Please read these terms and conditions carefully before using the Site. By using the Site you agree to be bound by them. If you don't expressly accept these terms and conditions, you won't be able to register as a Site user, purchase Products or become a VIP Member.
We operate the Site. We are Fabletics Ltd, a company registered in England and Wales under company number 08097376 and with our registered office at 25 Wilton Road, London SW1V 1LW ("we","us" or "Fabletics").
We will perform our obligations under these terms and conditions with reasonable skill and care. We place great value on your satisfaction. You may contact us in writing at the address above, by sending an email to [email protected], or by calling us on 020 3695 3831 (local rate).
By placing an order through the Site or by becoming a VIP Member you warrant that:
We process information about you in accordance with our » Privacy Notice. By using the Site you consent to such processing and you warrant that all data provided by you is accurate.
After placing an order for a Product you will receive an email from us acknowledging that we have received your order. Your order is an offer to us to purchase Products. If you select the VIP option when placing your order, your order is also an application to become a VIP Member. All orders and VIP Membership applications are subject to acceptance by us. We will confirm our acceptance by sending you an email confirming that the Product has been dispatched ("Confirmation Receipt"). Please note, the Product purchase contract and, if applicable, VIP Membership contract between us will only be formed when we send you a Confirmation Receipt.
Fabletics offers an optional, flexible membership programme that grants you access to style experts and the latest active-lifestyle trends, as well as access to the Fabletics Fitness App. To get started, simply take our Lifestyle Quiz. Next, you must create and register a Site user account ("Account"). After you have successfully created an Account, you will be able to purchase Products. There is no Account registration fee, or any other fee, and no obligation to purchase. You will not become a VIP Member simply by registering an Account.
To become a VIP Member, purchase any Product and select the "VIP Member" pricing option offered at checkout. On completion of your purchase in accordance with clause 4 you will become a VIP Member. There is no registration fee, or any other fee, for VIP Members. As a VIP Member, our experts will send you by email a customised list of selected Products on the 1st day of every month ("Selection"). If you tell us you're happy for us to do so, we'll also send you emails, newsletters, special offers and other updates, all free of charge, to maximise your shopping experience.
The obligations associated with VIP Membership, including details of the circumstances in which you, as a VIP Member, will be charged the Credit Amount (as defined in clause 11.2) for a Credit are set out in clause 6. Each Credit Amount charged to you will be credited to your Account in the form of one Credit. Credits may only be redeemed by purchasing Products.
As a VIP Member, you have the option to purchase Products by redeeming your Credits. You may also purchase Products using other means of payment.
With your Fabletics VIP Membership, you may access the Fabletics Fitness App available at the Apple App Store. Access to the Fabletics Fitness App is contingent on maintaining an active VIP Membership. If you cancel your VIP Membership or your VIP Membership is terminated for any reason, you will no longer be able to use the services offered on the Apps. To use or access the Services through the Fabletics Fitness App, you will need a supported mobile device with adequate software. Fabletics cannot guarantee the Fabletics Fitness App will be compatible with, or available on, your device. It is your responsibility to ensure your mobile device’s functionality. Further, your mobile phone company’s normal messaging, data, and other rates and fees will still apply and you shall be responsible for any such charges. Please check with your Internet or mobile phone provider for information on possible data usage charges.
By downloading or using the Fabletics Fitness App, you expressly agree we may communicate with you regarding transactions you have initiated on the Services or respond to your communications to us through the Services by SMS, MMS, text message or other electronic means directed to your device and that certain information about your usage of the Fabletics Fitness App may be communicated to us automatically from your device. Fabletics will not send you direct marketing messages without your prior express consent and you can opt out of receiving any marketing messages at any time. In addition, Fabletics may require you to accept updates to the Fabletics Fitness App that you have installed on your mobile device. You acknowledge and agree that Fabletics may update the Apps and the Services without notification to you.
Fabletics hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to: (1) access and use the Fabletics Services and related content; (2) access and use the software and the Fabletics Fitness App downloaded directly from a legitimate marketplace solely for your personal use for lawful purposes. With respect to any open source code or software that may be incorporated in the Fabletics Fitness App, your license shall be subject to such open source or third-party license, if any, authorizing use of such code.
The following terms apply to the third-party platform from which you accessed or downloaded the Fabletics Fitness App, e.g., the Apple App Store (“App Store”). You acknowledge that this Agreement is between you and Fabletics and not with the App Store. Fabletics, not the App Store, is solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto.
NOT MEDICAL ADVICE
You expressly acknowledge and agree that Fabletics is not providing medical advice via the Services. All content provided through the Services, whether provided by Fabletics or third parties including from any personal trainers, shall not be used as a substitute for professional medical consultation, advice, diagnosis or treatment from a physician or other healthcare professional. You should consult with your physician or other healthcare professional before engaging in any physical activity, exercise program or making any dietary changes. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional.
