Fabled website Terms and Conditions

1. Terms and conditions

1.1. What our Terms cover. These are the Terms and conditions (“Terms”) on which we supply products to you from Fabled.com website. Any Fabled policies referred to in these Terms form part of and are incorporated into these Terms. By using the Fabled.com website you are bound by these terms. All use and purchases made on this website are governed by these Terms at any time although the Terms governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise Terms applicable to your site visit or purchase. To assist you in determining whether the Terms have changed since your most recent order we will display the date when these Terms were most recently updated.

1.2. Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or cancel your order, what to do if there is a problem and other important information If you think that there is a mistake in these Terms, please let us know by contacting us.

2. Information about us and how to contact us

2.1. Who we are. This website is operated by Fabled which is the trading name of Marie Claire Beauty Limited, a member of the Next Group Plc, registered in England and Wales. Our company registration number is 11118708. Our registered address is Desford Road, Enderby, Leicestershire, LE19 4AT ("we", "us" or "our"). Our registered VAT number is GB179765890

2.2. How to contact us. You can contact us for customer services enquiries by telephoning our Customer Service Team on 0330 123 0500 or by writing to us at hello@fabled.com or Aquarius House, Bessemer Road, Welwyn Garden City, Hertfordshire, AL7 1HH.

Importantly – please note that if you wish to contact our Data Protection Officer you should use the email address or postal address which we set out under the ‘Contact us’ section of our Privacy & Cookies Policy. You should not use the contact details above for this (those details are for the customer service centre only).

2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. Unless you have requested not to be contacted by text message, we may also contact you by sending a text message to your mobile number.

3. Our agreement with you

3.1. Order process and confirmation. Your order constitutes an offer to us to buy products you select from Fabled website. Your order is subject to availability and acceptance by us. We reserve the right to refuse to accept an order. We will confirm your order placed on the Fabled website. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us.

3.2. How we accept your order. Please note that confirmation of your order does not constitute our acceptance of your order. We will accept your order when we dispatch the goods to you, at which point a contract will come into existence between you and us.

3.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in price or description of the goods or because we are unable to meet a delivery deadline you have specified.

3.4. We only sell to UK consumers: Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

3.5. You must be 18 years old or over. To register with and shop with Fabled.com you must be eighteen years of age or over. You must have completed the registration process before you can order goods from us.

4. Price and payment

4.1. Our Prices. The price of the goods (which includes VAT) will be as quoted on the website at the time you place your order (usually by clicking the "checkout" button). We take reasonable care to ensure that the price of the goods advised to you is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and require the return of any goods provided to you.

4.2. Delivery charges. Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order.

4.3. How you must pay us. We accept payment by debit, credit or charge card and some business account cards. The debit, credit and charge cards accepted by us are those listed on the website on the date on which your order is placed. You cannot pay for your order by cash or cheque. We only accept payment in Great British Pounds.

4.4. Payment with Fabled Vouchers. Until 31st December 2019 we also accept payment by Fabled Vouchers. No other vouchers or "money off" coupons will be accepted towards payment of an order. Any refunds arising from an order paid for by vouchers shall be given in Fabled vouchers. Please note that Fabled vouchers are not gift vouchers, for more detail on Fabled vouchers please see Fabled Vouchers policy.

4.5. When you must pay us. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

5. Providing and delivering the products

5.1. Delivery options and changes to your address. Delivery options will be shown throughout your order process and will be available by courier. Delivery days and times will be as specified on the checkout page on the website and will be made to the address specified by you when you register on the website. You have the ability to change this address through the "Account Settings" feature on the website, and you must do so if you move home so that we can deliver to the correct address.

5.2. If you receive incorrect products. In the event that the products delivered to you include incorrect products, you must notify us promptly. You will not be charged for any incorrect products or products which you have not received.

5.3. If you are not at home when the product is delivered If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave your order in a safe place or leave you a note informing you of how to rearrange delivery.

5.4. We are not responsible for delays outside our control. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date.

5.5. If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and reserve the right to charge you for the cost of storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery we may cancel your order and section 10 will apply.

5.6. If you do not allow us access to provide services. If you do not allow us access to your property to deliver the products as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may cancel your order and section 10 will apply.

5.7. When you become responsible for the products. You will become responsible for the product (s) you order from the time we deliver the product (s) to the address you gave us.

