Welcome to the Fairy Flips Online Store ("the Store") which is part of the website www.fairyflips.com (the "Site") (collectively, "the Website"). These Terms and Conditions, the terms and conditions relating to the use of the Website, together with the Privacy Policy [link to Privacy Policy], apply to the use of the Store and the purchase of products ("Products") from the Store.

By using the Store, you ("You") accept, without limitation or qualification, the Terms and Conditions set out below.

IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT OR GUARDIAN MUST REGISTER WITH THE STORE ON YOUR BEHALF AND MAKE ANY PURCHASES ON YOUR BEHALF. IN THIS CASE, THE PARENT OR GUARDIAN WILL BE BOUND BY THESE TERMS AND CONDITIONS AND ALL REFERENCES TO "YOU" WILL BE INTERPRETED ACCORDINGLY. 

These Terms and Conditions tell You the terms and conditions on which we supply any of the Products available on the Store to You. Please read these terms and conditions carefully before ordering any Products from the Store. You should understand that by ordering any of our Products, You agree to be bound by these Terms and Conditions.

If You do not agree to these Terms and Conditions, You should exit the Store and not seek to make any purchases from the Store.  You may print these Terms and Conditions, for Your records.

We reserve the right to change these Terms and Conditions at Our sole discretion. We will notify You of any material changes to the Terms and Conditions by publishing a notice of such changes on the home page of the Store. Your continued use of the Store implies that You accept to be bound by any updated version of the Terms and Conditions.

1.1 The Store is part of the Fairy Flips website www.fairyflips.com, and is operated by Bobtuna Limited ("Us"/"We"/"Our").

1.2 Bobtuna Limited is a company incorporated in England and Wales with company number 05925561 whose registered office is at Third Floor, 20-23 Greville Street, London, EC1N 8SS. Our VAT number is 888688919.

2.1 You will need to register with the Store to place an order for Products. We are not under any obligation to accept a request for registration or subscription and reserve the right to suspend or terminate access at any time if Your continued use is believed to prejudice Us or other users of the Store.

2.2 In return for allowing You to use the Store and benefiting from Our services, You agree that any information You provide to Us about yourself at any time will be true, accurate, current and complete and that You will ensure that this information is kept accurate and up to date.

2.3 You will not impersonate any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image, photograph, or provide false details for a parent or guardian, where Our registration process requires such information.  You acknowledge and agree that we may take steps to verify the accuracy of information You provide.

2.4 You also agree to promptly notify Us of any unauthorised use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the Store. 

2.5 If You do not comply with the requirements of this Condition 2, any contractual obligation We have is immediately null and void.

3.1 If You are under 18, You must ask Your parents or a guardian before You:

(a) E-mail the Store, or ask Us to e-mail anything to You; or

(b) Send any information to Us;

3.2 If You are under 18 and You wish to buy any Product from the Store, Your parent or guardian must register with the Store and buy the Product(s) on Your behalf.

 

4.1 The Products displayed in the Store are displayed on an invitation to treat basis and are available only subject to Our acceptance of Your offer.

4.2 After placing an order, You will receive an e-mail from Us acknowledging that We have received Your order. Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Product. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send You the Dispatch Confirmation.  

4.3 The [Help Section] of the Store tells You how to order and pay for Products. It also addresses any other questions You might have about delivery of Your Products and Our quality assurance.

4.4 We reserve the right to decline orders for bulk or high value purchases or any other purchases for any reason whatsoever and also to change price and availability information without notice.

5.1 If You are contracting as a consumer, You may cancel a Contract at any time within seven working days, beginning on the day after You received the Products. In this case, You will receive a full refund of the price paid for the Products in accordance with Our refunds policy [Link to condition 9].

5.2 To cancel a Contract, You must inform Us in writing. You must also return the Product(s) to us immediately, in the same condition in which You received them, and at Your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in Your possession. If You fail to comply with this obligation, We may have a right of action against You for compensation.

6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

6.2 The Products displayed in the Store are subject to availability.

7.1 The Products ordered will be at Your risk from the time of delivery.

7 .2 Ownership of the Products ordered will only pass to You when We receive full payment of all sums due in respect of the Products, including delivery charges.

8.1 The price of any Products will be as quoted on the Store from time to time, except in cases of obvious error.

8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due at the amount specified.

8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent You a Dispatch Confirmation.

8.4 Payment for all Products must be by credit or debit card. Through Our payment processing vendor WorldPay, We accept payment with Visa, Mastercard and Maestro. We will not charge Your credit or debit card until We despatch Your order.

