Terms & Conditions - Fabio The Cat | Modern Cat Furniture

Last Reviewed: March 06, 2022

Welcome to the fabiothecat.com Website (the “Site”). This page provides information on:

1.The Terms and Conditions on which we sell and supply our products to you via the Site, including how to place and amend orders online and how to cancel your contract, request a refund or exchange a product purchased (“Terms of Sale”); and

2.The Terms and Conditions on which you can use the Site (“Terms of Use”);

The Terms of Sale and the Terms of Use are collectively referred to as ”Terms and Conditions”;

Full details of how we collect, hold and process your personally identifiable information are set out in our Privacy Policy.

Please read these Terms and Conditions carefully before using the Site and placing an order. By using the Site and/or placing an order for products from us, you signify that you are 18 years or older and that you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site or place an order.

We reserve the right to update or modify these Terms and Conditions, including the Privacy Policy and Cookie Policy, at any time without prior notice. Your use of the Site or placing an order following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

INFORMATION ABOUT US

The Site is operated by NECO HOLDINGS Ltd., a company registered in England and Wales (company number: 13401059) and trading as “Fabio The Cat”, “we”, “us”, “our”). Our registered office address is 16A Cross Green, Rothley, Leicestershire LE7 7PF and our main trading address is 25 Castlegate Avenue, Birstall, Leicestershire LE4 3FD, United Kingdom. For any customer services queries, please either write to us at: 25 Castlegate Avenue, Birstall, Leicestershire LE4 3FD, or email our Customer Services team at meow@fabiothecat.com

Terms of Sale

All sales of products made via the Site will be on the basis of these Terms of Sale.

Placing orders
Product availability
Pricing and payment
Delivery
Returns
Warranties and disclaimers
Our liability
Promotional codes
General

1.Placing orders

Please note that you must be 18 years or older to purchase products from the Site. By placing an order for products on the Site, you confirm and warrant that you are aged 18 years or older.

2.Product availability

We try to be as specific as possible on the Site about products and product availability and the product description.

If you have ordered a product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the product is due to be back in stock and available for despatch to you (Please note – some items may not be back in stock and dates are subject to change). Alternatively, you will be entitled to cancel your order and receive a refund from us (if your card/PayPal account has already been charged). In all other circumstances where you are not fully satisfied with your purchase, you may return it for a refund in accordance with our Return Policy.

Please note that the information provided about products on the Site is for information purposes only. Please make sure you read all labels, warnings and directions provided with the product before use.

3.Pricing and payment

The price of products is quoted on the Site in GBP (£) and includes VAT, (where applicable). Prices quoted exclude delivery costs

Please see our Delivery Policy for delivery costs by destination and item type. Delivery costs include VAT (where applicable). Products that are shipped to countries outside of the UK may be subject to taxes, brokerage fees, customs duties and import fees levied by the destination country.

Despite our best efforts, some products may be listed at an incorrect price due to a typographical error or systems error. We reserve the right to review and change product prices on the Site at any time without notice and we reserve the right to refuse or cancel any orders placed for products listed at an incorrect price

4.Delivery

Please see our Delivery Policy for delivery costs by destination and item type.

5.Returns

Please read our Return Policy which details how to return unsuitable items for a refund.

6.Warranties and disclaimers

If you are purchasing products, unless specific warranties are expressly given when you purchase products from our site (for example, a manufacturer’s warranty), we do not give any warranties or guarantees in respect of such products over and above those implied by applicable law (these include, for example, that the products are of satisfactory quality). We remain responsible, however, for supplying products that conform to the contract.

7.Our liability

There are certain liabilities which cannot be excluded by law and nothing in these Terms of Sale limits our liability for these, including for personal injury or death caused by our negligence or for fraud. Also, nothing in these Terms of Sale limits your statutory rights if you are contracting with us as a consumer, including your right to a replacement or repair where products supplied are not of satisfactory quality.

Subject to the above, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms of sale (for example, if the loss or damage was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract). In any event, we are not liable for: (1) any losses, howsoever arising, related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption; or (2) any special or indirect loss or damage, howsoever arising, unless that loss or damage is foreseeable to both of us at the time we entered into a contract.

8.Promotional codes

Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. If you have more than one promotional code and the codes cannot be combined, it is up to you to use the promotional code that has the biggest benefit to you.

9.General

Only you and we shall have any rights to enforce any term of the contract formed between us. To the maximum extent permitted by local laws, these Terms of Sale, and any dispute or claim arising out of or in connection with these Terms of Sale (including non-contractual disputes or claims), shall be governed by English law. The courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Sale or their subject matter.

Terms of Use

Your use of the Site is subject to these Terms of Use.