5.8. When you own products. You own the product(s) once we have received payment in full.

5.9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, proof of identification. If so, this will have been stated either when you register on Fabled.com website or we will contact you by phone or email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either cancel your order (and section 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6. Delivery Options

6.1. Delivery Charges. For England, Scotland & Wales, standard courier next day delivery charge to home is £3.99 per delivery for one person delivery items. The standard next day delivery service applies on orders placed Monday to Saturday. Orders placed on a Saturday will be delivered on Monday. Next day delivery to home is free on orders over £60 . The £60 order is calculated before incentives and promotions are removed. If your order value is below £60, you will pay £3.99 delivery to home. Standard next day is not available during Sale periods. Specific delivery details will be confirmed at the time you order. Standard courier next day delivery services are available in most areas. All courier delivery services are subject to stock, courier area and availability and demand. When the standard courier service is not available, we will deliver by an alternative carrier and this may take longer. Delivery times cannot be guaranteed. No delivery services are available on a bank holiday. Over our busy periods our standard delivery services may be affected, specific delivery details will be confirmed at the time of order.

6.2. Next Day Delivery Availability There are certain Geographic regions where next day delivery may not be available. We will endeavour to deliver your products within 2 days but this is not guaranteed and delivery may take longer in these areas.

Geographic regions where next day delivery may not be available can be found on the following link.

7. Our products

7.1. Product information, images and packaging. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website. Whilst we take care to ensure that product information displayed on our website is correct, it is not a substitute for reading the product packaging and label prior to use. Fabled is therefore unable to accept liability for any incorrect summary product information. If you have any specific question about the product, please contact [our Customer Service Team] or the manufacturer of the product whose contact details appear on the product label.

7.2. Your responsibility to inspect the products On receipt of delivery, please inspect the products and notify us promptly in writing, by phoning [our Customer Service Team] of any dissatisfaction with your order.

8. Changing or cancelling your order

8.1. If you wish to make a change to your order. Please contact us on 0330 123 0500 or email us at hello@fabled.com and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may cancel your order (see section 8.2.).

8.2. If you want to cancel your order before the contract is completed please contact us on 0330 123 0500 or email us at hello@fabled.com. A contract for products is completed when the product is delivered and paid for.

8.3. Ending the contract because of something we have done or are going to do. If you are ending the contract because we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed or there is a risk that supply of the products may be significantly delayed because of events outside our control or you have a legal right to end the contract because of something we have done wrong then the contract will end immediately and we will refund you in full for any products which have not been provided to you.

8.4. Ending the contract because what you have bought is faulty or misdescribed You may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), if a product is faulty or misdescribed. Please see section 11.5 for a summary of your legal rights if there is a problem with a product.

8.5. Exercising your right to change your mind (Consumer Contracts Regulations 2013). We will happily refund or exchange product(s) purchased in accordance with Fabled Returns Policy, provided you tell us within 14 days (beginning on the day after the day you receive the goods). You then have 14 days to return the product(s)Please see section 11.6 for a summary of your legal rights under the Consumer Contracts Regulations 2013.

8.6. We cannot refund or exchange certain products Unless there is something wrong with the product or it does not correspond with the description on Fabled.com, unfortunately, you do not have the right to change your mind and we cannot offer you a refund or an exchange in respect of some products including perishable products, made-to-order or products where the hygiene or security seal has been removed after you receive them. Please see our Returns Policy for more examples of products we cannot exchange or refund.

8.7. To end the contract with us, please let us know by calling us on 0330 123 0500, emailing us at hello@fabled.com or by printing off the form set out in our Returns Policy and sending it to us or simply writing to us at Aquarius House, Bessemer Road, Welwyn Garden City, Hertfordshire, AL7 1HH.

8.8. Returns All returns are completely free. For more information please see our full Returns Policy.

9. We may make changes these terms

9.1.We reserve the right to make changes to this website with or without notice to you in order to implement technical adjustments or withdraw, temporarily or permanently, this Website (or any part thereof). We also reserve the right to make changes to these terms. If you use or order products after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise Terms applicable to your site visit or purchase. To assist you in determining whether the Terms have changed since your most recent order we will display the date when these Terms were most recently updated.

