TERMS & CONDITIONS
TERMS AND CONDITIONS OF FAIRYLOOT LTD
1. In General
FairyLoot (FairyLoot Ltd) owns and operates the website “www.fairyloot.com” and the linked online shop found under the subdomain “subscribe.fairyloot.com”. This document governs your relationship with FairyLoot (“www.fairyloot.com” and “subscribe.fairyloot.com”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. We reserve the right to update and amend the Terms of Service at any time.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
You should print a copy of these terms and conditions for future reference.
Please tick the checkbox in the shopping basket to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products or start a Subscription on our site.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and FairyLoot will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of FairyLoot or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by FairyLoot and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with FairyLoot and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to FairyLoot.
5. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
6. The Binding Contract between You and Us
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times, which are communicated clearly on FairyLoot, may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
The buyer is responsible for any import taxes imposed by their home country. Please take these fees into account when buying. Customers located in a country within the European Union will not incur any import fees. Outside of the European Union you will need to look up the import duty threshold and rates for your country to determine if and how much you will pay in VAT/duty/handling fees.
In order to contract with FairyLoot you must be over 18 years of age or have parental permission and possess a valid credit or debit card issued by a bank acceptable to us. FairyLoot retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party, which you have contracted with. This will usually be FairyLoot or may in some cases be a third party. Where a contract is made with a third party FairyLoot is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale, which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
6.1 Service Pricing & Availability
Our site is only intended for use by people residing in all countries that are available in the list of countries to choose from during the checkout process. We do not accept orders from individuals that reside in a country that is not present in the list.
Whilst we try and ensure that all details, descriptions and prices, which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods, which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
6.2 Your Status
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old or have the consent from your parent or guardian to place the order; and
- you are resident in one of the Serviced Countries.
6.3 Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the box (or item), which you ordered has been dispatched to you (Shipping Confirmation).
For orders of our “Book Subscription Box” Product the goods included in the ordered box will remain unknown until receiving the box. The amount of goods within your ordered box will be announced on the website and hence will be included in the contract formed.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
The subscription plan to our Services consist of an initial pre-authorisation (not a charge) of your bank card and then followed by recurring period charges as agreed to by you. The date of the recurring charges will be specified in the selected subscription plan on our website and in your confirmation email. By entering into this Agreement, you acknowledge that your subscription has an initial pre-authorisation and recurring payment feature; and you accept responsibility for all recurring charges prior to deactivation. FairyLoot may submit periodic charges (e.g., monthly, quarterly, semi-annually) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before FairyLoot reasonably could act. To terminate your authorisation or change your payment method email [email protected]
By subscribing to FairyLoot you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
Cancelling your subscription is easy, but needs to be done 12 hours before your scheduled renewal date . You just need to go to your account area and follow these steps:
- Log into your account on the FairyLoot website
- Click or tab on My Subscription
- Click or tab the Cancel button displayed under your active subscription
- You will receive a Cancellation Confirmation Email
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. For “Single Purchase” and “Merchandise” orders your card will be debited upon authorisation being received. For “Subscription Plan” orders your card will be debited on the date specified on our website for your selected Subscription Plan (usually the 1st day of the month; on a monthly, quarterly, semi-annual basis). The payment received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
6.5 Voucher and Promo Codes
A Voucher or Promo Code may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. We reserve the right to withdraw or deactivate any Voucher or Promo Code for any reason at any time.
Voucher and Promo Codes may only be redeemed through the websites “www.fairyloot.com” or “subscibe.fairyloot.com” and not through any other website or method of communication. To use your Voucher or Promo Code you will be required to enter the code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to it.
Any discounts attached to Voucher and Promo Codes apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
You have the right to cancel this contract within 14 days without giving any reason. The cancellation 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 goods. To exercise the right to deactivate, you must inform us (Postal address: FairyLoot Ltd, PO Box 72527, SW3 9EW London, United Kingdom, E-Mail-Address: [email protected]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
To meet the deactivation deadline, it is sufficient for you to send your communication concerning your exercise of the right to deactivate before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than- (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to deactivate this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
6.7 Availability & Delivery
Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within 30 days of the date of theShipping Confirmation, unless there are exceptional circumstances.
