TERMS & CONDITIONS
TERMS AND CONDITIONS OF FAIRYLOOT
Agreement between User and us.fairyloot.com
Welcome to us.fairyloot.com. The us.fairyloot.com website (the “Site”) is comprised of various web pages operated by FairyLoot Inc. (“FairyLoot”). Us.fairyloot.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of us.fairyloot.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Us.fairyloot.com is an E-Commerce Site.
The primary purpose of us.fairyloot.com is to provide a platform for users to sign up to FairyLoot’s monthly fantasy book subscription box. Furthermore, the website features an online store where users can purchase books and other merchandise items.
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 us.fairyloot.com and/or via email, may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 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. An agreement 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).
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 USA will not incur any import fees. Outside of the USA 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 customs/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 an agreement 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.
For orders of our monthly “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.
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’.
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.
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 Book or Merchandise orders your card will be debited upon authorisation being received. For “Subscription Plan” orders your card will be automatically 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.
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 “us.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.
Your order will be fulfilled by or close to 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.
The delivery of your ordered item(s) will be carried out by our authorised courier company, which at our discretion might differ from the company specified in your order confirmation as long as the delivery service is similar to the originally ordered delivery service (e.g. tracked 3-5 days).
Delivery will be completed when our authorised courier company delivers 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 and FairyLoot will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.
Visiting us.fairyloot.com or sending emails to FairyLoot constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FairyLoot is not responsible for third party access to your account that results from theft or misappropriation of your account. FairyLoot and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
FairyLoot does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use us.fairyloot.com only with permission of a parent or guardian.
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 (email address: [email protected]) of your decision to cancel this contract by a clear statement via email.
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. 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.
Links to Third Party Sites/Third Party Services
Us.fairyloot.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FairyLoot and FairyLoot is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FairyLoot is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FairyLoot of the site or any association with its operators.
Certain services made available via us.fairyloot.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the us.fairyloot.com domain, you hereby acknowledge and consent that FairyLoot may share such information and data with any third party with whom FairyLoot has a contractual relationship to provide the requested product, service or functionality on behalf of us.fairyloot.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FairyLoot or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FairyLoot content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FairyLoot and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FairyLoot or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
FairyLoot has no obligation to monitor the Communication Services. However, FairyLoot reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FairyLoot reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FairyLoot reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FairyLoot’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FairyLoot does not control or endorse the content, messages or information found in any Communication Service and, therefore, FairyLoot specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FairyLoot spokespersons, and their views do not necessarily reflect those of FairyLoot.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to us.fairyloot.com or Posted on Any FairyLoot Web Page
FairyLoot does not claim ownership of the materials you provide to us.fairyloot.com (including feedback and suggestions) or post, upload, input or submit to any FairyLoot Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FairyLoot, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. FairyLoot is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FairyLoot’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by FairyLoot from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FairyLoot Content accessed through us.fairyloot.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FairyLoot, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FairyLoot reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FairyLoot in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FairyLoot agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FAIRYLOOT INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FAIRYLOOT INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FAIRYLOOT INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FairyLoot reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FairyLoot as a result of this agreement or use of the Site. FairyLoot’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FairyLoot’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FairyLoot with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FairyLoot with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FairyLoot with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
FairyLoot reserves the right, in its sole discretion, to change the Terms under which us.fairyloot.com is offered. The most current version of the Terms will supersede all previous versions. FairyLoot encourages you to periodically review the Terms to stay informed of our updates.
FairyLoot welcomes your questions or comments regarding the Terms:
10121 SE Sunnyside Rd, Suite 300
Clackamas, Oregon 97015
Effective as of January 01, 2020