10. Our right to cancel your order or close your account

10.1. We may cancel the contract or close your account, at any time by writing to you if: a) you do not make any payment to us when it is due and you still do not make payment after we have reminded you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, personal identification to confirm your identity or details of your delivery address or payment card;
c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
d) you do not, within a reasonable time, allow us access to your premises to supply and deliver the products; or
e) we suspect fraud, have reason to believe you are in breach of these Terms or any other terms relating to your order, or
f) breach of these Terms or any other terms relating to your order In the event that we cancel your order, you will receive email notification and will be invited to contact our Customer Service Team.

10.2. You must compensate us if you break the contract. If we cancel the contract or close your account in the situations set out in section 10.1 we will refund any money you have paid in advance for product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching these Terms.

11. Summary of your legal rights and our responsibility for loss or damage suffered by you

11.1. We are responsible to you for foreseeable loss and damage caused by us If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at sections 11.4-11.6.

11.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, included but not limited to loss of business, business interruption, or loss of business opportunity.

11.4. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with these Terms. Nothing in these Terms will affect your legal rights. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.

11.5. Your legal rights if there is a problem with a product.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) You have a legal right to cancel your contract with us, provided you exercise your right no longer than 14 days after the date of delivery of the products.
b) Your right to return products does not apply to:
1. Perishable products liable to deteriorate or expire rapidly;
2. Unsealed cosmetics, CDs, DVDs, tapes or other recording media, software or video;
3. Products made to your specification or personalised for you;
4. Products that become mixed inseparably with other items, after delivery.
c) You must retain possession of the goods and take reasonable care of them.
d) If you wish to exercise your right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, full address, details of the order you wish to cancel and, where available, your phone number and email address.
e) You can cancel by contacting our Customer Service Team by email: hello@fabled.com; or by telephone: 0330 123 0500; or by writing to: Aquarius House, Bessemer Road, Welwyn Garden City, Hertfordshire, AL7 1HH.
f) You are obliged to return the goods to us at your cost within 14 days of cancelling your contract and we will refund you the price you paid for the products including delivery costs (excluding the cost of any delivery above our standard delivery charges), by the method you used for payment.
g) We may make deductions from the price, for loss in value of products caused as a result of your unnecessary handling of the products.
h) We will refund you no later than 14 days after the date we receive back the product(s) from you or (if earlier) after the date you supply us evidence of having returned the product(s) back to us.

12. Your personal data and confidentiality of your account

12.1.We respect your privacy The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise. For example, although we will share your personal information with Ocado for the purposes of processing your order, we do not share your personal information with Ocado for the purposes of direct marketing. Any consent you give us is for marketing from Marie-Claire Beauty Limited only. For more information about this, and on how we use your personal information and who it is shared with, please see our Privacy & Cookies Policy

12.2. At the time of your registration you will receive a password Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.

13. Special offers promotions and competitions

13.1. Purchase of products maybe be subject to special offers. From time to time, and in our complete discretion, purchases of products may be subject to special offers. In the event that such a special offer applies to your purchase, the terms and conditions of such special offer shall be subject to these Terms. If there is any conflict between the terms and conditions of a special offer and these Terms, these Terms shall prevail unless specifically excluded.

13.2. If we make any changes. Where necessary for fair and lawful running of promotions and competitions, we may change the terms and conditions of special offers, or withdraw them altogether, at any time and without prior notice. Subject to section 4 Price and Payment, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.

13.3. Offers may vary. We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.

14. Suspension of your account

14.1 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
a) deal with technical or operational issues or make technical or operational changes;
b) update the product to reflect changes in relevant laws and regulatory requirements;
1. Perishable products liable to deteriorate or expire rapidly;
2. Unsealed cosmetics, CDs, DVDs, tapes or other recording media, software or video;
3. Products made to your specification or personalised for you;
4. Products that become mixed inseparably with other items, after delivery.
c) make changes to the product as requested by you or notified by us to you;
d) receive information which we have requested from you without which we would be unable to deliver the products.

14.2 Your rights if we suspend the supply of products. We will endeavour to ensure that the suspension is as short as possible but if the suspension is as a result of 15.1(d) then your account will remain suspended until you provide any information reasonably requested by our Customer Service Team advisers to enable them to reactivate your account. If we have to suspend the supply of a product, we will not charge you for it. You may contact us to cancel your order if we suspend it, or tell you we are going to suspend it.

