Fabza.com Terms and Conditions

1. About Fabza.com and Our Services

1.1. Fabza.com is an online platform that acts as an intermediary or connector. We provide a Service that allows you to discover and compare products ("Products") offered for sale by third-party retailers, brands, and boutiques ("Merchants").

1.2. Our Service enables you to search for Products. When you decide to make a purchase, we facilitate the transaction by collecting necessary information from you and integrating with a third-party payment processor (primarily Stripe) to process your payment directly to the relevant Merchant. This payment process occurs within the Fabza.com Site using the Merchant's designated Stripe account.

1.3. Fabza.com is not the seller of the Products. When you purchase a Product, you are entering into a contract directly with the relevant Merchant, not with Fabza.com or 30m Limited. We are not a party to that contract.

1.4. Product information, including descriptions, images, pricing, and availability, is provided to us by the Merchants or sourced from publicly available information. While we strive to ensure this information is accurate and up-to-date, we do not guarantee its accuracy, completeness, reliability, or timeliness. We are not responsible for any errors or omissions in Product listings.

2. Eligibility and Use of Our Services

2.1. To use our Services, you must be at least 13 years of age. If you are between 13 and 18 years old, you may only use the Services with the consent and involvement of a parent or legal guardian. By using the Services, you represent and warrant that you meet these age requirements.

2.2. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2.3. You agree to use the Services only for lawful purposes and in accordance with these Terms.

3. Account Registration (If Applicable)

3.1. Currently, Fabza.com primarily facilitates direct interaction with Merchants for purchases without requiring you to create a persistent user account directly on the Fabza.com Site for browsing or initiating the purchase process.

3.2. Should Fabza.com introduce features requiring account registration in the future (e.g., for saving items, writing reviews), you will be required to provide accurate and complete information. You would be responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Specific terms for such accounts would be provided at the time of registration.

4. Product Listings, Pricing, and Availability

4.1. Products listed on our Site are offered for sale by independent Merchants. Fabza.com does not own, stock, or sell these Products directly.

Pricing: Prices for Products are set by the Merchants and are displayed on our Site as provided by them. Prices are subject to change without notice. We are not responsible for pricing errors made by Merchants. The final price you pay will be determined at the point of purchase on our Site, processed on behalf of the Merchant.

Availability: Product availability is determined by the Merchants. We do not guarantee that any Product listed on our Site will be available for purchase from the Merchant. If a Product becomes unavailable after you have initiated a purchase process through our Service, the Merchant is responsible for informing you and handling any necessary refunds or alternatives as per their policies.

Product Descriptions and Images: We display Product descriptions and images as provided by the Merchants. We do not warrant that Product descriptions, images, or other content are accurate, complete, reliable, current, or error-free. If you have questions about a Product, you should contact the relevant Merchant.

5. Purchases from Merchants

5.1. When you select a Product and proceed to purchase on the Fabza.com Site, the payment is processed by a third-party payment processor (e.g., Stripe) using the specific Merchant's account details integrated into our platform (e.g., via Stripe Elements). You are not redirected to the Merchant's website to complete the payment.

Your contract for the purchase of Products is solely and directly with the Merchant. Fabza.com is not a party to this contract and assumes no responsibility or liability arising from or in connection with it, even though the payment facilitation occurs on our Site.

Merchant's Terms and Conditions: All purchases are subject to the terms and conditions, including shipping policies, return policies, and refund policies, of the respective Merchant. It is your responsibility to understand that these Merchant terms apply to your purchase. While the transaction is initiated on Fabza.com, the underlying obligations regarding the product rest with the Merchant.

5.4. Fabza.com does not handle customer service (beyond initial transaction facilitation queries), order fulfilment, shipping, returns, exchanges, or refunds for Products purchased from Merchants. All such matters must be addressed directly with the relevant Merchant.

6. Payments

6.1. Payments for Products made on the Fabza.com Site are processed by third-party payment processors, primarily Stripe, Inc. ("Stripe"), on behalf of the Merchants. Fabza.com facilitates this by integrating Stripe's payment processing services (e.g., Stripe Elements) into the Site, configured with the respective Merchant's Stripe account information.

6.2. Fabza.com does not process your payment card details directly nor do we store your full payment card information. When you provide payment information on our Site, you are providing it directly to Stripe through its secure "Stripe Elements" interface (or a similar secure solution from another provider if used). These payment details do not pass through Fabza.com's servers in an unencrypted or storable manner.

6.3. By making a payment, you agree to be bound by the terms and conditions and privacy policy of Stripe or the relevant payment processor, as applicable to the transaction with the Merchant.

6.4. Fabza.com collects your email address, optional phone number, billing address, and shipping address to pass to Stripe and the Merchant to facilitate the transaction and order fulfilment, as detailed in our Privacy Policy.

7. Shipping, Returns, and Refunds

7.1. All aspects of shipping, delivery, returns, exchanges, and refunds are managed by and are the sole responsibility of the Merchant from whom you purchase the Product.

7.2. You must consult the relevant Merchant's policies regarding shipping times, costs, methods, and their procedures for returns and refunds. Information regarding these policies may be available from the Merchant.

7.3. Fabza.com has no control over, and accepts no liability for, the shipping, delivery, or condition of Products, nor for the Merchant's handling of returns or refunds. Any claims or disputes regarding these matters must be resolved directly with the Merchant.

