Please read these Terms and Conditions carefully before using the Digital Fairy online store. By placing an order with the Digital Fairy online store you acknowledge that you have read and have agreed to these Terms and Conditions. If you are unhappy with any aspect of these then you should contact us at firstname.lastname@example.org before placing your order.
We may, and we reserve the right to, modify these Terms and Conditions from time to time. Any changes made after you have placed an order will not affect that order unless we are required to make that change by law, in which case such change is deemed to be incorporated into these Terms and Conditions. The headings below are used for convenience and shall not affect the interpretation of these Terms and Conditions.
The Digital Fairy
The Digital Fairy is the trading name of Digital Fairy Limited, a private company with limited liability registered in England and Wales under company number XXXXXX with registered address at XXXXXXX. The Digital Fairy is registered for VAT with VAT numberXXXXXXX.
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. All contracts are made and shall be conducted in the English language.
PRICING AND VAT POLICY
Prices shown on the website are in British Pounds Sterling (£) and are inclusive of VAT at the applicable rate. All prices and offers remain valid as advertised from time to time. If you are a customer whose credit/debit card is not denominated in British Pounds Sterling, the final price may be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
All Product prices shown on our website are inclusive of any applicable UK VAT. This means that the total price you pay for the product/s is always the same, regardless of whether or not UK VAT is chargeable on our sale of the product. VAT isn’t charged for goods and services delivered outside the EU, but we maintain one price for each item on our website.
ORDERS AND PAYMENTS
All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers. Once you have made your choice and your order and purchase has been made, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Digital Fairy will be completed when we email you to confirm the goods have been dispatched. We reserve the right not to accept your order in the event, for example, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn. In the unlikely event that this happens you will be refunded.
Payment will be debited and cleared from your account at the time of your order. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, you will not be able to place the order. To avoid delays to your order, please ensure that your billing address matches the address on your card statement, and that the cardholder’s name is written exactly as it appears on the card. Please also ensure that your contact details are filled in accurately so that we can contact you if necessary. All credit/debit card transactions are processed through our payment partner Shopify.Com, a secure online payment gateway that encrypts your card details in a secure host environment. Digital Fairy does not store any of your credit/debit card details on our systems.
IMPORT DUTIES AND TAXES
Please note that your order may be subject to import duties and taxes over which we have no control. As the customer and importer of the goods, you will be responsible for these charges. Import duties or tax costs will be invoiced to you directly from the appointed forwarder and not Digital Fairy. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. Digital Fairy cannot be responsible for any delays on goods that have been held back as a result of procedures carried out by your local customs authorities. Please see the shipping guide for current delivery costs and delivery dates.
DELIVERY AND RETURNS
Our Delivery and Returns Policy as set out on this website is incorporated into these Terms and Conditions.
OWNERSHIP OF CONTENT
All intellectual property and rights in and to this website are owned by or licensed to The Digital Fairy Limited. Any use of this website or its contents other than for the purpose for which it has been created by Digital Fairy Limited is prohibited without the prior written permission of Digital Fairy Limited. It is not permitted to modify, distribute or re-post anything on this website for any purpose.
ACCURACY OF CONTENT
We take care to ensure that the description of our products is accurate. However, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
You have certain rights under the law which include that any product you order through this website will be of satisfactory quality, fit for its intended purpose and will conform to any description given on this website to it. You also have the right to certain remedies if a product is defective and have a right to cancel any order for a product within fourteen calendar days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective. Nothing in these Terms and Conditions is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
Subject to your rights under the law of the contract between us, we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of a breach of these Terms and Conditions. We shall only be liable for losses up to 100% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us. We are also not responsible for failure to meet any of our obligations under the Terms and Conditions where such failure is due to events beyond our reasonable control.
If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term or condition will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. No waiver by us of any of these Terms and Conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing. A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. This website, these Terms and Conditions and any contract entered into as a result of use of this website shall be governed by and construed in accordance with English Law. We both agree to submit to the exclusive jurisdiction of the courts of England and Wales.