Terms and conditions
Thank you for visiting Fairydust. We hope your experience on our Website is a positive one and that you come back again. To help clarify any questions you may have, please find below the basic terms and conditions that govern your use of our Site and purchases from Fairydust.
FAIRY DUST PROVIDES THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively "You"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN FAIRYDUST AND YOU, AND YOU ACCEPT THEM BY (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian. These Terms shall apply to any order placed. By accessing, browsing, using, viewing, reading, printing, or downloading any material from the Site or registering with the Site, You represent and warrant that You have read, understood, and You agree to be legally bound by these Terms.
Fairydust may change or modify these Terms or any policy or guideline of this Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our Site.
PRODUCTS AND SERVICES
All sales from the Sites are sold by Fairydust, a wholly owned subsidiary of Fairydust. The following terms and conditions of sale ("Sale Terms") apply to your purchases of any products from Fairydust, except to the extent that you have entered into a separate written agreement with Fairydust that supersedes some or all of these Sale Terms. These Sale Terms are subject to change without prior written notice at any time, in Fairydust’s sole discretion. By placing an order for products through the Sites, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Fairydust, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these terms and conditions.
A. Your Account
When you purchase from Fairydust, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
B. Payment Terms
Fairydust currently accepts VISA, MasterCard, American Express, Discover credit cards.
C. Product Availability and Pricing
Fairydust and its suppliers continually upgrade and revise their products and service offerings to provide you with new products and services. Fairydust may change or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.
D. Product Descriptions; Pricing; Errors
Fairydust attempts to be as accurate as possible and eliminate errors on the Sites. However, we do not warrant that product descriptions, photographs, pricing, or other Content on the Sites are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Fairydust is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Sites, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
E. Who We Sell To
Fairydust only sells products to adults. If you are under 18, you may use our Sites only with the involvement of a parent or guardian. Fairydust reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Our Website is owned and controlled by Fairydust. Unless otherwise agreed in writing, all materials on our Website, including text, graphics, information, Content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the "Content" and the Content in the Website "Website Content"), are owned, controlled and/or licensed by Fairydust.
The Website and Website Content are intended solely for personal, non-commercial use. You may download or copy the Website Content and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded or copied Website Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Website Content or the Website for any public or commercial purpose.
Certain trademarks, trade names, service marks, and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Fairydust and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on any Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website.
LINKS TO OUR WEBSITE AND THIRD-PARTY LINKS
Creating or maintaining any link from another website to any page on our Website without our prior written permission is prohibited. Running or displaying the
Website or any Website Content in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply with all applicable federal and state laws, statutes, rules and regulations.
From time to time, the Website may contain links to other websites that are not owned, operated or controlled by Fairydust. All such links are provided solely as a convenience to you. If you use these links, you will leave our Website and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by Fairydust.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
LIMITATION OF LIABILITY
FAIRYDUST WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, FAIRYDUST’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
You agree to indemnify, defend and hold harmless Fairydust and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Florida, USA
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at fairydust email.