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Terms and Conditions

Term of Use

Welcome to the Fairy Blossom and Friends website which is owned and operated by Fairy Blossom and Friends (ABN: 42 679 062 029). Fairy Blossom and Friends will be referred to as “We”, “Our” and “Us” in these Terms of Use. By using this site, you agree to the following Terms of Use of this web site, which is set out on this web site page.

This Site is provided by Fairy Blossom and Friends as a service to our customers. Please review the following terms that govern your use of this Site. Fairy Blossom and Friends reserves the right to update or modify these Terms of Use at our discretion and for this reason, you should review these Terms of Use from time to time.

By accessing, viewing, browsing and/or using the Site after we post changes to these Terms of Use, you unconditionally accept and agree to those changes, whether or not you actually reviewed them. If you violate any of the terms of these Terms of Use you may, without limitation, have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. At the bottom of this page, Fairy Blossom and Friends will notify you of the date these Terms of Use were last updated.

Using the Site will constitute your acceptance of these Terms of Use. If you do not agree to abide by these terms, please do not use the Site.

Limited License and Site Access

Fairy Blossom and Friends grants you a limited license to access and make personal use of the Site. You may not download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Fairy Blossom and Friends. This limited license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another entity; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fairy Blossom and Friends. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fairy Blossom and Friends without express written consent. You may not use any meta tags or any other “hidden text” utilizing Fairy Blossom and Friends’ name without the express written consent of Fairy Blossom and Friends. Any unauthorized use terminates the permission or limited license granted by Fairy Blossom and Friends. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to www.fairyblossom.com.au so long as the link does not portray Fairy Blossom and Friends, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fairy Blossom and Friends logo or other proprietary graphic or trademark as part of the link without express written permission of Fairy Blossom and Friends.

Communications

When you visit the Site or send emails to Fairy Blossom and Friends, you are communicating with us electronically. You consent to receive communications from Fairy Blossom and Friends electronically. Fairy Blossom and Friends may communicate with you by email, phone, or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that Fairy Blossom and Friends provides to you electronically satisfy any legal requirement that such communications be in writing.

Copyrights, Trademarks and Intellectual Property

All content included on the Site, such as (without limitation) text, graphics, photos, videos, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fairy Blossom and Friends or its content suppliers and is protected by both United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Fairy Blossom and Friends and protected by both U.S. and international copyright laws. All software used on the Site is the property of Fairy Blossom and Friends or its software suppliers and protected by both United States and international copyright laws.

The Fairy Blossom and Friends name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Fairy Blossom and Friends. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize you to use any name, logo or mark in any manner.

Order Review and Acceptance

Please note that there may be certain orders that Fairy Blossom and Friends is unable to accept and must cancel. Fairy Blossom and Friends reserves the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (unless you are paying via your PayPal account, in which case you will be charged prior to your order being shipped). By way of example, some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Fairy Blossom and Friends’ credit and fraud avoidance department. Fairy Blossom and Friends may also require additional verifications or information before accepting any order. Fairy Blossom and Friends will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, Fairy Blossom and Friends will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

Limits On Quantity and Dealer Sales

Fairy Blossom and Friends reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may, without limitation, be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. Fairy Blossom and Friends will provide notification to you should such limits be applied. Fairy Blossom and Friends also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, dealers or resellers shall be defined as those purchasing or intending to purchase any product(s) from Fairy Blossom and Friends for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Your Account With Fairy Blossom and Friends

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur under your account or password.

 User Reviews, Feedback, Submissions, Ideas

 

Fairy Blossom and Friends does not regularly review and shall not be required to regularly review Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant Fairy Blossom and Friends the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Fairy Blossom and Friends and its affiliates for all claims resulting from any Comments you submit. Fairy Blossom and Friends and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Risk of Loss

All items purchased from Fairy Blossom and Friends are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.

Product Descriptions/Content

Fairy Blossom and Friends strives to be as accurate as possible. However, Fairy Blossom and Friends does not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. If a product offered by Fairy Blossom and Friends itself is not as described, your sole remedy is to return the product in unused condition.

You understand that by using the Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Fairy Blossom and Friends shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.