8. User Conduct

You agree not to use the Services to:

• 8.1. Violate any applicable local, national, or international law or regulation.
• 8.2. Infringe upon or violate our intellectual property rights or the intellectual property rights of others (including Merchants).
• 8.3. Submit false, inaccurate, or misleading information.
• 8.4. Engage in any activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
• 8.5. Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• 8.6. Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
• 8.7. Attempt to gain unauthorized access to the Services, other user accounts, or computer systems or networks connected to the Services.
• 8.8. Use the Services for any commercial purpose not expressly permitted by Fabza.com, such as reselling access or scraping content without permission.
• 8.9. Promote or sell counterfeit goods or products that enable dishonest behavior.

9. Intellectual Property Rights

9.1. The Services, including the Site, its design, text, graphics, logos, images, selection and arrangement thereof, and all software (collectively, "Fabza Content") are the property of 30m Limited or its licensors and are protected by UK and international copyright, trademark, and other intellectual property laws.

9.2. Fabza.com grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use, subject to these Terms.

9.3. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Fabza Content except as incidentally necessary to use the Services.

9.4. The Fabza.com name, the Fabza logo, and all related names, logos, product and service names, designs, and slogans are trademarks of 30m Limited or its affiliates or licensors. You must not use such marks without the prior written permission of 30m Limited. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners (e.g., Merchants).

10. Third-Party Links and Services (Merchants)

10.1. While transactions are initiated on the Fabza.com Site, the Products themselves originate from, and your contractual relationship for the Product is with, third-party Merchants. The Services are fundamentally about connecting you with these Merchants.

10.2. Fabza.com has no control over the Merchants' business practices, product quality, or their adherence to their own stated policies (beyond our initial vetting for participation).

10.3. Your interactions with any Merchants, including the purchase, delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Merchant.

11. Privacy and Your Personal Information

11.1. Your privacy is important to us. All personal information we collect and handle through the Services is subject to our Privacy Policy (available at https://www.fabza.com/policies/privacy). By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

11.2. Our use of cookies and similar technologies is described in our Cookie Policy (available at https://www.fabza.com/policies/cookies).

12. Disclaimers

12.1. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS DISPLAYED VIA THE SERVICES ARE PROVIDED BY FABZA.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

12.2. FABZA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS DISPLAYED VIA THE SERVICES (WHICH ORIGINATE FROM MERCHANTS), UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

12.3. TO THE FULL EXTENT PERMISSIBLE BY LAW, FABZA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE PRODUCTS SOLD BY MERCHANTS.

12.4. FABZA.COM DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, OR MATERIALS DISPLAYED VIA THE SERVICES, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM FABZA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.5. FABZA.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A MERCHANT THROUGH THE SERVICES. WE ARE AN INTERMEDIARY FACILITATING YOUR TRANSACTION WITH THE MERCHANT AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND MERCHANTS, OTHER THAN FACILITATING THE INITIAL PAYMENT COMMUNICATION.

13. Limitation of Liability

13.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 30M LIMITED (TRADING AS FABZA.COM), ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY MERCHANT OR OTHER THIRD PARTY DISPLAYED VIA THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) THE PRODUCTS PURCHASED FROM MERCHANTS, INCLUDING BUT NOT LIMITED TO DEFECTS, DELIVERY ISSUES, OR FAILURE TO PERFORM BY THE MERCHANT; AND (V) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (I) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY, NOTING FABZA.COM DOES NOT CURRENTLY CHARGE USERS FOR ACCESS) OR (II) ONE HUNDRED POUNDS STERLING (£100).

13.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless 30m Limited, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

15. Termination

15.1. We may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

15.2. Upon termination, your right to use the Services will immediately cease.

15.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Changes to These Terms

16.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

16.2. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date at the top of these Terms.

16.3. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.

17. Governing Law and Jurisdiction

17.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

17.2. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

18. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and 30m Limited regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Waiver: No waiver by 30m Limited of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of 30m Limited to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Headings: The section headings used in these Terms are for convenience only and will not be given any legal import.

19. Google CSS Program Compliance

19.1. Fabza.com operates as a Comparison Shopping Service (CSS). We strive to comply with all applicable Google CSS program requirements.

19.2. Our Site allows users to search and compare different products, including their prices and selling conditions as offered by different Merchants.

19.3. We ensure that product pages on our Site that are submitted to Google lead users to a page on Fabza.com where they can obtain further information and initiate the purchase of the product, which is then completed via our integrated payment solution with the relevant Merchant.

19.4. We are committed to protecting users from harmful content and practices and adhere to Google's policies regarding prohibited content, responsible data collection, and user safety.

19.5. If Fabza.com submits product data to Google on behalf of Merchants, those Merchants will be informed, as per our agreements with them, that their product content will be provided to Google and may be made publicly available. Fabza.com warrants that it has the necessary rights from Merchants to permit Google to access and use such content as required by the CSS program.

20. Contact Information

If you have any questions about these Terms, please contact us:

30m Limited (trading as Fabza.com)
Office 3, St Ann's House, 111 Guildford Road, Lightwater, Surrey, England, GU18 5RA
Email: [email protected]