9.1 When You return a Product to Us:

(a) because You have cancelled the Contract between us within the seven-day cooling-off period (see Condition 5.1 above), We will process the refund due to You as soon as possible and, in any case, within 30 days of the day You have given notice of Your cancellation.  In this case, We will refund the price of the Product in full, including the cost of sending the item to You. However, You will be responsible for the cost of returning the item to Us; or

(b) for any other reason (for instance because You claim that the Product is defective), We will examine the returned Product and will notify You of Your refund via e-mail within a reasonable period of time. Where a refund is due, We will usually process the refund due to You as soon as possible and, in any case, within 30 days of the day We confirmed to You via e-mail that You were entitled to a refund for the defective Product. Products returned by You because of a defect, where such a defect is proved upon examination by Us, will be refunded in full, including a refund of the delivery charges for sending the item to You and the cost incurred by You in returning the item to Us.

9.2 We will usually refund any money received from You using the same method originally used by You to pay for Your purchase

10.1 We warrant to You that any Product purchased from Us through the Store is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

10.2 Our liability for losses You may suffer as a result of use of, or inability to use, the materials in and/or facilities or services offered through the Store is strictly limited to the amount paid by You, if any, for accessing the Store or the purchase price of any Product You purchased from the Store, whichever is greater.

10.3 This does not include or limit in any way Our liability:

(a) for death or personal injury caused by Our negligence;

(b) for fraud or fraudulent misrepresentation; or

(c) for any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.

10.4 To the fullest extent permitted by law, We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings; or

(e) loss of data.

These Terms and Conditions are effective as of May 2008. We reserve the right to change the Terms and Conditions at Our sole discretion. You will be informed of any such change by the posting of new Terms and Conditions on the Store and the effective date of any change will be clearly marked. If material changes are made to the Terms and Conditions, a notice will be published on the home page of the Store notifying users that such changes have been made.  By continuing to use this Store after the publication of such a notice, You are indicating Your acceptance of those changes.

We treat Your privacy very seriously. Our Privacy Policy [link to policy] provides details about the type of information We may collect from You and details of how We may use this information. You are asked to read Our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which Your personal data is handled.

We will use all reasonable endeavours to ensure that the Store is fully operational at all times. However We cannot guarantee that the Store will be fault free. In particular, access to the Store may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

14.1 We will not be liable for or held responsible for any delay or failure to comply with Our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond Our reasonable control, including, without limitation, acts by third parties such as network providers.  We reserve Our right to restrict, suspend or terminate Your use the Store or any of Our services at any time if We believe, in Our absolute discretion, that You have breached these Terms and Conditions.

14.2 You agree to indemnify, defend and hold Us, Our directors, employees, information providers, licensors and licensees, officers and partners, (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these Terms and Conditions. You will co-operate as fully as reasonably required by Us, in defence of any claim. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter and You will not in any event settle any matter without Our written consent.

We may add, change, discontinue, remove or suspend any other content displayed on the Store, including features and specifications of Products and services described or depicted on the Store, temporarily or permanently, at any time, without notice and without liability.

If You have any complaints or comments about the Store or any of the Products supplied to You, please contact Us at the address in condition 11.4 or using the e-mail address salesmanager@bobtuna.com.

17.1 These Terms and Conditions, the terms and conditions relating to the use of the Website, together with our Help Section and Privacy Policy [Link to both these pages] contain the full and complete understanding between You and Us in relation to the Store and the purchase of Products from the Store. No other advice or information, whether oral or written, obtained by You through or from the Store or from any conversations with Our staff will operate to vary these Terms and Conditions.

17.2 The Terms and Conditions together with our Help Section and Privacy Policy and all Contracts made under them will enure for the benefit of Our successors and assignees, where relevant.

18.1 While We make every effort to ensure that all information displayed on the Store is correct, occasionally a typographical error can occur or merchandise pictured will be different from the actual item due to various quality and packaging issues. In such an event, We will inform You of any known discrepancies when You place Your order or as soon as possible thereafter. We reserve the right to cancel or modify promotions at any time due to system or typographical error, fraud or other unforeseen problems. We reserve the right to change prices on the site at any time.

18.2 We do not represent or warrant that the information and/or facilities accessible via the Store are accurate, complete or current, or that the Store will be free of defects, including, but not limited to, viruses or other harmful elements. You assume all costs arising as a result of the use of the Store. We reserve the right to suspend or withdraw the whole or any part of the Store at any time without notice and without incurring any liability.

These Terms and Conditions and any Contracts made under them are governed by and will be governed and construed in accordance with the laws of England and Wales whose courts will be courts of exclusive competent jurisdiction. We make no representation that materials on the Store appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access the Store from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms and Conditions will in any way be deemed to restrict or affect Your statutory rights under English law.

All rights reserved. ©Bobtuna Limited 2008.

Any unauthorised reproduction for commercial purposes of any content of this Website is a violation of Bobtuna Limited rights. Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for Your own personal non-commercial home use.

All names and logos, including any graphics are the property of Bobtuna Limited. Bobtuna Limited will bear no responsibility whatsoever for third parties unauthorised copying of any material of this website or for any material posted to this website by its users.