Fabletics Terms of Service, Use and Purchase
Welcome to Fabletics! This Web site located at www.fabletics.ca (this "Site") is owned and operated by Just Fabulous, Inc. ("Company"). This Site and any purchases made through this Site are governed by the terms of service, use and purchase described below ("Terms"). By using this Site, purchasing items through this Site, and/or enrolling in our Fabletics VIP Membership Program (which includes a monthly, automatic purchase feature as described below), you agree to be bound by these terms, so please review this entire page carefully. These Terms are designed to clearly provide you with a description of the Fabletics VIP Membership Program and general terms and conditions regarding purchasing products from Fabletics and use of this Site.
You must be at least 18 years old to purchase Fabletics products from this Site or to use Fabletics' services. The Company reserves the right in its discretion to revise the Terms from time to time, so please check back here periodically for updates. By continuing to use or purchase products from this Site and/or by remaining a member of the Fabletics VIP Membership Program, you accept and agree to the Company's right to revise the Terms from time to time and to be bound by such changes, so long as they are promptly posted on the Site or emailed to the email account we have on record for you. If you do not wish to be bound to these Terms (or any revisions to these Terms), please do not use this Site or the Company's services and immediately cancel your Fabletics VIP Membership by calling one of our customer service representatives at 1-844-833-6220.
Fabletics provides a monthly membership program that grants you access to style experts and the latest athleticwear trends. To get started, simply take our Style Personality Quiz. Next, you must register and create a member account through this Site ("Account"). After you have successfully created an Account, you will have the option to select your favorite item(s) from the 'My Outfits' section of your Account ("Outfits"). There is no registration fee and no obligation to purchase. Our Fabletics style experts will continue to determine which athleticwear Outfits best match your workouts and style.
VIP MEMBERSHIP PROGRAM
To become a Fabletics VIP Member, simply purchase any Fabletics item on this Site and keep the VIP Membership box checked on the checkout page to enroll (including the monthly, automatic purchase feature). As a Fabletics VIP Member, our experts will send you a customized selection of Fabletics items on the 1st day of every month. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience.
HOW VIP MEMBERSHIP WORKS
As a Fabletics VIP Member, you will be required to take action by the 5th day of every month by selecting one of the Monthly Options described below. These options can be selected through your online account or by calling customer service at 1-844-833-6220. You may also cancel your Fabletics VIP Membership at any time.
If you do not select the 'Skip This Month' option, select an item for purchase or cancel your membership by the 5th day of the month, your credit card will be billed $49.95 for that month and you will receive a Fabletics credit that can be redeemed toward the purchase of any Fabletics item in any future month.
All items come with a 30-day return/exchange policy
VIP MEMBER PERKS - VIP PRICING
As a Fabletics VIP Member, you will be able to purchase Fabletics Outfits starting at $49.95, including, but not limited to a pre-determined combination of, tops, sports bras, pants, shorts, athleticwear accessories and other items. The site also offers a range of products, including, but not limited to, tops, sports bras, shorts and more for less than $49.95. In order to bring you this fabulous pricing, we must charge a $4.95 shipping fee for all orders under $49.95, after applicable discounts. For all orders $49.95 or over, shipping is always free.
In addition, the site will occasionally collaborate with premier trendsetting partners to offer specialty items at exclusive members-only prices. In order to bring you the most fabulous fashion trends which are not offered anywhere else, these exclusive specialty items may be offered at prices above $49.95.
You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience.
MORE REGARDING YOUR VIP MEMBERSHIP PROGRAM MONTHLY OPTIONS
Depending on your mood, as a Fabletics VIP Member, you will have the following options each month:
1. 'Send Me Styles.' Pick your monthly selection by the 5th day of the month. We will ship it immediately (stock permitting). You may purchase additional items as well.
2. 'Skip This Month'. There is no obligation to select and buy an item each month. You may select to 'Skip This Month' from the 1st day of the month until the 5th day of the month. Should you decide not to select an item for any given month, simply select the 'Skip This Month' option by the 5th day of the month and you will not be charged that month. If you do not select the 'Skip This Month' option by the 5th day of the month, you will be charged $49.95 and you will receive one Fabletics credit. Each Fabletics credit can be redeemed toward the purchase of any item on the site. If your purchase is more than $49.95, simply pay the difference with your credit/debit card. If your purchase is less than $49.95, the balance will be applied to your account as store credit. Even if you decide to 'Skip This Month', you may return to your Outfits at any time to make a selection.
You may cancel your Fabletics VIP Membership Account at any time. If you wish to cancel your Account, simply call our Fabletics Consultants at 1-844-833-6220, Every Day, 24 hours a day. There is no cancellation fee. Please be advised that an account may only be canceled by the registered Fabletics VIP Member.
Credits cannot be used to pay your initial monthly purchase fee. Credits can only be used toward purchasing additional items. If you have multiple credits, you may redeem them together or separately, in a single month or gradually over time. Credits have no cash value and can only be redeemed toward purchasing an item. You can also gain credits by returning an order for a credit.
Shipping and handling charges are based on your subtotal order amount, calculated after applicable discounts and before sales tax. Rates are calculated as follows:
Puerto Rico, APO
|$49.95 and over
4-9 Business Days
7-10 Business Days
||$4.95 Flat Rate
4-9 Business Days
7-10 Business Days
Puerto Rico, APO
|$49.95 and over
2-3 Business Days
2-3 Business Days
*All delivery times above are based on average in-transit time. Orders shipped to Canada, P.O. Boxes and APOs/FPOs do not qualify for Rush Shipping.