14.3 We may also suspend supply of the products if you do not pay. We reserve the right to not supply you with any future orders, if you do not pay us for the products when you are supposed to and you still do not make payment after we have reminded you that payment is due. We may suspend supply of products until you have paid us the outstanding amounts. We will contact you to tell you we have suspended your account and will not be accepting any orders from you. We will not suspend the products where you dispute an unpaid invoice. We will not charge you for any products during the period for which they are suspended.

15. Other important terms

15.1. Our copyright and intellectual property. All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through Fabled.com, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the Fabled.com website without Fabled's prior written permission. Fabled may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the Fabled.com website.

15.2. Third party links. From time to time, we may provide links to other websites or resources for you to access at your sole discretion. If you chose to enter the linked website, please be aware of the following: a) we are do not endorse or check the linked websites to make sure that it is suitable for your use or that it does not violate any applicable laws, regulations, guidance or legislations; and b) we are not responsible or liable, directly or indirectly, for any damage, loss or offence caused or alleged to be caused as a result of your use of the linked website.

15.3. Nobody else has any rights under these Terms. These Terms are between you and us. No other person or party shall have any rights to enforce any of these Terms.

15.4. If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of these Terms are unlawful, the remaining Terms will remain in full force and effect.

15.5. Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6. Laws that apply to these Terms and where you may bring legal action. These Terms are governed by English law and you can bring legal action in respect of the products in the English courts..

16. Price Match Events

16.1. We will price match against the promotional prices of our Competitors, John Lewis and Feel Unique, on all identical branded products during the price matching events that we run from time to time, as advertised on our website.

During such price matching events, we check prices every day, Monday to Thursday, and publish our matched prices on the following day. For example, when we check prices on a Tuesday, we will publish our matched prices the next day, i.e. on Wednesday during the same week and when we check prices on a Thursday, we will publish our matched prices the next day, i.e. on Friday during the same week.

Our advertised prices are therefore not updated every day, so if our Competitors lower their prices before we have had a chance to update our advertised prices, we would be happy to honor the difference. If you have any queries please contact our Customer Service Team via email, telephone, live chat or through Facebook, Twitter or Instagram.

16.2. In store vs. online price. Here at Fabled, we constantly review prices ensuring that we can offer the very best in beauty at fair prices. If you’re shopping in store and notice something cheaper at www.fabled.com, we’ll happily refund the difference. We will match the live price offered at www.fabled.com on all identical products.

Our advertised prices are not updated automatically in store and on occasions the Fabled website may be showing a lower price on some products. If this is the case we are happy to honour the difference at time of purchase. When shopping in store, please speak to a member of staff for more details.

We reserve the right to amend the terms of the price match at our complete discretion. We may refuse to match the price of any products we believe are priced in error at www.fabled.com.

17. Voucher exclusions

17.1. Some products and services are excluded from our voucher promotions, Unless otherwise stated, all vouchers online and in store currently exclude discounted products, and also the following brands: Aramis, BKR, Bobbi Brown, Cult 51, Darphin, DKNY, Donna Karan, Ermenegildo Zegna, Gold Collagen, Jason, La Mer, Maskeraide, Michael Kors, The Ordinary. This list may be subject to change..

18. Master classes at the Fabled Store

18.1 Attendance at a Fabled Master Class. is £20 per person which can then be redeemed against any makeup product purchased at the Fabled Store, Tottenham Court Road, W1T 1BJ during or immediately following the Class. Please note if no qualifying purchase is made, the £20 fee will not be refunded. Booking is required and can be made over the phone or in store. £20 pre-payment must be made in store before the class. Subject to availability, the class is held at the store address stated above. Each class will last approximately an hour. Participants must be aged 16 or over, unless accompanied by a parent or guardian. Proof of age may be required. Fabled reserves the right to retain £20 class fee if less than 48 hours notice is given of a cancellation. Fabled reserves the right to cancel a class due to issues outside its control, in which case we will contact you as soon as possible and refund you your £20 fee.

19. Fabled Rewards

19.1 Fabled Rewards Scheme We no longer operate a Fabled Rewards Scheme. If you are an existing customer and a member of the scheme please ensure that you redeem all points you have accrued prior to 31st December 2019, as after this date you will no longer be able to redeem your points against products. .