TERMS OF SERVICE
https://thefashionfairy.co.uk/ is a wholesale website operated by AnimaxUK limited trading as The Fashion Fairy. AnimaxUK limited is registered in England and Wales under company number 08628901. Our registered office is at Unit GF 8, 56-60 Nelson Street, London, E1 2DE.
These Terms of Service apply to all goods and services supplied by AnimaxUK limited. Any orders placed are an offer to buy and no contract is in place until we have accepted your order. Automated emails are a notification of receipt not a confirmation of acceptance. The contract is subject to your right of cancellation.
Throughout the site, the terms “we”, “us” and “our” refer to AnimaxUK limited (trading as thefashionfairy). We offer this website, including all information, tools and services available from this site to you, the Merchant, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by any hyperlinks. These Terms of Service apply to all users of the site, including without limitation users who are browsers, retail merchants, end-customers, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on www.Getshop.Today (C Code Ltd). They provide us with the online eCommerce platform which allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), MAY be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is ALWAYS ENCRYPTED during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
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 colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour 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.
All product images are used with the permission of the originator and remain the copyright of the originator. This does not affect your statutory rights.
Please note, under no circumstances can back orders for dropshipped items be accepted. We use new and recycled packaging for sending our orders. The price of an item includes standard delivery. This is a standard delivery per order to UK mainland addresses only excluding Highlands and Islands locations which are subject to a surcharge. Multiple items can be combined for a single customer in one order providing these are going to the same address. We provide you with product information on the website. If there is anything, which you do not understand, or if you wish to obtain further information, please contact the Customer Service Team by using the Contact page of this website.
Prices on the website are in Pound Sterling and do not include VAT. Currently we do not charge any VAT.
We do not sell products to end-customers based outside of the UK.
Every effort is made to ensure the prices shown on the website are accurate at the time of placing an order. If an item has been under-priced in error, we will contact you and offer the following three options:
Placement of a new order at the correct price of the goods;
Cancellation of the whole order;
Cancellation of your order for the mis-priced goods and reconfirmation of your order for the correctly priced goods.
If you do not choose one of the three available options within 14 days, your order will be cancelled. Any payment received from you with respect to the cancelled item(s) will be credited back to your original method of payment.
Standard delivery only includes most UK mainland addresses.
You will need to place a separate order for each end-customer you wish to send goods to. You can order multiple items to go to a single consumer and thus save on delivery costs.
Delivery will be made to the address specified when you complete your order. Changing the delivery address is not possible if the item has already been dispatched (please enquire).
Orders will be delivered within 3-7 working days after despatch excluding bank holidays. However, AnimaxUK limited will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery.
If the delivery of the order is refused, or it fails due to you cancelling the contract, AnimaxUK limited will refund you within 30 days for any sum that has been paid by you with respect to the goods less the relevant delivery and return fee and our restocking fee of £10. By exercising your right to cancel, you are required to return the goods, at your own cost, to AnimaxUK limited. Our restocking fee of £10 will be deducted from your refund.
All our deliveries are made by standard delivery. We may use various delivery providers, e.g. Royal Mail, Hermes etc. Postage proof will be provided upon request. Please ensure you provide a delivery address where someone will be available to receive the delivery between 7am and 7pm, Monday to Saturday. If the postman is unable to complete a delivery due to nobody being present, a calling card will be left asking you or your end-customer to contact them directly to arrange a re-delivery. If you or your end-customer do not contact the delivery provider within 2 days of receiving this card, the goods will be returned to us and both a re-delivery charge and restocking charge will be applicable to your order.
Once your goods have been delivered, the risk of damage or loss of the item passes to the end-customer.
If you are eligible for a refund, we will refund you back to the method of payment you used when you originally paid for your order. Refunds can take up to 10 working days to process.
If you receive goods that are faulty or incomplete on arrival, you must notify us within 24 hours of receipt of the item in writing by using the Contact page of this website. If the fault is verified, we will replace the item within 7 working days at no additional cost to you. We do not cover faults caused by accident, neglect, misuse or normal wear and tear. Delivery damage is also not covered unless the product is clearly signed for as "damaged" at the point of acceptance by the end-customer.
ITEM(S) DAMAGED ON ARRIVAL
In the unlikely event of your end-customer receiving a damaged product, you should notify us in writing by using the Contact page of this website within 24 hours of receipt of the goods. If the damage is verified, we will replace the item within 5 working days at no additional cost to you. Please note that a condition of the delivery service providers used to transport our items is that all goods be checked on delivery and signed for as damaged if any damage is present. Acceptance of goods without checking indicates acceptance in good condition. No claims will be entertained by our delivery providers where products are found to be damaged but no damage was noted at the point of delivery. It is important to ask your end-customers to check thoroughly on delivery and ensure that if the product is damaged in any way that they indicate as such when signing for the item.
In order to return products, please first contact us via our Contact page on this website. The restocking fee is £10. The products must be in the original packaging and original condition or extra charges may apply. The return of any items is your responsibility. Returns are only accepted if they are received within 30 days of the original delivery. Before returning any items, you must inform AnimaxUK limited of the reason for the return.
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, per household or per 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 e-mail 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 with unclear intentions.
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.
Payment can be made by Credit/Debit card or PayPal and shall be due before despatch of goods. If your payment fails your order will be cancelled, unless you contact to specify otherwise. All transactions will be in pounds sterling. Non-UK credit card providers and banks will determine the exchange rates to be applied and may apply an additional processing charge in relation to such payments which non-UK card holders will be liable to pay.
No goods will be despatched until payment has been made in full, and the funds have cleared.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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, libellous, 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 right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous 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 e-mail 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.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
AnimaxUK limited will not be liable to you for any loss or damage in circumstances where:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may remove the service for indefinite periods of time or cancel the service at any time for any technical reason of failure, without notice to you. We will notify all Merchants in advance if we know such temporary cancellation of service is expected for technical reasons.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall AnimaxUK limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless AnimaxUK limited 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 of Service 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 of Service, 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 of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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 of Service 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 England and Wales.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 by using the Contact page on this website.