To the extent permitted by applicable law, Fabletics is not responsible for any health problems, injuries or damages that may result from your use of, or inability to use, the Fabletics Services, which includes but is not limited to, any training programs, activities, dietary recommendations, consultations, products, events or other information you learn through the Fabletics Services. Do not ignore or delay in obtaining professional medical advice or treatment because of information accessed through the Site, the Fabletics Fitness App or Services. If think you are experiencing a medical emergency, stop using the Fabletics Service and immediately contact a medical professional or your local emergency services.
Fabletics does not guarantee any results in connection with the Services.
You may cancel your Fabletics VIP membership at any time. There is no cancellation fee. You can cancel your VIP membership online by visiting "My VIP" account page or by contacting us via phone or live chat. You can also send us a cancellation letter to Fabletics Ltd., 25 Wilton Road, London SW1V 1LW to cancel your VIP membership.
VIP Members are required to take action by the 5th day of every month. If you do not want to be charged the Credit Amount for a month, you will need to select the option to "Skip This Month". This option may be selected through your Account or by calling us on 020 3695 3831 (local rate). There is no obligation to purchase a Product each month. If you decide not to purchase a Product in any given month, simply select the "Skip This Month" option by the 5th day of the month and you will not be charged the Credit Amount that month.
IF YOU TAKE NO ACTION BY THE 5TH DAY OF THE MONTH, ON THE NEXT DAY OR SHORTLY AFTER WE WILL CHARGE THE CREDIT AMOUNT TO THE PAYMENT INSTRUMENT ASSOCIATED WITH YOUR ACCOUNT, AND YOU WILL RECEIVE ONE CREDIT.
If you have not skipped in a month, we will debit your specified means of payment with the VIP membership fee in the amount of £59.99. You will then be credited with a Credit on your user account. This Credit is an electronically available means of payment for articles on the Fabletics Site. Credit does not have a cash value.
The amount of the Credit will be debited from the registered payment method in accordance with article 11.6.
You may receive Credits by returning a Product for a Credit, as described in clause 12. For more information on how you can use your Credits to make a purchase at Fabletics, feel free to look » here.
You are solely responsible for maintaining the confidentiality of your Account, for all activities occurring through your Account and for all access to and use of the Site by anyone using your Account, whether or not such activities and access are actually authorised by you, including but not limited to all communications, transactions and obligations. We will not be liable or responsible for any loss or damage arising from any unauthorised use, access or any other breach of security of your Account, including but not limited to your Account password and email address. You acknowledge and accept that your use of the Site is in compliance with these terms and conditions. You further acknowledge and accept that we will have no obligation to investigate the authorisation or source of any Account activity, including purchase activity following a proper login to the Site, which is identified by a matching and current Account sign-in and password. You will notify us immediately of any unauthorised access to your Account or any other unauthorised use of the Site.
We may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following:
As soon as your order is dispatched, you will be provided with a tracking number via email. You may also find your order details and tracking information on the "Order History" tab within your Account. We will endeavor to fulfil your order by the delivery date set out in the Confirmation Receipt. Orders are normally fulfilled within 7 working days, unless there are exceptional circumstances. We do not offer delivery outside the UK.
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any applicable delivery charges.
The price of the Products, the Credit Amount payable by VIP Members in the circumstances detailed in clause 6, and our delivery charges will be as quoted on the Site from time to time, except as described in clause 11.5 and in cases of obvious error.
We will not be liable for any overdraft fees or other charges that you may incur by us debiting the Credit Amount from the payment instrument associated with your Account.
All Product prices are inclusive of VAT.
Product prices, the Credit Amount and delivery charges are liable to change at any time. Any changes will not affect orders in respect of which we have already sent you a Confirmation Receipt.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation Receipt, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
Payment for Products must be by credit or debit card, PayPal or, where applicable, Credit. If you pay using credit or debit card or PayPal, we will not charge your payment instrument until we dispatch your order. Payment of the Credit Amount must be by credit or debit card or PayPal only. We will charge your payment instrument on or shortly after the 6th day of the month in which a Credit Amount becomes due.
If for any reason you are not happy with your Product, you have the following options:
You return the Product at your own risk. Please see our » Delivery & Returns policy for details of return methods and arrangements. If none of the free return methods detailed in that policy apply or are used the costs incurred in the return of such Product will be borne by you. If you return the Product using collect charges, we may charge you for any incurred return costs. You are obliged to take reasonable care of the Product while it is in your possession and return it in the same condition in which you received it. If you fail to comply with this obligation, we may have a right of action against you for compensation.
In case of a cash refund, we will usually refund any money received from you using the same means of payment originally used by you to pay for your purchase. Any items purchased with a Credit may only be exchanged for another Product or returned for a Credit. We may withhold any refund until we have received the returned Product.
