TERMS & CONDITIONS
Terms and Conditions
These Terms and Conditions ("Terms") are the terms and conditions on which Moody Fairy Activewear Limited, registered in Vancouver, Canada ("Moody Fairy " or "we/us/our") provides products to you via this website ("Site"). We appreciate your interest in our products and services and your visit to the Site.
Agreement
Purchasing Products
Your purchase of products that we supply to you through the Site ("Products") is subject to these Terms. Please read the Terms carefully before ordering any products through the Site, as by ordering any of our Products you agree to be bound by the Terms. You will be asked to click on the button "Pay" at the Checkout section of the Site to confirm your order with us ("Order"), and to confirm that you accept these Terms. If you do not accept these Terms and do not click on this button, you will not be able to order any Products from this Site.
Terms
NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS.
1. SUPPLY OF PRODUCTS THROUGH THIS SITE
1.1 These Terms apply to all orders for Products that are being delivered to Canada and certain other countries that use the CAD as their currency. If your order is for Products being delivered outside of Canada, different Terms will be applied, based on the location you select on the Site.
1.2 This Site is established to sell Products to end-users only. We reserve the right to refuse access to this Site and to cancel any Order for any reason, including Orders which we consider to be fraudulent and Orders from customers who we reasonably believe intend to re-sell and/or commercially export the Product(s).
1.3 By placing an Order through this Site you confirm that:
1.3.1 You are legally capable of entering into binding contracts;
1.3.2 You are at least 18 years old;
1.3.3 You are a resident or subject to the laws of Canada; and
1.3.4 You are accessing the Site from Canada or other regions/countries.
1.4 The prices for Products are in CAD sterling inclusive of tax but exclusive of applicable delivery charges, which are set forth in the Delivery & Return section of our website. If a delivery charge applies to your Order you will be notified both during the transactional element of the ordering process and again in the acknowledgment of the Order email we send to you. Prices and delivery charges displayed are valid and effective only in Canada. Prices, offers and Products are subject to availability and may change at any time prior to our dispatching your Order and taking payment from you.
1.5 The placing of a Product on this Site is an invitation to accept offers for Products and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your Order.
1.6 Whilst we try to ensure that all prices on the Site are accurate, errors may sometimes occur. If a Product you have ordered is listed at an incorrect price due to a typographical error, we reserve the right to cancel your order and will notify you by e-mail.
1.7 Whilst we take all reasonable care to ensure the accuracy and completeness of the information on this Site and that all details, images, and descriptions of Products are correct at the time that the information is first put onto this Site, the Site is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Site. Unfortunately, we cannot guarantee the accuracy of images portrayed on this Site, and the colors of actual Products may differ from those in images and this is a product of our photographic process. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
2. ORDER ACCEPTANCE
2.1 Orders are submitted via the Site in the following way:
2.1.1 You must add the Product you wish to purchase to your shopping cart and then proceed to the Checkout.
2.1.2 If this is your first purchase on the Site, you may then create an account with us and log in; if you already have an account with us, you may enter your login details to access your account. You may also proceed as a guest, without logging in.
2.1.3 You will then be asked to input your shipping and payment details.
2.1.4 Once you have completed compiling your Order, you will be asked to confirm that it is correct and that you agree to these Terms. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order. It is your responsibility to ensure that your Order is correct before submitting it to us.
2.1.5 After you have submitted your Order to us, we will process the payment details you have given us to take payment for your Order, and you will then receive an email from us acknowledging your Order and giving you estimated timescales for delivery. We will then check to make sure we are able to fulfill your Order. All items are sold subject to availability.
2.1.6 You should check this acknowledgment of Order email for accuracy and let us know immediately if there are any errors. This email does not constitute acceptance of your submitted Order. Your Order will be accepted by us when we dispatch the products to you.
2.1.7 For the avoidance of doubt, any Products in an Order which we have not confirmed we are able to provide you with in the acknowledgment of Order email do not form part of our contract with you.
2.2 If there are any problems with your Order, you will be contacted by a representative from Moody Fairy
3. PRICES AND PAYMENT
3.1 Payment for all Products must be by credit or debit card or as otherwise set forth in this Section. We accept payment with MasterCard, Visa, American Express, and other payment channels we connected with, and we shall not acknowledge your Order until we receive authorization or validation of and confirmation of payment. We also accept alternative payment options via PayPal and Apple Pay. Additional details regarding these payment options are available when making purchases and are subject to the terms of each partner’s program, including such partner’s privacy policies. You can learn more about each partner by visiting its website.