Third Party Sites/Links
References on the Site to any names, marks, products or services of third parties, or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Fairy Blossom and Friends’ endorsement, sponsorship or recommendation of the third party, its information, products or services. Fairy Blossom and Friends is not responsible for the practices or policies of such third parties, nor the content of any third-party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third-party sites. If you decide to link to any such third-party sites, you do so at your own risk.

Site Security/Access

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Such violations of system or network security may result in civil or criminal liability. Fairy Blossom and Friends will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Fairy Blossom and Friends on this Site and other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome or Microsoft Internet Explorer).

Pricing

Items in your Shopping Cart will always reflect the most recent prices displayed on the items’ product detail page and take into account how you accessed the Site, the daily promotion and any coupon code you entered. Please note this price may differ from the prices shown for the items when you first placed them in your Shopping Cart. Placing an item in your Shopping Cart does not necessarily reserve the price shown at that time; most Fairy Blossom and Friends discount offers are for a limited time only, and have stated expiration dates. Accordingly, it is possible that an item’s price may change between the time you place it in your Shopping Cart and the time you complete your Checkout. In addition, prices are subject to availability of the product at the time of ordering.

While Fairy Blossom and Friends strives to provide accurate pricing information, pricing errors may occur from time to time. Fairy Blossom and Friends cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Fairy Blossom and Friends shall have the right, at Fairy Blossom and Friends’ sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Fairy Blossom and Friends may, at Fairy Blossom and Friends’ sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Fairy Blossom and Friends.com. Fairy Blossom and Friends regrets that we cannot be responsible for pricing errors made on third-party or affiliated web sites, or prices quoted incorrectly in print publications which are not directly affiliated with Fairy Blossom and Friends.

Fairy Blossom and Friends Coupons and Discounts

At Fairy Blossom and Friends, Free Shipping and Dollar Savings are all considered to be promotional offers. Coupons and discounts apply only to available inventory. We do not offer rain checks.

Disclaimer/Limitation of Liability

THE SITE IS PROVIDED BY FAIRY BLOSSOM AND FRIENDS ON AN “AS IS” AND “AS AVAILABLE” BASIS. FAIRY BLOSSOM AND FRIENDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FAIRY BLOSSOM AND FRIENDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FAIRY BLOSSOM AND FRIENDS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM OR TO THE EXPRESS LIFETIME WARRANTY FOR ANY FAIRY BLOSSOM AND FRIENDS-BRANDED PRODUCT AS SET FORTH HERE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

FAIRY BLOSSOM AND FRIENDS DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM FAIRY BLOSSOM AND FRIENDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAIRY BLOSSOM AND FRIENDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FAIRY BLOSSOM AND FRIENDS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FAIRY BLOSSOM AND FRIENDS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disputes

Any dispute relating in any way to your visit to the Site, to these Terms of Use, to our Privacy Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Denver, Colorado, USA, except that, to the extent you have in any manner violated or threatened to violate Fairy Blossom and Friends intellectual property rights, Fairy Blossom and Friends may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to defend, indemnify and hold harmless Fairy Blossom and Friends from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

Changes to the Fairy Blossom and Friends Terms of Use

These Terms of Use were last updated on 1 November, 2013. Please check our Terms of Use periodically for changes.

Returns Policy

  • Items leaving our warehouse are inspected for quality and we make every effort to ensure each item is free from damage before being carefully packaged by us.
  • If you receive a product that appears to have been ‘Damaged in Transit’ (ie: damaged in transit from us to you) you should:
    • refuse to accept delivery of the product
    • direct the courier to ‘Return goods to sender’
    • notify us immediately at info@fairyblossom.com.au
    • If you believe and item is faulty, please contact us to report a problem. You will also be required to email photos of the problem areas to info@fairyblossom.com.au. We will review and be in touch with you regarding a resolution. Please note that a product will not be considered faulty if it has been used in an ‘abnormal’ way.
    • If returning an item, to assist with prompt processing, please include a copy of your invoice with your return.
    • All returning goods must be packaged adequately by the customer.
    • All costs incurred in returning the goods to Fairy Blossom and Friends are the customer’s responsibility.
    • We do not refund goods that were chosen incorrectly (some exceptions may apply).
    • A returned good does not automatically guarantee replacement or refund. When returns are received we assess each on a case by case basis and you will be promptly notified of our decision. Items qualified for return will be replaced or refunded.
    • If a replacement item is out of stock, we will offer a similar item or a refund given for the value of that item.

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