You have the right to withdraw from your VIP Membership within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day we confirm your VIP Membership in accordance with clause 4. Read more about your » withdrawal right.
You may terminate your VIP Membership at any time. If you wish to terminate your VIP Membership you may do so at any time online by visiting "My VIP" account page, via live chat, in writing at our registered office address (see clause 1.1), or call us on 020 3695 3831 (local rate). There is no termination fee and the obligations detailed in clause 6 will no longer apply to you. We will not charge you any Credit Amount following termination of your VIP Membership. Please note that VIP Membership may only be terminated by the registered VIP Member.
Your use of the Site for any illegal or unauthorised purpose is expressly prohibited. In consideration of your use of the 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 we have reasonable grounds to suspect that you have provided, information that is untrue, inaccurate, not current or incomplete, we reserve the right to suspend and refuse any and all current or future access by you to the Site or any portion of it. Furthermore, if we have any reason to believe that you may be creating fraudulent accounts or engaging in any deceptive behaviour while using the Site, we may suspend and refuse any and all current or future access by you to the Site or any portion of it. We may also refuse to honour any Credits or other benefits associated with your Account.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of it with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part of it.
The Site may be linked to other websites. You acknowledge and agree that we will not be responsible for the availability of such external websites, and do not endorse and are not responsible or liable for any content, advertising, products and/or other materials on or available from such websites. You further acknowledge and agree that we will 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 website. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to that third party in accordance with our » Privacy Notice.
By connecting to the Site with a third party service you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. For more information on the types of information we collect from these third party services, please read our » Privacy Notice.
Unless otherwise indicated, the 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 us 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 our prior written approval. In addition, any mechanised or systematic processes for harvesting information from the Site for any purpose are prohibited. Nothing contained in or on the Site should be construed as granting any licence or right, by implication or otherwise, to use any of the Content at any time.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable legal fees), based upon, arising from or related to: (a) information or content submitted, transmitted or otherwise made available on or through the 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 and conditions.
YOUR USE OF THE SITE AND THE FABLETICS FITNESS APP IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES OFFERED ON OR THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE MAKE NO REPRESENTATIONS THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
Subject to clause 19.3, if we fail to comply with these terms and conditions, we will only be liable to you for the purchase price of the Products or the Credit Amount, as applicable.
Subject to clause 19.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories, even if such losses result from our deliberate breach:
Nothing in these terms and conditions excludes or limits our liability for:
Applicable laws require that some of the information or communications we send to you should be in writing. In using the Site you accept that we may contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be addressed to us at our registered office address (see clause 1.1). We may give notice to you at either the email or postal address you provide to us when placing an order or creating your Account, or in any of the ways specified in clause 20. Notice given by us will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a contract with us, or any of your rights or obligations arising under it, including Credits, without our prior written consent. You may not transfer Credits by gift or otherwise.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of our rights or obligations arising under it, at any time during the term of the contract.
We will not be liable or responsible for any failure to perform, or for delay in performance of, any of our obligations under a contract with you that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a contract with you, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 20.
If any of these terms and conditions or any provisions of a contract with you are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any material expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract between us.
We each acknowledge that, in entering into a contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the materials referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
We reserve the right to revise and amend these terms and conditions (if, for example, there is a change in law or security reasons that we need to change these terms and conditions). If you are a VIP Member, we will provide you with at least 30 days advance notice of such changes, unless such changes are required on shorter notice to comply with applicable law. If you do not wish to continue using the Site following the changes to these terms and conditions, you can cancel your agreement to these terms and conditions by cancelling your VIP Membership.
Save as set out in clause 27.1, you will be subject to the terms and conditions and applicable policies in force at the time that you use the Site, order Products from us or become a VIP Member.
These terms and conditions 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) will be governed by English law. We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. The European Commission provides an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please inform us in writing at our registered office address (see clause 1.1) or call us on 020 3695 3831 (local rate).
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement made in writing or on a phone call.
You may contact us at:
Address: Fabletics Ltd
25 Wilton Road
London SW1V 1LW
Email: [email protected]
Telephone: 020 3695 3831 (local rate)
You may use this withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
You must return the Products to:
c/o Bleckmann Solutions B.V.
Unit 11D, Broadmoor Road
South Marston Industrial Estate
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the Products before the period of 14 days has expired. We will bear the cost of returning the Products. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day we send you an email confirming that you are now a VIP Member.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement made in writing or on a phone call.:
You may contact us at:
Address: Fabletics Ltd
25 Wilton Road
London SW1V 1LW
Email: [email protected]
Telephone: 020 3695 3831 (local rate)
You may use this withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we will terminate your VIP Membership and reimburse to you all payments received from you under your VIP Membership. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement.