Terms and conditions

Overview

This website is operated by Emerald Faerie. Throughout the site, the terms “we”, “us” and “our” refer to Emerald Faerie. Emerald Faerie offers this website, including all information, tools and services available from this site to you, the user, 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 hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, 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 woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – 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 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.

Section 2 – General Conditions

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.

Section 3 – 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.

Section 4 – 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.

Section 5 – 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 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 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.

Section 6 – 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.

Section 7 – Payment terms

Seller requires a deposit of 50% of the total purchase price for all purchase orders upon Buyer’s placement of the order. After 48 hours of Seller’s receipt of the deposit, the deposit will be NON-REFUDABLE. Purchase orders received without a deposit are generally held from production pending the receipt of the payment. Unless different payment terms have been extended to Buyer in writing, payment of the balance is due upon completion of the order, prior to shipping. Seller will send a notification to Buyer that the order is complete, together with an invoice noting balance of the purchase price due upon receipt, and, Buyer shall promptly remit payment of the purchase price balance to Seller. The payment remittance address and payee will be listed on the invoice. For all orders completed and not paid-in-full within two weeks of estimated completion date, item will be restocked and buyers delivery date will be reset to the full current lead time

For more detail, please review our Returns Policy.

Section 8 – 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.

Section 9 – 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.

Section 10 – 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.

Section 11 – Personal Information

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

Section 12 – 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.

Section 13 – 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.

Section 14 – Limited Warranties; Limitation Of Liability

Products are sold with a limited warranty against manufacturer defects in materials and workmanship for a period of one year from the delivery date. Seller reserves the right to repair or replace defective Products at its sole discretion. This limited warranty does not extend to other materials supplied by the Buyer or damage caused by shipping, accident, abuse, misuse, negligence, cleaning, or normal wear and tear. This warranty applies to the original Buyer only and is not transferrable. All other warranties express or implied are excluded. Seller reserves the right to modify its limited warranty at any time in its sole discretion.

In no case shall Fiona Gall, Emerald Faerie, 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.

Section 15 – Indemnification

You agree to indemnify, defend and hold harmless cinderlab 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.

Section 16 – 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.

Section 17 – Cancellations

The buyer must provide Seller with a written request for any cancellation. Seller will attempt to accommodate requests for cancellations but cannot guarantee stoppage of shipment for stocked product. All deposits are non-refundable after 48 hours of receipt. If work has been performed, any costs incurred by the seller  will be charged to the buyer, which may include a cancellation charge up to the price of the product.

Section 18 – Entire Agreement

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.

Section 19 – Governing Law

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 GB.

Section 20 – 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.

Section 21 – Confidentiality

All pricing, drawings, plans, disclosures, specifications, patterns or technical or business information furnished at any time to Buyer by Seller shall remain the sole property of Seller. Buyer shall hold all such information in strict confidence, shall not use or divulge to any third person or entity any such confidential information, and any and all copies of such confidential information shall be returned to Seller promptly upon Seller’s request.

Section 22 – Contact Information

Questions about the Terms of Service should be sent to us at shop@emeraldfaerie.com

Returns & Refunds

We hope that you are delighted with your purchase, however if you are not we will happily organise an exchange or refund for you, providing you notify us in writing  within 48hrs from date of purchase.

Shipping charges (including return shipping) are non-refundable.

Exemptions

The following items are non-cancellable, non-refundable and non-exchangeable:

-Personalised items that are specially made, or ordered, with your choice of name, message or other customised aspect that makes the item unique to your requirements and therefore cannot be re-sold.

-Sale Items (unless faulty)

We strongly advise you to thoroughly check your goods upon receipt. To protect your interests, any claim concerning short delivery and/ or damaged goods and/ or defective goods found on delivery must be notified on the delivery date via email at shop@emeraldfaerie.com or by phone +44 (0) 7769793063. We do not accept any claims for damage caused by you the customer.

How To Exchange Or Refund A Product

To arrange an exchange or refund, please email shop@emeraldfaerie.com quoting your order number, name and address, details of the product, the reason for return (this helps us improve our offering) and whether you require a refund or replacement. We will then advise on next steps.

We will require you to return the goods in their original, unworn, unused condition and in the gift box / packaging that they came in to the address below:

Returns: Emerald Faerie
Unit DG Bow Arts Trust Studios
183 Bow Road
London
E3 2SJ

The item is your responsibility until it reaches us and so for your own protection, we recommend that you return the item via Royal Mail registered delivery or other ‘signed for’ service, and you should also obtain proof of postage. We cannot be held responsible for returns that are lost in transit.

If you are returning an item to us for a refund or an exchange, the cost of returning the item to us is your responsibility. However, where the item you received was sent in error or we deem as faulty, then we will refund your postage costs (providing we are notified of the fault within the timescales detailed above).
We will not exchange goods that have been worn, do not have their original packaging or show obvious signs of wear or abuse. In this instance, the goods will be returned to the buyer.

In the interests of fraud prevention, your refund will be issued by the same method that you paid within 28 days of receipt of the return.

