Terms Of Service

**The effective date of this agreement is August 8, 2015. Last updated April 9, 2019.

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** This agreement contains the terms and conditions (the "Terms of Service") under which www.bargainfairy.co.uk ("Bargain Fairy", "we" or "us") offers you (the "user" or "you"), access to its website www.bargainfairy.co.uk(the "Site") and Bargain Fairy's Services (as defined below). Among other things, these Terms of Service describe the user's responsibilities and limit Bargain Fairy's liability. Before using any of the Services, please read all these Terms of Service and the Site carefully. In the event of any conflict between these Terms of Service and any other provisions set forth in the Site, these Terms of Service will control.

 

**1. USER ACCEPTANCE** By using the Services and/or visiting the Site, you state your agreement to be legally bound and to abide by the following terms and conditions. If you do not agree to these terms and conditions, you must not use the Site or the Services. These terms and conditions include Bargain Fairy's privacy policy (the "Privacy Policy") that is posted on the Site.

 

**2. CHANGES TO TERMS OF SERVICE** Bargain Fairy reserves the right, in its sole discretion, to amend these Terms of Service at any time upon posting the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. The user's continued use of the Site and the Services following Bargain Fairy's posting of any changes will constitute the user's acceptance of such changes.

 

**3. BARGAIN FAIRY SERVICES** Bargain Fairy's services, which are available on the Site help you find and browse information related to fashion, beauty and travel, and allow you to submit information to the Site, and enjoy a wide variety of other content for your own use and for viewing by other users (the "Services"). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Service. These Terms of Service apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by Bargain Fairy. Bargain Fairy has no control over, and assumes no responsibility for the content, privacy policies or practices of any third-party websites. Bargain Fairy will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve Bargain Fairy from any and all liability arising from your use of any third-party website.

 

            **3A. BARGAIN FAIRY SERVICES -  E-COMMERCE

 

**ORDERS**

Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

 

We may refuse to accept an order: 

(a) Where goods are not available 

(b) Where we cannot obtain authorisation for your payment 

(c) If there has been a pricing or product description error 

(d) If you do not meet any eligibility criteria set out in our terms and conditions 

(e) If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.

(f) By placing an order you confirm that both you and the person the order is to be delivered to, are aged 18 years or over.

**PRICING**

All prices include VAT (where applicable) at the current rates.

Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website. 

From time to time we will review our pricing structure.

 

**DELIVERY**

We will deliver products ordered by you to the address provided upon order placement. If any of the details provided are incorrect, we are not liable for any items which have not been received.

 Our working hours are Monday to Friday 9am – 5.30pm. We only dispatch orders during these times. All timelines quoted on the website do not include weekends or public holidays and have been included as indicative timelines, actual timelines may differ due to events and conditions outside our control.

Whilst we make every effort to deliver goods as quickly as possible, we cannot guarantee delivery on a specific date. We cannot accept liability for deliveries made outside stated timelines. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries as ultimately this element of service is provided not by Bargain Fairy but third-party-services, such as couriers and postal systems. 

Some postal addresses in remote areas or offshore islands may not be covered by our normal delivery services and so we may have to contact you to advise of extra postal charges.

If you do not receive products ordered by you within 40 business days of the date of order placement, we hold no liability unless you notify us within 40 days of the date of order placement via our Return Request.​

In the event that we reproduce an item for you and subsequently the original is returned as undelivered by Royal Mail, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.

We reserve the right to request a waiting period of up to 40 business days from the date of dispatch before submitting an undelivered item request via Return Request. Due to courier or third-party services we are not held responsible for any delays or non-deliveries that may be due to events or conditions out of our control.

We are not responsible for and do not refund any customs duties or import taxes that may incur during transit. 

**RETURNS AND EXCHANGE**

You have the legal right to return your order within 14 days of delivery. To do so, please submit a Return Request. 

Your right to cancel the order can be exercised by submitting a Return Request within 14 days of order placement.

For a return to be accepted, it must meet following conditions:

- The product must be unused and unworn

- The product must be in its original condition and packaging 

- Apparel must have the original tags attached

- Accessories must have all parts of the original packaging 

- Footwear must be in the original shoe box

 

Below products are excluded from returns:

- Customised and personalized products, except in case of manufacturing defects

- Toiletries, except in case of manufacturing defects 

- Samples and sale items 

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**FAULTY ITEMS**

In order to be eligible for a full refund and a shipping refund on faulty items, the buyer must provide evidence (photos) of the manufacturing mistakes along with submitting a Return Request. Only if proof is provided will your shipment be eligible for refund. Please note, we only refund standard shipping up to £1.99.

 

**POSTAGE AND PACKAGING**

We regret that postage and packing costs for unwanted items are the buyers responsibility and are not refunded, except if the item is returned due to manufacturing defects. 

 

**CANCELLATIONS**

The buyer reserves the right to cancel an order within 14 days of order placement. However, due to shipping restrictions, if the order has already been shipped, the buyer is responsible for receiving the order and returning by standard post for a full refund. Once goods are received we will process a refund plus “standard delivery” shipping costs within 10 business days. Returns and Exchange product conditions apply. Cancellations may be made via Return Form.

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**DISCOUNTS**

If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. 

We will not honour any discount codes if they have not been applied before your order has been placed and confirmed.

This returns policy does not affect your statutory rights.

            

**4. ELIGIBILITY** You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a Bargain Fairy member or to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of Service.