Delivery will be completed when our authorised courier company, deliver the Products to the shipping address you supplied to us during your order process. If no one is available at your address to take delivery, our authorised courier company, will follow the delivery instructions provided to us by you. If no leave safe instructions are specified, the order will be left in an area that the authorised courier company considers safe, or left at a local post office to be picked up by you.
The leave safe location specified by you shall be within the area of the delivery address and shall be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
FairyLoot’s obligation to deliver the box (parcel) shall be fulfilled once the courier delivers the box (parcel) at the safe spot specified by you or the box (parcel) is considered safe by the courier.
If the personal handover of the box (parcel) is not possible and no leave safe is available we may also deliver the box (parcel) to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. In addition, the box (parcel) may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”.
The customer will be notified of such delivery to a neighbour by delivery notice, via email or in the tracking status of the parcel.
If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance.
FairyLoot will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.
7. Delivery Risk
Once the delivery is completed, according to the preceding paragraph (i.e. signed for by customer, left in a safe spot as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the box will be with the customer. FairyLoot shall not be held liable for any damage, defect or loss which may occur thereafter.
You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. FairyLoot is not obliged to review the safe spot as to its general suitability.
Refusal of the box (parcel) does not negate the charge, FairyLoot will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier company.
8. Price and Payment
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Product prices do not include VAT until a shipping country is selected from the list of available countries during the checkout process. VAT will only be applicable for, and therefore only added to orders destined for member countries of the European Union (EU).
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
Payment for all Products and Services must be by credit or debit card. We accept payment with Visa, Mastercard and American Express. Only for “Single Purchase” orders we additionally accept PayPal as a payment method.
9. Shipping Options
For a selection of countries you have the option to select Standard or Tracked shipping (see our Shipping Guidelines).
9.1 Tracked Shipping
Boxes sent on a tracked service are insured by our courier therefore we cover up to 100% of damages or losses, but take each case on a case by case basis. If you have tracked shipping and your box has been marked as delivered but you have not received your box, you have up to 30 days from the purchase date to notify us and begin a claim. Any claims after the 30 day period will not be entitled to a full refund. In the event that your box has not been delivered due to an incorrect address/insufficient information, we will only refund the cost of the box excluding the cost of shipping.
If your box has arrived damaged or items are missing, you have up to 30 days to notify us and begin a claim. You will be required to provide photographic evidence. Any claims submitted after 30 days will not not be entitled to a full refund.
9.2 Standard (Untracked) Shipping
Boxes sent on an untracked service might arrive 30 days or more after shipment and do not provide any tracking information for the shipment. If you have untracked shipping and your box has been undelivered, arrived damaged or items are missing, you have up to 5 weeks within the dispatch date to notify us and begin a claim. Any claims after this time will not be entitled to a full refund.
10. Limitation of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law FairyLoot and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect FairyLoot’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
FairyLoot has no liability for injury or damage caused by products within the sold box. Such liability is the sole responsibility of the product brand or manufacturer.
You agree to indemnify, defend and hold harmless FairyLoot, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
15. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and FairyLoot. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of FairyLoot.
Nothing in this clause limits or excludes any liability for fraud.
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
17. Refunds Policy & Returns
If you are unhappy with your box for a legitimate reason such as: the box was missing items, the box was damaged, the box did not arrive; we will offer an appropriate refund as long as it can be shown that the box you were charged for was not provided as it should have been.
18. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. 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.
19. Our Right to update these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and Jurisdiction
Contracts for the purchase of Products through our site 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. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. Contact Us
If you have any further questions, please contact in writing by mail to FairyLoot, PO Box 72527, SW3 9EW London, United Kingdom or through our contact form.