3.2 For payment cards, all credit and debit cardholders and bank/building society account holders respectively are subject to validation checks and authorization. If the issuer of your payment card or our third-party cheque validation service provider refuses to, or does not for any reason authorize or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Products which you have ordered as a result.
3.3 By providing the relevant information to us, you specifically authorize us to transmit or to obtain information about you from and to third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details, cheque details or credit reports, to authenticate your identity and delivery address for the Products, validate your payment card, obtain authorizations for your payments and establish eligibility for installment payments for Products. See our Privacy Policy page for additional details.
4. AVAILABILITY AND DELIVERY
4.1 Delivery is restricted to some areas and certain regions in other countries which use or do not use the CAD as their currency. We aim to deliver Products to Canada addresses by the date set out in the acknowledgment of Order email we send to you or, if no date is specified, within 10 working days (subject to a maximum of 30 working days) of the date of the acknowledgment of Order email we send to you. If any Products you order are out of stock, those Products from your Order will be canceled, and the applicable purchase price refunded to you. In no event shall we be liable for any damages or penalty for any delay in delivery.
4.2 All deliveries will be sent by recorded mail or courier. On receipt of the Products a signature may be required, so please ensure you choose the correct delivery address. You should keep your delivery note and all packaging and should notify our customer services team immediately if any of the Products are missing or damaged (for Products that are damaged on delivery please see clause 6.4 below).
5.YOUR RIGHT TO CANCEL
5.1 You may cancel your Order or purchase of Products at any stage before, and up to forty-five (45) days after, the Products are delivered to you. To cancel, please notify us in writing (preferably by e-mail), or if the Products have already been delivered to you, by returning them to us in accordance with our Returns Policy. Please refer to our Return Policy page for additional returns details.
5.2 If you cancel your purchase of Products on a "no-fault" basis under your right set out in clause 5.1 above, then you must return the Products to us in accordance with our Returns Policy and you are responsible for the cost of their return to us. The Products should be returned to us unworn and in a condition that demonstrates that you have retained possession of them throughout this period and have taken reasonable care of them during this time. Where our authorized carrier collects the Products from you and returns them to us, we may deduct from the refund our authorized carrier's standard collection and return fee, as well as a return processing fee.
6. RETURNS POLICY
Returns must be made within 45 days of receipt of the Products. Please visit our Returns page for additional returns details.
7. REFUNDS
7.1 On cancellation or return in accordance with our Returns Policy, we will make a refund to you of the full value of the payment made to us.
7.2 Where you paid for Products by payment card, refunds will be made by re-crediting your payment card account from which the money was originally debited.
7.3 All refunds will be made within 30 working days either:
7.3.1 (where Products have not yet been shipped to you) of our confirmation in writing to you that your order has been cancelled; or
7.3.2 (where Products have been shipped to you) of receipt of the returned Products by us.
8. LIABILITY FOR PRODUCTS DELIVERED
8.1 We warrant to you that any Product purchased from us through this Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaching these Terms is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
8.3 Subject to clause 8.5 below, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
8.3.1 loss of income or revenue;
8.3.2 loss of business;
8.3.3 loss of profits or contracts; or
8.3.4 loss of anticipated savings
provided that this clause 8.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of clauses 8.3.1 to 8.3.4 inclusive of this clause 8.3.
8.4 Subject to clause 8.5 below, we are not responsible for any delay in, or failure of, the performance of our obligations under these Terms arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
8.5 We do not exclude or limit in any way our liability:
8.5.1 for death or personal injury caused by our negligence;
8.5.2 under section 2(3) of the Consumer Protection Act 1987;
8.5.3 for fraud or fraudulent misrepresentation; or
8.5.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
8.6 The risk of loss and title for each item purchased by you pass to you upon our delivery of the item to the carrier. We do not take title to any returned item until the item arrives at our distribution center. At our discretion, a refund may be issued without requiring a return and, in that event, we do not take title to the refunded item.
9. TRADEMARKS
All trademarks, service marks, trade dress, slogans, and logos displayed on the Site are the exclusive property of Moody Fairy, its subsidiaries, and affiliates, Moody Fairy’s suppliers and partners, or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Moody Fairy or the applicable trademark holder. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo, or trademark. Please be advised that Moody Fairy may enforce its intellectual property rights to the fullest extent of the law.
