Terms & Conditions
We would like to familiarise you below with our standard terms and conditions, which govern how we process and settle your purchases.
In these Terms:
“Website” means Our website at www.phabulus.com
“Goods” means the goods which We will supply to You in accordance with these Terms and Conditions.
“Order” means an order which You place with Us detailing the Goods You wish to buy from Us.
“We/Us/Our” means Phabulus.
“You/Your” means you, the person using Our Website and/or buying Goods from Us.
About this Website
This Website is aimed at consumers. The information on this Website is in English, all communications will be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell Our Goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.
Our Rights in the Website
The copyright and other ownership rights (known as “intellectual property rights”) in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not (nor allow anyone else to) publish, copy, distribute or modify any of the content of this. Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business-related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos or brand names that appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
We may use any information that You upload to the Website as We decide and We may also disclose that information to third parties.
We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information that is accurate and up to date, we do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information that We provide is not intended to be advice You should rely on. The information contained on this Website is provided on an “AS IS” basis. To the fullest extent which the law allows, we exclude all warranties and representations of any kind with respect to this Website and its contents.
We may change, remove or adapt the content of Our Website at any time and without advance notice.
We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
We do not guarantee that this Website will always be available or be free from error, virus or similar.
We are under a legal duty to supply Goods that are in conformity with the Contract and we aim to ensure that the product images on Our Website are as accurate as possible, but there may be slight colour variations between the Goods and the images shown online.
How you must use this website
Submissions or comments by You that are in any way defamatory, abusive, obscene, unlawful, sexist, racist or may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person, including but not limited to other users of this Website.
All information that You submit should be accurate, truthful and should not be copied.
You must use Your own identity at all times when using the Website and should ensure that all information You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person, except if You have their permission to do so.
You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
We will not be liable for any loss or damage that You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
We may refuse access to this Website to anyone who does not comply with these Terms.
Our Agreement for the Sale of Goods and the Ordering Process
The Website displays Goods that are advertised for sale, and gives information about them. By advertising Goods on the Website, we are inviting You to place an Order with Us. If You place an Order, we are not obliged to accept that Order. The Contract between You and Us will only be formed and completed upon actual despatch of the Goods to You (Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order). You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website. Each Order You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
Any variation of the Contract by You must be expressly agreed between You and Us.
The following paragraphs explain the process that You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery.
Step 1 – Choosing Your Goods
You can select a product for purchase by clicking on the item that You are interested in, and then clicking on “Add to Basket”.
Step 2 –Reviewing Your Basket
You can review the Goods that You have added to Your basket. You can change the contents of Your basket by amending the quantity of Goods You want to order (which may be subject to a maximum number of Goods, per size from time to time), removing any unwanted Goods by clicking ‘Remove’ and viewing the basket total value. You can also enter any promotional code that You may have. Entering a valid promotional code and clicking ‘Redeem’ will update the basket total. You can then continue shopping and adding to Your basket if You wish or if You don’t want to buy anything else, go straight to the next step.
Step 3 – Going to Checkout
Once You have finished shopping, You can proceed to Checkout by clicking on “Checkout Securely” or by hovering over the basket icon in the top right hand corner of the page and then clicking “Checkout”.
Step 4 – Customer registration
You will then be asked whether You are a guest or an existing customer. To register as a guest customer, You will be asked to provide Your e-mail address. We will then store that information for the purposes of processing Your Order, but it will not be recognised next time You visit the Website. Existing customers will be asked for a password and e-mail address to login, each time an Order is placed. Alternatively, You have the option to pay with PayPal at this stage by clicking on the PayPal link.
Step 5 – Completing Your Address and Delivery Details
If You are a guest Customer, You will be given a list of delivery options. Once You have chosen Your option, You will be asked to enter Your chosen delivery address or a town or postcode to find Your nearest collection point. If You are an existing Customer, You will be shown a list of any delivery addresses You have previously entered. You will have the option of selecting the same address for Your billing address. Alternatively, on the next screen You can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay or failure of delivery as a result of Your failure to provide accurate address details.
Step 6 – Your Order Summary and Payment Information
You will then need to choose Your payment method and enter Your payment details. Please check this information very carefully. You will then be given the option to save such details for Your next visit. If You are an existing customer and you have previously saved Your payment details, they will appear here. Your Order summary page will then appear in the right hand corner. This includes details of the Goods in Your Order. You should check the details carefully at this stage, as this is the final stage in the Order process at which You can correct any mistakes or change the Goods that You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order, click “Place Order & Pay”.
Step 7 – Placing Your Order
By clicking on “Place Order & Pay”, You are confirming that You have read, understood and accepted these Terms. At this point Your Order will be submitted to Us.
Step 8 – Order Acknowledgement
Once We have received confirmation that Your payment has been authorised, a screen will appear thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. You may print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, our acceptance of Your Order (regardless of the content of any emails we send you) will only take place on despatch of Your Order.
We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so. This may include circumstances where:
We are unable to obtain authorised payment or the payment process is incomplete; or
We identify a product or pricing error on the Website; or
You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
We suspect that Your Order is related to fraudulent activity; or
You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
Goods are unavailable or out of stock
We may contact You by phone or email to verify details before We are able to process and despatch Your Order, or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We will not be liable for any losses related to Your use of the Goods in the course of a business such as, lost profits, loss of business or business interruption. We reserve the right to limit the total value of Goods that can be included in an Order. If the total value of Goods in Your bag exceeds the limit that We may choose from time to time, then We will contact You and We reserve the right to cancel any bulk orders.
Certain Goods will be delivered direct from some of our brand partners (“Brand Partner Orders”). You will be notified that Your Order is a Brand Partner Order either at the point of purchase or on despatch of the Goods. When Your Order is a Brand Partner Order, the contract for the sale of the Goods will remain between You and Us but all despatch and returns are directly from and to the brand partner. Promotions, discounts and Gift Card purchases are unavailable on Brand Partner Orders. If you have an item being shipped from PHABULUS in your basket as well you will be able to select a different delivery method for this item.
Price and Payment
Prices and delivery charges are as published on the Website when We accept Your Order. We take all reasonable care to ensure that the price of the items indicated to You is correct, but We may amend prices at any time.
Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
We must receive payment for the Goods and any delivery charges in full, cleared payment before they are despatched.
We accept payment via PayPal and most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, you confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks, as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept Your Order and We will not be liable for any delay or non-delivery.
Your card provider may charge You for using Your card. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
If We do not have sufficient stock of Goods, we will notify You by e-mail or phone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of Your Order. We will not be responsible for any compensation if the Goods that You order are not available for any reason.
We will not be in any way responsible to you for a failure to sell goods that you wish to buy; for a failure to comply with our obligations under the contract; or for costs or liabilities which you incur as a result of any circumstances beyond our reasonable control – including but not limited to any act of God, flood, fire, trade dispute, lack of third-party materials and services, or terrorist acts.
We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Contract will remain subject to the version of the Terms that were in place at the time when You placed Your Order, subject to any changes expressly agreed between You and Us.