TERMS AND CONDITIONS
Summary of some of your key rights:
|The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after subscribing to our subscription services, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
up to 30 days: if your Goods are faulty, you can get a refund;
up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
up to six years: if the Goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
1. 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. These terms and conditions apply only if you are buying products on our site as a consumer (ie for purposes outside of your business, craft or profession).
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 United Kingdom will not incur any import fees. Outside of the United Kingdom, 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.
a. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
i. read the key rights summary at the beginning of these Terms and Conditions on Purchase; or
ii. read the acknowledgement email (see clause 5); or
iii. contact us using the contact details at the top of these Terms.
b. The key information we give you by law forms part of this contract (as though it is set out in full here).
c. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. 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 and handling costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
4. Your Status
By placing an order through our site, you warrant that:
- you are legally capable of entering into this binding contract;
- 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.
5. Our Contract
When you place an order at the end of the online checkout process (eg “subscribe and place order” button), 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 legally binding 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).
We may contact you to say that we do not accept your order. This is typically for the following reasons:
- the products are unavailable;
- we cannot authorise your payment;
- you are not allowed to buy the products from us;
- we are not allowed to sell the products to you;
- you have ordered too many products; or
- there has been a mistake on the pricing or description of the
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.
Suspending 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. If your payment is not received by us and you have already received the goods, you must:
- pay for such goods as soon as possible and in any case within 5 days; or
- return them to us as soon as possible and in any case within 30 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
If you do not pay for the goods and fail to return them in accordance with the above we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clause 8.
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.
7. 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 first subscribe to our subscription services. 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) or by using the model cancellation form at the end of these terms.
To meet the cancellation/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 (to our address as detailed at the beginning of these Terms), 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.
You will lose your right to cancel if you requested for us to start providing the subscription services during the 14-day cancellation period and you receive a box during this period. However, we will not provide any services during the 14-day cancellation period unless you request for us to do so.
9. 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 the Shipping Confirmation, unless there are exceptional circumstances.
Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of the Shipping Confirmation, we will let you know, cancel your order; and give you a refund.
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.
10. 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.
If you do not receive your order within 8 weeks of receiving the tracking number, please contact us. If we are contacted later than 8 weeks the tracking number has been sent and the order has not been received, we will not be able to provide a replacement or refund.
11. 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 the United Kingdom or 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.
For subscriptions, the shipping price may at any time be adjusted without notifying you, if the price change within 12 months is less than 1.00 GBP.
Payment for all Products and Services must be by credit or debit card. We accept payment with Visa, Mastercard and American Express.
12. Limitation on our Liability
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- losses that were not foreseeable to you and us when these Terms were formed;
- losses that were not caused by any breach on our part;
- business losses; and
- losses to non-consumers.
13. Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.
14. Third Party rights
No one other than a party to this contract has any right to enforce any term of this contract.
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 a dispute cannot be resolved or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
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.
19. 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.
21. Refunds Policy & Returns
Any goods we provide as part of our subscription services must be as described, fit for purpose and of satisfactory quality. Our subscription services must be provided with reasonable care and skill. We are under a legal duty to supply good and our subscription services in conformity with our contract with you.
If your box has arrived damaged or items are missing, we will offer an appropriate replacement/refund in line with your consumer rights as long as it can be shown that the box you were charged for was not provided as it should have been. You have up to 30 days from when you have received the box to notify us and begin a claim. You will be required to provide photographic evidence. Any claims submitted after 30 days of receipt will not be entitled to refunds. This does not affect your statutory rights contained in the summary box at the beginning of these Terms.
Any damaged books need to meet our book damage criteria, the link to this page on our website can be found here, and every request is handled on a case by case basis at the discretion of our customer service team. If a book has severe damage, we will usually not require it to be returned to us. If the book has minor damage, we will usually ask for this to be returned to us before a new copy is sent out to you and will cover return shipping costs.
22. Nature of the Goods
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
We are under a legal duty to provide our subscription services with reasonable care and skill and supply you with goods that are in conformity with this contract.
The packaging of the goods may be different from that shown on the site.
While we try to make sure that the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.
23. 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.
24. 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).
25. 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.
26. 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.
|Model Cancellation Form
To: FairyLoot Ltd, PO Box 72527, SW3 9EW London, United Kingdom,
|I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods [*}/for the supply of the following service [*},|
|Ordered on [*}/ received on [*},|
|Name of Consume(s),|
|Address of consumer(s),|
|Signature of consumer(s) (only if this form is notified on paper),
[*} Delete as appropriate