Everyone has to have T’s & C’s
General Terms & Conditions
Images – Even though images are not the exclusive property of Fairies R Us, the images in use on our website have been digitally remastered at our expense, and as such may not be copied or used without our express consent in writing. All images have been watermarked and can be identified as such.
We may change any of these terms at any time by updating the Fairies R Us website. If you have any questions about our legal terms, please contact us.
General Terms & Conditions
The Terms and Conditions set out constitute the whole Agreement between the parties, relating to the purchase of products from Fairies R Us, by the Customer.
The parties acknowledge that there are no understandings, representations, terms, obligations, liabilities or claims between Fairies R Us and the Customer in regard to the subject matter of the Agreement or prior dealings between the Parties in relation thereto, other than that contained in the Agreement.
Fairies R Us is not currently VAT registered, and as such VAT has no bearing on the listed price.
Shipping costs are not included in the listed price.
Full payment is to be provided by the Customer before Fairies R Us will begin procedure to ship the selected products.
If payment is not made, or proof of payment is not presented upon request by Fairies R Us, no products will be shipped or delivered.
Fairies R Us reserves the right to replace items with an equivalent, based upon availability, without notice. Such substitution will not negate the purchase agreement, nor will it impact upon the stated purchase price.
Fairies R Us accepts no liability for items which are damaged through shipping, and will not replace, nor grant consideration for, such items.
Use or consumption of products is at the Customers own risk. Fairies R Us will not be held liable for any allergic reaction, injury, damage, or loss incurred by the Customer through use of the products purchased.
Whilst every effort is made to ensure that the Fairies R Us website is secure, Fairies R Us will not be held liable for any dissemination of personal details through use of the Fairies R Us
website, including but not limited to phone number, email address, delivery address, financial details etc.
It is the Customers responsibility to provide Fairies R Us with the correct delivery address. Any liability incurred through the incorrect address being provided, including loss, additional cost etc. will be borne by the Customer.
In the event that the order is cancelled by either party, Fairies R Us shall be entitled to receive the amounts payable in respect of any and all expenses incurred in the process of fulfilling such order. In the event that either Party is delayed in performing any of their respective obligations, and such delay is caused by acts of God, war, riots, civil insurrection, acts of foreign enemies, strikes or lockouts, acts of civil or military authority, fires, floods, earthquakes or tempests (“force majeure”) such delay shall be excused and that Party shall
not be considered in default of its obligations.
We grant you a limited licence to use the Fairies R Us website.
We may cancel your licence if you breach any of these terms.
You may not frame the Fairies R Us website.
You agree to the terms on the basis that you have the capacity to visit the Fairies R Us website.
You promise that you will give the Fairies R Us website only accurate information.
We or our third-party licensors own all rights in the Fairies R Us website.
All our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners’ property.
You may not change, hire out, reverse engineer, or copy the Fairies R Us website without our permission.
You use the Fairies R Us website at your own risk, and we make no warranties about it.
You indemnify us against any liability related to your use of the Fairies R Us website.
Direct damages limited
Our maximum liability to you for all claims for direct damages related to the Fairies R Us website is R200.00
We will never be responsible for any indirect damages.
Terms of sale
These terms cover any transactions where we provide goods to you through the Fairies R Us website.
We are the vendor under these terms. You are the customer under these terms.
These terms commence when you accept them and continue until terminated.
You place orders with us on the following basis:
You confirm that you have the legal capacity to enter into the transaction;
We only conclude an agreement when we dispatch our goods to you;
We may cancel any order, but we will refund any money you have paid if we do;
We conclude an agreement where you are domiciled; and each order is a separate agreement, but you breach all of them if you breach one.
We sell the goods to you on the following basis:
You will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
We will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable, and you may not cancel an order if we do not do so timeously;
Risks related to the goods pass to you on delivery;
Ownership in the goods passes to you on payment of the fees in full;
You have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
We may own intellectual property rights in our goods, and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
Fees and payment
You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
Direct damages limited
We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
Indirect damages excluded
We are not liable for any other losses that they may cause you.
Please don’t breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to
us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
Notices and domicile
We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each other’s email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
The agreement is the entire agreement between the parties on the subject.
If we change this agreement by updating this web page, any changes will only apply to future orders.Governing law. South African law governs this agreement.
You consent to the jurisdiction of the Magistrate’s Court.