As soon as your order ships, you will be provided with a tracking number via email. You can also find your order details and tracking information on the Order History tab within the My Account section.
RETURNS & EXCHANGES
If for any reason you are not happy with your selection, you can exchange an item for another item, or return it for a credit or refund, subject to the following terms and limitations.
You can exchange your VIP monthly selection for another item, or return it for a credit or a refund. You can exchange any additional items purchased in a given month, or return it/them for a credit or a refund, unless you acquired it/them with a Fabletics credit. Any items acquired with a Fabletics credit can only be exchanged or returned for a Fabletics credit.
We only accept returns or exchanges up to 30 days from the original date of shipment. Any item to be returned or exchanged must be in new, unused and resalable condition. Any exchange or return should be sent back in the original, undamaged box and packaging, plus any accessories or extras that may have been included with the shipment.
To make a return or exchange, please follow these steps:
• Obtain a Return Merchandise Authorization (RMA) number. This allows us to process your return. You can obtain a RMA number by calling our Fabletics Consultants by dialing our toll free number at 1-844-833-6220. Our Fabletics Consultants will email you our pre-paid return shipping label. Alternatively, you can obtain a RMA number online by clicking on the link in the 'Order History' section in your Account.
• Send the item back in the original, undamaged box and packaging.
• Attach the pre-paid return shipping label to your shipment and drop it off at any USPS or FedEx location.
Fabletics is required by law to collect sales tax on orders shipped to California, Kentucky and North Carolina. If your order is shipping to any of these states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation.
YOUR USE OF THIS SITE
Your use of this Site for any illegal or unauthorized purpose is expressly prohibited. In consideration of your use of this Site, you agree to provide true and accurate information about yourself when creating an Account, and update your Account from time to time to keep it accurate. If you provide, or the Company has reasonable grounds to suspect that you have provided, information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend and refuse any and all current or future access by you to this Site or any portion thereof. Furthermore, if the Company has any reason to believe that you may be creating fraudulent accounts or engaging in any deceptive behavior while using this Site, the Company may suspend and refuse any and all current or future access by you to this Site or any portion thereof and may also refuse to honor any credits or other earned benefits.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, this Site or any part thereof with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or any part thereof. The following sections shall survive any termination of these Terms: "Copyright," "Indemnification," "Disclaimer of Warranties; Limitation of Liability," "Disputes and Dispute Resolution" (including all subsections) and "General."
This Site may be linked to other Web sites. You acknowledge and agree that the Company is not responsible for the availability of such external Web sites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such Web sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Web site.
Unless otherwise indicated, this Site and all content contained therein, including but not limited to text, photographs, images, icons, graphics, trademarks, trade names, logos and software ("Content"), is owned by the Company and protected by applicable law. You agree not to copy, publish, use, display, transmit, modify, transfer, sell, reformat, distribute, create derivative works from, or in any way exploit the Content without the Company's prior written approval. In addition, any mechanized or systematic processes for harvesting information from this Site for any purpose is prohibited. Nothing contained in or on this Site should be construed as granting any license or right, by implication or otherwise, to use any of the Content at any time.
Copyright 2010-13 Just Fabulous, Inc. Copyright Fabletics 2013. All rights reserved.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Site by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. The Company shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Site is in compliance with these Terms. You further acknowledge and accept that the Company shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to the Site, which is defined as a matching and current member sign-in and user password. You shall notify the Company immediately of any unauthorized access to your Account or any other unauthorized use of the Site.
You agree that the Company may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which the Company believes is harmful to this Site or its business interests. You agree that any termination, limitation of access and/or suspension shall be made in the Company's sole discretion and that the Company shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through this Site by you or any other person accessing the Site using your Account; (b) the use of, or connection to, this Site by you or any other person accessing the Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
DISPUTES AND DISPUTE RESOLUTION
Use of this Site, membership in the Fabletics VIP Membership Program, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the Site, Fabletics VIP Membership Program and/or your Account, or products purchased through the Site shall be governed by the laws of the your home state of residence without respect to its choice (or conflict) of laws rules.
Both you and the Company waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the Fabletics VIP Membership Program and/or your Account, or products purchased through the Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms provide for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or the Company shall send a letter to the other side briefly summarizing the claim and the request for relief. If the Company is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Just Fabulous, Inc., Attn: General Counsel, 2301 Rosecrans Avenue, 10th Floor, El Segundo, California 90245. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of this Site, membership in the Fabletics VIP Membership Program, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the Fabletics VIP Membership Program, or products purchased through the Site shall be resolved by final and binding arbitration.
The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.
If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000. If your filing fee is more than $125, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $125 base fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of the Company's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then the Company will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and the Company waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of setting up your Account, you must send a letter to Just Fabulous, Inc., c/o Legal Department, 2301 Rosecrans Avenue, 10th Floor, El Segundo, California 90245 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms to the contrary, we agree that, if the Company makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Company's address), you may reject any such change by sending a letter to the Company within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of the Company's right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. If any provision of these Terms is found by a court of competent jurisdiction, statute, rule or otherwise to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.
Except where otherwise specified, the Company may deliver notice to you by means of electronic mail, a general notice on the Site or by other reliable method.
Updated October 14, 2013