TERMS OF SERVICE
The following are the terms and conditions (called "these Terms") apply to all sales of goods by us and replace any previous terms and conditions. The Company intends to rely upon these Terms. This is to avoid any misunderstandings as to what we and you are expected to do. It is important that you read and understand these Terms before ordering from us. If there is any term that you do not understand please notify us via our customer services department. to avoid any misunderstandings, any changes to these terms to be effective must be in writing and signed by an authorized Sapphire Fairy representative.
These Terms of Service refer to the use of Sapphire Fairy's website; for the terms covering the sale of goods through Sapphire Fairy's website please see Terms of Sale.
Please read through the Terms carefully before placing your order, and if you are ordering from our website print a copy for future reference.
We reserve the right to change these Terms from time to time without notice. However, any changes will only apply to any subsequent orders received.
Purchasing from our website or catalogues:
You must be over 18 to buy anything from us. By purchasing from us you confirm that you are over the age of 18.
Your order constitutes an offer to purchase goods from Sapphire Fairy. No contract for such goods is formed until we accept the order by shipping the goods to you.
It is your responsibility to verify that your email address is correct and working. You assume the risk of all consequences for transmission or operational failures.
Please note that by sending us your order, you allow us to use your personal details in order to supply the goods to you (which may involve passing them on to relevant third parties such as delivery firms), for marketing and other purposes. We will ask for your permission if we wish to use your details for any other reason (and you may ask us in writing to remove your details from our system by writing to us at our address). We will not sell your details onto a third party.
The price shall be the price quoted on the website except for when we make an error. If we have made an error, then we will inform you of this as soon after you have placed your order as possible and will tell you the correct price, asking you if you still wish to place your order with us. If we have not heard back from you within 7 days, then we will presume that you did not want to place your order again with us and we will give you a full refund if you have already paid.
You may be required to pay extra for shipping and delivery and this charge will be added at the checkout page.
Payments and Delivery:
Payments can be made by Visa, MasterCard or American Express credit cards, debit cards and prepaid cards. Your charges will be billed as 'Sapphire Fairy', or if you choose to pay with a card through PayPal it will show up as 'PayPal *SFToys' on your card statement. Your card will be charged as soon as your order has been placed.
We will deliver to the address given to us by you when you place your order. We aim to dispatch all orders within 2 business days once manufactured. However as with all mail order companies, please allow a little longer for couriers such as UPS, FedEx and USPS to deliver your order. Therefore please allow 30 days for delivery. Our average delivery time is under 7 days for US and International delivery times subject to distance and courier service chosen.
We reserve the right to refuse to deliver to any address other than the billing address, however in the majority of cases we will deliver to the delivery address the customer has requested.
All claims for shortages and damages must be reported to our customer service department within 14 days of receiving the goods. This does not affect your statutory rights as a consumer.
Orders are sent from our workshop Monday to Friday, and we manufacture 5 days a week (with weekends as off days). This just means please be patient. We complete orders in the order they are received in.
By submitting a review via our website, you are granting Sapphire Fairy a perpetual, worldwide, exclusive license to publish and distribute that review on Sapphire Fairy's website. The content of the Sapphire Fairy website is copyrighted and any use or reproduction without the express written consent of Sapphire Fairy is prohibited.
All reviews are subject to approval on the basis of quality and content, according to the following rules:
Your review should be of a sufficient length and detail to be useful to a prospective buyer.
Each text field has a maximum length of 250 words.
Pictures are optional but encouraged, and should be of or relating to the toy being reviewed. No photographs containing nudity are permitted.
Sapphire Fairy may, at its discretion, remove reviews from the website at any time, for any reason.
Impersonation of others, including a Sapphire Fairy employee, representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
If your review is approved, then it will be listed on the product page for that toy.
If your review is rejected, then a reason for its rejection will be given, and you will be able to edit your review and re-submit it for approval.
Approval of reviews may take up to 14 days, and you will receive an email notifying you when it's approved or rejected, and the reason why (if any).