Late Or Missing Refunds

If you haven’t received your refund within 28 days of returning the goods, first check your bank account again. Then contact your credit card company as it may take some time before your refund is officially posted.

If you have any further questions about our returns policy,
please email shop@emeraldfaerie.com
or call us on +44 (0) 7769793063

Our office hours are Monday – Friday, 10am – 5pm (GMT)

Privacy & cookies

Emerald Faerie  respects your rights to privacy.

Emerald Faerie utilizes the following practices in regards to any information Emerald Faerie is provided or obtains about users of Emerald Faerie’s website located at www.Emeraldfaerie.com(the “Site”).

Collection and Use of Information

Unless you provide additional information, Emerald Faerie collects only the following non-personal information as you browse through the Emerald Faerie web site: 1) the domain name and browser you use to access the Internet; 2) the IP address of your computer; 3) the date and time of your visit; 4) the pages you visited; and 5) the address of the web site you visited immediately prior to visiting the Emerald Faerie site.

In order for you to register with the Site, fulfil transactions or receive services through the Site, Emerald Faerie may require you to provide more detailed information. Common items may include without limitation your name, mailing and email addresses and telephone number. When you purchase a product or service from Emerald Faerie, or enter your name in a contest through the Site, Emerald Faerie may collect your such personal information as commercially or logistically necessary to complete your request. This information can include personal information relevant to your relationship to Emerald Faerie. This information can also include the credit card type, number and expiration date and other relevant information relating to any order for goods or services you place through the site.

By accessing the Site, you are agreeing to allow Emerald Faerie to collect and utilize your information for any lawful purpose, including without limitation to complete all transactions you request through the Site and to disclose that information and details of all such transactions to Emerald Faerie various board committees and/or any necessary payment processors. Because of the nature of the Internet, your data may pass through any country.

Emerald Faerie may send you promotional and informational materials using the email or mailing address you provided on the registration screens on the Site or via cookies. From time to time Emerald Faerie may notify you of special promotions, new products or services or other information that may interest you. Emerald Faerie will not send you this type of information if you inform Emerald Faerie you do not wish to receive such materials.

Except as otherwise set forth in this Privacy Policy, Emerald Faerie does NOT disclose any information you provide to Emerald Faerie with any entities outside Emerald Faerie, its affiliates or payment processors, unless required by law enforcement agencies or otherwise required by law.

Emerald Faerie reserves the right to disclose information acquired through the Site to such law enforcement agencies, when Emerald Faerie believes, in good faith, that such disclosure is reasonably necessary to protect the rights, property or safety of other persons, or to comply with any.

Cookies

When you visit the Site, Emerald Faerie may place a record called a “cookie” within the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. In most cases, this information is temporary in nature (called session cookies) and is deleted as soon as you leave the Site and close your browser. The use of session cookies is solely for the purpose of allowing you to interact with the Site in an effective manner. In a few cases, the Site uses cookies to store information for a longer period than the current session (called persistent cookie). In those cases, the web page is clearly noted and the user can choose not to use that web page feature. Cookies enable the Site to recognize the information you have consented to give to the Site and help Emerald Faerie determine what portions of the Site are most appropriate for your needs. Emerald Faerie does NOT use cookies to examine your surfing behavior before or after leaving the Site.

Outbound Links

The Site contains links to third-party websites that are not under Emerald Faerie’s control. Emerald Faerie’s Privacy Policy does not apply to the practices, policies or content of any website that may be linked to or from the Site. Emerald Faerie makes no representations whatsoever about any other website to which you may have access through the Site. When you access a website other than Emerald Faerie’s Site, you do so at your own risk. Emerald Faerie is not responsible for the accuracy or reliability of any information, data, opinion, software, advice, content or statements contained on third-party websites, or for the quality of any products or services available on these websites. Emerald Faerie provides links to third-party websites merely as a convenience to you and the inclusion of such links does not imply that Emerald Faerie endorses, recommends or accepts any responsibility for the content or use of such third-party websites.

No Liability

Emerald Faerie will use commercially reasonable precautions to protect from misuse any information that Emerald Faerie collects from you through the Site. However, Emerald Faerie does not guarantee that any such information will not be misused or disclosed to third parties by means beyond our control. Emerald Faerie will not have any liability to you for any such misuse or disclosure.

Additional Information

If at any time you (i) believe that Emerald Faerie has not followed this Privacy Policy, (ii) would like to revise the information you provided to Emerald Faerie, (iii) feel that what Emerald Faerie currently has on record is incorrect or (iv) would like your information to be removed from Emerald Faerie’s system, email Emerald Faerie at shop@emeraldfaerie.com  and Emerald Faerie will make reasonable efforts to identify and correct the problem. Emerald Faerie may change this Privacy Policy from time to time at its sole discretion without notice. Your use of the Site will be subject to the most current version of the Privacy Policy posted on the Site at the time of such use. Visitors to the Site are bound by both this Privacy Policy and the Terms and Conditions, and you are advised to read them both thoroughly.