terms and conditions

OVERVIEW

Welcome to Fairy Ways.

By using this site you are agreeing to follow and abide by our Terms and Conditions, and Privacy Policy. We may revise the Terms and Conditions and Privacy Policy at any time without notice to you. Throughout these Terms, we will refer to ourselves as 'fairy ways', ‘us’, ‘we’, or ‘our’. If you have any questions or concerns, please contact us by emailing thefairyways@gmail.com.

By placing an order you are indicating your acceptance of these terms and conditions. That you are an authorised user of the credit or debit card used to make your purchase and that there are sufficient funds to cover the cost of the goods. It is your responsibility to inform us of any changes to these details as soon as possible. These Terms of Service apply  to all users visiting and purchasing from the site.

Please read these Terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and conditions. You can review the most current version of the Terms and conditions at any time on this page. 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 Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

AVAILABILITY OF STOCK

Every single handmade creation here is infused with loving intention, intuitively selected for the receiver and made to order. Please consider this when ordering, and allow a week for creation plus shipping.

If you see something you want for a special occasion we recommend you order it well in advance as the nature of handcrafted stock means we do not have a lot of each piece, and it takes time to create.

PRODUCT - The nature of the contents

All items are described and photographed as accurately as possible, however all items are handmade and change according to nature’s seasons, therefore these items will never be identical to those pictured or to each other.

We try to keep all materials as natural as possible with preservation for our environment in mind. Many of the items included and created are consciously and respectfully foraged from nature. Nature isn’t perfect, so there will be variations in sizing. This also means that certain items will not keep their colour eg: dried petals and moss will fade over time. 

All items are delicate and will not survive rough play. Please view section on ‘Age appropriateness’.

All books used are second hand, and may have imperfections as a result. This is intended for a ‘nostalgic’ style aesthetic, along with sustainability in mind. 

Please check the measurements in the product descriptions, these should be accurate to within 1-2cm unless otherwise stated and where possible we will show children or other objects to indicate scale. 

Due to computer configurations, colours shown on your monitor may be different from the actual colour of the items. 

Feel free to contact us before purchasing if you need any additional help.

PRODUCT SAFETY

Most products on our site may pose a choking hazard to children aged under 3 OR children who are likely to mouth objects. 

Many items contain foraged natural materials, including wood. Whilst most wooden items are sanded down, there is always a possibility of things like splinters, or rough edges. Some dried stems may feel a bit spikey.

Some products on our site include small glass bottles. Care must be taken to avoid broken glass.

Jiffy Pellets are included in some instances. We recommend handling with these with gardening gloves.

Nothing included in all items on our site is edible.

In some products on our site, fairy lights are included. They do not have batteries - they take 3 x AA, so might be a good idea to get some prepared.  

Copper Fairy Lights Safety Notice:

As with all electronics, (We take them out of the box they come in to make them look beautiful), there are the usual safety notes that go with them and we feel obliged to pass them on. So here goes: Install batteries to correct polarity. Do not mix different types of new or used batteries. Installation by adult recommended. Dispose of batteries responsibly. Do not dispose of in fire. Choking hazard! small parts, not suitable to children under 3 years. For decoration only. This is not a toy. To prevent an electrical short circuit, avoid damage to the protective coating on the copper wiring of the string lights.

AGE APPROPRIATENESS

On each product page of this site, a very general age rating has been provided. However, as each child develops differently and at different stages, this is purely a guideline. We advise mandatory adult supervision at all times or removal of these pieces from play until they are appropriate. You, the purchaser, agree that you are ultimately responsible for ensuring you select items that are suitable for the child you are gifting these products to.

Fairy Ways promotes imagination an enchantment through creative storytelling. Stories told are tailored to the age provided when purchasing the product. 

PAYMENT

Currency - All prices quoted are in NZ dollars

We accept most major credit cards & can also arrange internet banking for online orders - please contact us if you'd prefer to do a bank transfer.

Credit Card payments are processed by Stripe. Stripes privacy policy can be found on this external link.

GENERAL CONDITIONS

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.

We reserve the right to refuse service to anyone for any reason at any time.

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 

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 Returns Policy.

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 anytime 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.

USE OF  E-COMMERCE SERVICES

You agree not to use our E-Commerce Services for any improper, injurious, offensive or unlawful purpose. 

In using our E-Commerce Services, you represent and warrant that you are over 18 and have legal capacity to contract in New Zealand. If you are using a credit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all charges incurred through the use of our E-Commerce Services. 

Upon completing a transaction using our E-Commerce Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. You should print the transaction confirmation for future reference and your files. We shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing E-Commerce Services or for loss of data or information caused by factors outside of our control. 

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 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.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

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, 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 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 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 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.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

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.

PROHIBITED USES

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

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 from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

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 Fairy Ways, 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.

JURISDICTION

These terms and conditions and the online services they cover are governed by New Zealand law. All transactions which occur through our E-Commerce Process occur in New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand Courts.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fairy Ways 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.

SEVERABILITY

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.

TERMINATION

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 and conditions are effective unless and until terminated by either you or us. You may terminate these Terms and conditions 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 and conditions, 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).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and conditions shall not constitute a waiver of such right or provision.

These Terms and conditions 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 and conditions).

Any ambiguities in the interpretation of these Terms and conditions shall not be construed against the drafting party.

GOVERNING LAW

These Terms and conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Auckland, New Zealand.

CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 and conditions constitutes acceptance of those changes.

COPYRIGHT

All content within this web site, included but not limited to text, logo, graphics and images are the property of Fairy Ways or its content suppliers. Transfer, download, reproduction, copy, or republish of all content within this site are strictly prohibited without prior written approval. For more information please visit the Copyright Council of New Zealand (www.copyright.org.nz)

Item Pictures All pictures used from www.fairyways.co.nz must be credited and you must receive prior written approval before they are used.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at thefairyways@gmail.com