TERMS & CONDITIONS

AGREEMENT BETWEEN USER AND US.FAIRYLOOT.COM

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH US.FAIRYLOOT.COM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, THAT YOU RESIDE IN CANADA OR THE UNITED STATES  OF AMERICA, AND THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE (us.fairyloot.com) IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR HAVE PERMISSION FROM YOUR PARENT/LEGAL GUARDIAN OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through us.fairyloot.com (the “Site“). These Terms are subject to change by FairyLoot Inc., an Oregon corporation (referred to as “FairyLoot”, “us“, “we“, or “our” as the context may require), without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 10).

1. Order Acceptance and Cancellation

When you place an order at the end of the online checkout process (e.g., “subscribe and place order” button), you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.  A legally binding contract with us will not be formed until we send you confirmation by email 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, for any or no reason, including: that the products are unavailable; that we cannot authorize your payment; that you are not allowed to buy products from us; that you have ordered too many products, or that there has been a mistake on the pricing or product description.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a Shipping Confirmation.

If your order is accepted, we will inform you by email and we will confirm the identity of the party with which you have contracted. This will usually be FairyLoot, but 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 authorized 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.

2. Subscription Plans

The subscription plan to our services consists of an initial preauthorization (not a charge) of your bank card, followed by recurring periodic 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 preauthorization 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 authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before FairyLoot reasonably could act. To terminate your authorization 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 the relevant subscription
• Click or tab the Cancel button displayed under your active subscription and follow the steps until the cancellation is confirmed
• 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.

For orders of our “Book Subscription Box” Product the goods included in the ordered box will remain unknown until receiving the box. The quantity of items included in your ordered box will be stated on the website and will therefore be considered part of the contract formed upon your purchase of a Book Subscription Box.

3. Prices and Payment Terms.

• • All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  • Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept Visa, Mastercard, and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
  • Voucher and Promo Codes. A voucher or “promo code” may only be used once by a customer 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 our website 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.

4. Shipments, Delivery, Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon our transfer of the products to the delivery carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

If we cannot deliver your goods within 30 days of your order, we reserve the right to cancel your order and give you a refund.

5. Returns and Refunds

If your box arrived damages or items are missing, we will offer an appropriate replacement or refund, so long as it can be shown through photographic evidence that the box you were charged for was not provided as it should have been. Each request for a replacement or refund is handled on a case-by-case basis at the discretion of our customer service team.  YOU HAVE 14 DAYS FROM WHEN YOU RECEIVE A BOX TO NOTIFY US AND BEGIN A CLAIM BY EMAILING US AT [email protected]. Any damaged books need to meet our book damage criteria, available here [help.fairyloot.com/support/solutions/articles/35000237813-book-damage-criteria]. Any refund will be credited back to the same payment method used to make the original purchase on the Site.

6. Limited Warranty and Disclaimers

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.

ALL OTHER WARRANTIES ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.  YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

7. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall : (i) only apply to the extent permitted by law and] (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

8. Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. YOU FURTHER REPRESENT AND WARRANT THAT ALL PURCHASES ARE INTENDED FOR FINAL DELIVERY TO LOCATIONS WITHIN THE US.

9. Nature of Goods

The packaging of your goods may be different from that shown on the Site. While we try to make sure that the colors of our goods are displayed accurately on the site, the actual colors that you see on your device may vary depending on the device that you use

10. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, [us.fairyloot.com/privacy-policy], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

11. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. Governing Law and Jurisdiction

This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Oregon.

13. Dispute Resolution and Binding Arbitration

YOU AND FAIRYLOOT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section ‎13. (The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FAIRYLOOK WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

14. Indemnity

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 breach of the Terms of Service.

15. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section ‎15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

16. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of FairyLoot.

17. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

18. Notices

To You: We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us: To give us notice under these Terms, you must contact us by email at [email protected].  We may update the email address for notices by posting a notice on the Site. Notices will be effective one business day after they are emailed.

19. Severability

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

20. Entire Agreement

These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

If you have any further questions, please contact in writing by email to: [email protected].

 

Last Updated: March 18, 2024