 

**5. USER INFORMATION** You may need to provide us with user information (primarily an email address) to use certain parts of the Site, such as submitting questions to us or to register for newsletters offered via the Site. If you provide us with such information, you are required to provide accurate and up to date information. You may not use a false name with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership. As detailed in the Privacy Policy, your private information will not be given to any third party without your consent. Bargain Fairy reserves the right to cancel your membership at its discretion.

 

**6. RIGHTS TO USE** Subject to the Restrictions on Rights to Use in these Terms of Service, Bargain Fairy hereby grants you permission to use the Site and Services, provided that

• your use of the Site as permitted is solely for personal, non-commercial use,

• you will not copy or distribute any part of the Site without Bargain Fairy’s written permission,

• you will not alter or modify any parts of the Site, and

• you will comply with the Terms of Service and Privacy Policy.

 

**7. RESTRICTIONS ON RIGHTS TO USE** You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the Site or Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:

 

• modify, translate or reverse engineer any portion of the Site or Services;

• launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Bargain Fairy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Bargain Fairy grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bargain Fairy reserves the right to revoke these exceptions either generally or in specific cases;

• collect or harvest any personally identifiable information, including member names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;

• solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below);

• remove any copyright, trademark or other proprietary rights notices contained in or on the Site;

• create user accounts by automated means or under false or fraudulent pretenses;

• create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site and/or Services;

• transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;

• use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;

• copy or store any content offered on the Site for other than your own use; nor

• use any device, software or routine that interferes with the proper working of the Site and/or Services.

 

**8. USER SUBMISSIONS** We encourage you to submit to the Site a variety of content ("User Submissions"). You understand that whether or not such User Submissions are published, Bargain Fairy does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:

 

• you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bargain Fairy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service; and

• you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service.

 

**In connection with User Submissions, you further agree that you will not:**

 

• submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Bargain Fairy all of the license rights granted herein;

• publish falsehoods or misrepresentations that could damage Bargain Fairy or any third party;

• submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

• post advertisements or solicitations of business; nor

• impersonate another person.

 

Bargain Fairy does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Bargain Fairy expressly disclaims any and all liability in connection with User Submissions. Bargain Fairy reserves the right to remove User Submissions without prior notice. Bargain Fairy will also terminate a User's access to the Site, if they are determined to be repeat offenders. Bargain Fairy also reserves the right to decide whether User Submissions are appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Bargain Fairy may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Bargain Fairy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bargain Fairy with respect thereto, and agree to indemnify and hold Bargain Fairy, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

 

**9. INTELLECTUAL PROPERTY RIGHTS** The content on the Site, with the exception of User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Bargain Fairy, subject to copyright and other intellectual property rights under European and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Bargain Fairy reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Bargain Fairy, you hereby grant Bargain Fairy a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Bargain Fairy's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Bargain Fairy Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.

 

**10. DISCLAIMER.** Bargain Fairy contains strictly opinion-based information. The content of the Site is fact-checked to the best of our abilities but will, no doubt, contain errors of typing, spelling, intent, rumor, presumption, but never errors of style or travel (in our opinion). You might disagree with our choices and that's fine with us. Additionally, Bargain Fairy has developed an affiliate program whereby apparel, beauty and other fashion related companies sell products through links provided on the Site. In return, Bargain Fairy is paid a varying percentage of the sales price of sales originating from the Site. Bargain Fairy is committed to editorial integrity and honesty and by no means does its affiliate program affect what we choose to cover, or what we say in our editorial coverage.

 

**11. DISCLAIMER OF WARRANTIES** BARGAIN FAIRY'S SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BARGAIN FAIRY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) BARGAIN FAIRY MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (b) BARGAIN FAIRY MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES BARGAIN FAIRY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE; (c) BARGAIN FAIRY DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED; (d) BARGAIN FAIRY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) BARGAIN FAIRY EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF BARGAIN FAIRY. Some countries, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.

**12. LIMITATION OF LIABILITY AND REMEDIES** (a) UNDER NO CIRCUMSTANCES WILL BARGAIN FAIRY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THESE TERMS OF SERVICE OR BARGAIN FAIRY'S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, BARGAIN FAIRY'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION. (b) Limited Liability with Respect to Products and Services Available Through the Site. UNDER NO CIRCUMSTANCES WILL BARGAIN FAIRY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH BARGAIN FAIRY'S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. 

 

**13. INDEMNIFICATION** You agree to indemnify and hold Bargain Fairy and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys' fees, and further including any injuries to third parties arising out of or relating to

 

1. your breach of these terms of service,

 

1. any fraud, manipulation, deception or misrepresentation by you,

 

1. any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, and

 

1. any violation of applicable federal or state laws or regulations.

 

**14. NO AGENCY** You and Bargain Fairy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.

 

**15. ASSIGNMENT** You may not assign these Terms of Service or any of your rights hereunder to a third person without first obtaining our express written consent.

 

**16. TRADEMARKS** (a) BARGAIN FAIRY and BARGAINFAIRY.CO.UK, are trade or service marks of Bargain Fairy. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by Bargain Fairy, in any manner that is likely to cause confusion or in any manner that disparages or discredits Bargain Fairy. (b) The use of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such third party, or as the participation by any such third party in the offering of goods or information through the Site.

 

**17. RULES FOR PROMOTIONS** Any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

 

**18. TERMINATION** Bargain Fairy may, in its sole discretion, terminate these Terms of Service and your use or access to the Site immediately and without notice for any reason.