conditions shall:
8.5.1 exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
8.5.2. limit your rights as a consumer under applicable UK law..
8.6. We shall not be liable where we are unable (using reasonable efforts) to provide any Goods and/or Services ordered by you as a result of any event outside our reasonable control.
8.7. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
8.8. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
8.9. Each provision of this Clause 8 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
9. Events Beyond the Parties Reasonable Control
9.1. If either of us cannot do what we have promised because of something beyond our reasonable control such as out of stock/damaged item with our Business sellers, system technical issues, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
10. Third Parties
10.1. Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
11.1. You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
12. Handling Complaints
12.1. If you ever wish to complain about the Services, we will endeavour to handle such complaints fairly, efficiently and confidentially. You can complain in the following way:
12.1.1. by SMS/text to 0753 852 852 1
12.1.2. in writing addressed to: Fabulai at 45 Brookside, Wednesbury,WS10 0QF 12.1.3. online, where more details of our complaints process are provided, by click here: www.Fabulai.com/Contact Us for complaints handling process.
12.2. If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
13. Call Monitoring
13.1. Monitoring or recording of your calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.
14. Terms applicable only to Promotional Items received for free or at a discount when you have entered into a Network Contract or an agreement for Subscription Services
14.1. In relation to the Promotional Items only, the terms listed below shall have the following meaning:
“Minimum Period” means any minimum period for the provision of any Subscription Services or Network Services beginning the day of which the provision of your Subscription Services or Network Services (as applicable) begin or, in the case of a contract renewal, the date on which that renewal becomes effective;
“Network Services” means the telecommunication, internet or television services provided by a Network Operator;
“Network Contract” means a contract entered into between you and your Network Operator relating to the provision of Network Services;
“Network Operator” means a Network provider nominated by us to you into which you have entered any Network Contract;
“Promotional Items” mean Goods received for free or at a ount when you have entered into a Network Contract or an agreement for Subscription Services; and
“Services Contract” means a Network Contract or contract for Subscription Services.
14.2. Terms applicable to Promotional Items received for free or at a discount when you have entered into a Network Contract or an agreement for Subscription Services
14.2.1. Where you have received your Promotional Item(s) and:
(i) it has not been possible to fully provision you with your Network Services or Subscription Services, for whatever reason, within 60 days of you placing your order;
(ii) your Services Contract is terminated as a result of you being in breach of its terms (including but not limited to where you have failed to fulfill your payment obligations during the Minimum Period); or
(iii) you move onto a lower rate monthly subscription or you end the Services Contract for any reason within 9 months (if your Minimum Period is 12 months or more) or within your Minimum Period (if your Minimum Period is less than 12 months),
you must, unless you have paid all the charges due under your Services Contract:
(i) return the Promotional Items to us within 14 days of our request for you to do so by sending it special delivery to Fabulai, 45 Brookside, Wednesbury,WS10 0QF; or
(ii) keep the Promotional Items, in which case you agree to pay us the amount of the discount being the stand-alone retail price of the Promotional Items (i.e. the price you would have paid had you purchased the Promotional Items without entering into the Services Contract) less any amount paid by you at the time of purchase for the Promotional Items (the Outstanding Amount).
14.2.2. Any such Outstanding Amount due will be invoiced as we advise and you must pay the invoiced amount within 14 days of the date of the invoice.
14.2.3. We agree that, subject to the provisions of Clauses 14.2 and 14.3 we will not exercise our right under Clause 3.9 where you have entered into a Services Contract, and are duly performing your obligations as to payment under it. [Only use if cash-back and/or redemption deals are being considered]
14.3. Terms Applicable to cash-back, redemptions or similar promotional deals offering you a financial incentive or rebate when you have entered into a Network Contract or an agreement for Subscription Services (together, “Cash-back and/or Redemption Deals”)
14.3.1. The following terms are in addition to any specific terms applicable in relation to any Cash-back and/or Redemption Deal that you have entered into.
14.3.2. Where Cash-back and/or Redemption Deals offer you a fixed price line rental via cash-back or redemption, this fixed price is dependent on the Network Operator or Service Provider not increasing the price of its Services. Where the price of the Services is increased by the Network Operator or Service Provider, this is done independently of the Cash-back and/or Redemption Deal. The amount of payments you receive under your Cash-back and/or Redemption Deal will remain static for the duration of the Cash-back and/or Redemption Deal and you will remain liable to the Network Operator for any such increased prices.
14.3.3. You may be required to make payments upfront for the full amounts due under your Services Contract prior to being entitled to claim any payments from us under your Cash-back and/or Redemption Deal.
14.3.4. To claim any payments due to you under your Cash-back and/or Redemption Deal:
(i) you may be required to provide us with specific bills at specific times; and
(ii) you must ensure that all payments due from you under your Services Contract are up to date.
Failure to do so may invalidate your Cash-back and/or Redemption Deal and you may no longer be entitled to claim any further payments.
14.3.5. Any bills that you are required to send in under clause 14.3.4 above must show:
the Services Contract to which you subscribed when you signed up to the Cash-back and/or Redemption Deal;
(ii) the same tariff (if applicable) to which you signed up;
(iii) your name and address as provided by you at the time you entered into the Cash-back and/or Redemption Deal; and
(iv) in relation to mobile phones, the number which you were allocated at the time you entered into the Cash-back and/or Redemption Deal. If you have ported a previous number or if you have changed address, you must notify us thereof. Please see the information provided to you when you entered into your Cash-back and/or Redemption Deal for details on how to do this.