If you wish to remain anonymous in your review, then you may request this by checking the 'Anonymous' review box in the review submission form. This will change the name shown when the review is posted to 'Anonymous'. Please remember that Sapphire Fairy disclaims all responsibility as to your anonymity above and beyond the name shown; remember that people may recognize you, your surroundings, or your toy, and that it is your responsibility to maintain your identity and anonymity online.
Reviews are expected to remain on the Sapphire Fairy website indefinitely, however at our discretion we may allow reviewers to request the taking down of their reviews. To do this, please submit a ticket using our Contact Form including the email address you use to log into the Sapphire Fairy website, your order number and the details of the toy under review, along with a full explanation as to why you wish to have your review taken down. Please note that this is offered as a courtesy at our discretion; as per the Terms you agree to when you submit the review, we want you to be sure you are comfortable submitting information in your review which will remain online forever.
Limitation of Liability:
Sapphire Fairy, LLC’s products and toys for intended for adult use only. None of the descriptions used should be interpreted as instructions or directions for the use of the product. It is your responsibility to use the products safely and within your capabilities. Sapphire fairy products are provided without any guarantee or warranty. Sapphire fairy makes no representations or warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a specific or general purpose and those arising by statute or law , or from a cause of dealing or usage of trade.
In no event, regardless of cause, shall Sapphire Fairy be liable for any indirect, special, incidental, punitive or consequential damages of any kind, whether arising under breach of contract, tort (including negligence), strict liability or otherwise, and whether based on this agreement or otherwise.
Sapphire Fairy Gift Certificates must be redeemed online on the sapphirefairy.com website. Gift Certificates are redeemable only as store credit to purchase any items on the Sapphire Fairy website, subject to the restrictions listed in the Store Credit section of these Terms.
Sapphire Fairy will provide Gift Certificate purchasers with information about the redemption status of Sapphire Fairy Gift Certificates that they purchase. To view Sapphire Fairy Gift Certificate balances, visit 'My Account' on sapphirefairy.com.
Gift Certificates cannot be copied, reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law.
Gift Certificates can only be redeemed in their entirety. Thus, if you have a $100 gift certificate, you must redeem all $100 into store credit on any one account.
Gift Certificates do not expire.
Risk of Loss:
The risk of loss and title for Gift Certificates passes to the purchaser upon our electronic transmission to the purchaser, or the recipient or delivery to the carrier, whichever is applicable. Sapphire Fairy is not responsible for gift certificates that are lost, stolen, destroyed or used without your permission.
Sapphire Fairy retains the right to close customer accounts, cancel orders and/or bill alternative forms of payment if a fraudulently obtained Sapphire Fairy Gift Certificate is redeemed and/or used to make purchases on sapphirefairy.com.
Limitation of Liability:
Sapphire fairy, L.L.C. ("sapphire fairy") and its affiliates make no warranties, express or implied, with respect to sapphirefairy.com gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a sapphirefairy.com gift certificate code is non-functional. Your sole remedy, and our sole liability, shall be the replacement of such sapphirefairy.com gift certificate. Certain state laws do not allow limitations of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
Any dispute relating in any way to Sapphire Fairy Gift Certificates will be governed by and construed under the laws of the State of Idaho without regard to choice of law provisions. By purchasing, receiving or redeeming a Gift Certificate you irrevocably and unconditionally submit to the jurisdiction of the Courts of ADA County, Idaho and of the United States of America for the District of Idaho and agree that any legal action or proceeding relating to a Gift Certificate may be brought only in such courts.
Sapphire Fairy Gift Certificates are issued by Sapphire Fairy, L.L.C. Sapphire Fairy reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.
Previously expired Gift Certificates:
Any Sapphire Fairy Gift Certificates issued prior to November 15th, 2022 expire in accordance with their terms. Expiration dates do not apply where prohibited or limited by law.
The benefit of any contract entered into with us is personal to you and only you can enforce the contractual terms.
If any provision of the Terms is unenforceable this will not stop the rest of the provisions from being enforceable.
"You" and "your" means the person, firm or company who enters into a contract with us.
"Us", "our" and "we" means Sapphire Fairy, L.L.C.
Our address is:
669 E. Warrior Basin St.,
Kuna, ID 83634