Usage restrictions; intellectual property
User comments, feedback and reviews
Correction of errors and inaccuracies
Termination
Privacy Policy
Enforcement of terms of use
Use of site
Third-party links
Events beyond our control
Liability for purchased products, waiver, and statutory consumer rights
Limitation of liability
Applicable legislation and jurisdiction
Sales Promotion
Contact Us

1. Usage restrictions; intellectual property

All of the content on the Site, including, for example, all of the page headers, images, video clips, and text are subject to trademark, copyright and/or other intellectual property rights or licenses held by us, one of suppliers or by third parties who have licensed their materials to us.

The content of the Site, and the Site as a whole, is intended solely for the personal, non-commercial use by the users of our Site. Any use of the website or it’s contents including copying and storing images and reusing design and graphics without prior permission is prohibited. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Please note that you must be 18 years or older to create an account on this Site.

Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining our written permission.

2. User comments, feedback and reviews

All comments, feedback, reviews, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, shall be and remain our property and we shall not be limited in any way in our use, commercial or otherwise, of any Comments. To the extent permitted by applicable law, you waive your moral rights in any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You are and shall remain solely responsible for the content of any comments you make.

3. Correction of errors and inaccuracies

3.1. Price and Information. While Fabio The Cat strives to provide accurate product and pricing information, pricing or typographical errors may occur. Fabio The Cat cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Fabio The Cat shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service at meow@fabiothecat.com to correct the error.

3.2 Colors. We have made every effort to display, as accurately as possible, the colors of our products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

4. Termination

These Terms of Use are applicable to you upon your accessing the site. These Terms of Use, or any of them (and thereby your right to access and use the Site), may be terminated by us without notice at any time for any reason. You may terminate these Terms of Use at any time for any reason by ceasing use of the Site and/or your account on the Site (if applicable); however termination by you or us of these Terms of Use for any reason will not affect the application and enforceability of the Terms of Sale in relation to any order you have placed for product(s) via the Site.

The provisions relating to Intellectual Property, Disclaimer, Limitation of Liability, Indemnification and Enforcement, shall survive any termination.

5. Privacy Policy

When you use our Services and place orders through them, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary

We respect your right to privacy. To see how we collect and use your personal information, including how to unsubscribe from non-transactional communications from us, please see our Privacy Policy.

6. Enforcement of terms of use

These Terms of Use, and any dispute or claim arising out of or in connection with these Terms of Use (including non-contractual disputes or claims), shall be governed by English law. The courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter.

7. Use of site

Harassment in any manner or form, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an Neco Holdings Ltd. employee, host, or representative as well as other members or visitors on the Site is prohibited.

8. Third party links

In an attempt to provide increased value to our visitors, we may choose various third-party web sites to link to from the Site. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

9. Events beyond our control

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

Strike, lockout or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Terms or other contracts despite the situation of Force Majeure.

10. Liability for purchased products, waiver, and statutory consumer rights

10.1 Fabio The Cat Liability. Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:

in case of death or personal harm caused by our negligence;
in case of fraud or fraudulent deceit; or
in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

10.2 Waiver of Liability. Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:

loss of income or sales;
operating loss;
loss of profits or contracts;
loss of forecast savings;
loss of data; and
loss of business or management time.

10.3 Warranties. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided “as is”, with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.

11. Limitation of liability

Please read this section carefully since it limits the liability of Fabio The Cat to you.

By using the services provided by Fabio The Cat, you hereby acknowledge that we are providing the services, on an “as is” and “as available” basis, without warranty of any kind, express or implied. Without limiting the foregoing, Fabio The Cat expressly disclaims any and all warranties and conditions of merchantability, title, accuracy, completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or trade usage.
We make no promises with respect to, and expressly disclaim all liability for: (1) products, services, information, programming, and/or anything else provided by a third party that is accessible to you through the services; or (2) the quality or conduct of any third party you encounter in connection with your use of the services.
You agree that to the maximum extent permitted by law, Fabio The Cat will not be liable to you under any theory of liability. without limiting the foregoing, you agree that, to the maximum extent permitted by law, Fabio The Cat entities will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if foreseeable) arising out of or in any way connected with your use of, or inability to use, the services.

(4) Your sole remedy for dissatisfaction with the services is to cease use of the services.

Some jurisdictions do not allow limitations on implied warranties or exclusions of liability for certain types of damages. As a result, the above limitations and exclusions may not apply to you in whole or in part.

12. Applicable legislation and jurisdiction

The use of our website and the product purchase contracts through said website shall be governed by the law of UK. If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognized in any applicable legislation in this area.

13. Sales Promotion

Occasionally we run promotions. Promotions are only valid on full price products.

14. Contact Us

We welcome your questions and comments about our privacy practices or these terms.

We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. If you need to contact us, send an email at meow@fabiothecat.com.