AGREEMENT BETWEEN USER AND 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 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 Ltd. (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

Information we give you

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.

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.

2. 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 + Items Subscription,” the contents of the box will remain unknown until it is received. The quantity and type of items included in your box will be specified on our website and will form part of the contract upon ordering.

For orders of our “Book-Only Subscription,” the title of the book(s) will remain unknown until it is received. The category of the book included in your box will be specified on our website and will form part of the contract upon ordering.

For orders of our “2- or 3-Book Combo Subscription,” the titles of the books will remain unknown until they are received. The quantity and category of books included in your box will be specified on our website and will form part of the contract upon ordering.

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 the relevant 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.

3. Service Pricing & Availability

• • 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 itemised 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 authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured 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. Order Cancellation

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 or cancel, you must inform us (E-Mail-Address: [email protected] ) of your decision to cancel this contract by a clear statement.

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. You will always be informed of pre-shipment for final edit and cancellation deadlines.

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.

5. 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.

6. Delivery Risk

Once the delivery is completed, according to the proof of delivery provided (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.

FairyLoot will not be liable for any losses sustained due to a failure on the customer’s part to update and maintain sufficient delivery addresses. All address edits must be communicated before deadlines provided in pre-shipment notifications sent by FairyLoot.

If you do not receive your order within 30 days of the last tracking update, please contact us. If we are contacted later than 30 days after the last tracking update and the order has not been received, we will not be able to provide a replacement or refund.

7. Price

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.

In relation to subscriptions, please note the following specific provisions:

• Shipping Costs Adjustment: We reserve the right to modify the shipping fees associated with subscriptions at our discretion. These adjustments may be made without prior notification to the subscriber, provided that any changes do not exceed 1.00 GBP within a twelve-month period.
• VAT Rate Variation: The VAT rate applied to subscriptions may be revised to align with changes in local tax regulations. These revisions may be effected without prior notification to the subscriber.

8. 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.

9. 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.

10. Third Party rights

No one other than a party to this contract has any right to enforce any term of this contract.

11. 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 use this Website or your breach of the Terms of Service.

12. Invalidity

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.

13. Complaints

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.

14. Waiver

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.

16. Warranty

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. Damage 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 14 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 14 days of receipt will not be entitled to replacements or refunds. This does not affect your statutory rights.

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.

Returns are not usually accepted unless made by exception, and FairyLoot are not liable for return shipment fees unless stated otherwise.

18. 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.

19. 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.

20. 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).

21. 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.

22. 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.

Last Modified: July 26th, 2024