10. LINKS TO OTHER WEBSITES
The Site may include links to other websites or other sources of information. Moody Fairy provides such links only as a convenience to you. Moody Fairy has neither reviewed the contents of these websites nor does Moody Fairy claim any responsibility for the content or suitability of these websites, and Moody Fairy makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such websites. The inclusion of links does not imply endorsement of the websites by Moody Fairy or any association with their operation. The use of third-party websites is entirely at your own risk.
11. INTERNATIONAL USE
Because this Site can be accessed internationally, you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The information on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Moody Fairy or its affiliates to any registration requirement within such jurisdiction or country. Any offer for any product made on this Site is void where prohibited.
12. SUBMISSIONS
You agree that we may use and/or disclose information about you, such as demographics or your use of this Site, in any way without revealing your personal identifying information. By taking part in promotions, contests, or sweepstakes offered on the Site, or by requesting promotional information or product updates, you agree that we may use your information for marketing and promotion purposes.
By using the Site, you agree that your submissions and use of this Site will comply with all applicable laws, and will not:
· Contain any material which is defamatory of any person, libelous, obscene, pornographic, offensive, hateful, scandalous, hateful, threatening, or inflammatory;
· Promote sexually explicit material;
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
· Advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;
· Contain viruses, corrupted data, or other harmful, disruptive, or destructive files;
· Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
· Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety or be likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
· Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
· Give the impression that it emanates from us if this is not the case;
· Infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party and/or
· Contain anything that, in the sole determination of Moody Fairy is objectionable or inhibits any other person from using or enjoying the Site, or which may expose Moody Fairyor its users to any harm or liability of any kind.
A violation of these provisions may cause Moody Fairy to expel you from the Site, prevent future use of the Site and/or take all rights and remedies available to Moody Fairy at law, in Moody Fairy’s sole discretion.
13. NOTICES
All notices given by you to us must be given to Moody Fairy at either MOODYFAIRYOFFICIAL@GMAIL.COM with the subject line “Moody Fairy Consumer Notice”. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on this Site, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. ENTIRE AGREEMENT
These Terms set out the whole agreement between us relating to your use of the Site. No statement by any individual employed by us should be understood as a variation of these Terms or as a representation about the nature, quality or availability of the Site or any products made available on the Site.
15. SEVERANCE
If any provision of these Terms is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms which shall remain unaffected.
16. WAIVER
No delay or failure by us to exercise any powers, rights, or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights, or remedies preclude any other or further exercise of them.
17. RIGHTS OF THE THIRD PARTIES
A person who is not a party to a contract governing the Terms between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms expressly provide for such rights.
18. VARIATION
You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if we notify you of the change to those policies or these Terms before we take payment from you and dispatch your Order to you (in which case we have the right to assume that you have accepted the change to the Terms unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. JURISDICTION
These Terms are governed by the laws of Canada and only the courts of British Columbia will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.
20. USE OF YOUR PERSONAL INFORMATION
Please read the terms of the Privacy Policy which contains important information about the use of the personal information you provide when using this Site.
21. PROMOTIONS
SALE
1. This sale promotion applies to selected products only, and some product exclusions may apply.
2. The final price is clearly displayed, and no code is required at checkout.
3. This promotion can be redeemed online only.
4. You cannot apply further discounts or promotions to sale items.
5. This promotion cannot be applied to previous purchases, and we cannot offer price adjustments for further markdowns.
6. Gift vouchers are valid on this promotion.
7. Moody Fairy reserves the right to (i) cancel this offer at any time (ii) refuse to allow any individual to participate in the offer (iii) decline to accept orders where, in its opinion, an offer code is invalid for the order being placed and (iiii) amend these terms and conditions (and will use reasonable endeavors to notify changes to all customers).
INSIDERS 25% OFF (VIP or Staff)
1. The promotion can only be redeemed once per customer.
2. The promotion can only be redeemed by Insider members.
3. This promotion is valid on the Canada & Hong Kong SAR sites only.
4. Only one promotion can be used per order.
5. This promotion can be used on full-price Breathe Easy tops only and cannot be used in conjunction with sale or markdowns or any other promotion or code.
6. Moody Fairy reserves the right to (i) cancel this offer at any time (ii) refuse to allow any individual to participate in the offer (iii) decline to accept orders where, in its opinion, an offer code is invalid for the order being placed and (iiii) amend these terms and conditions (and will use reasonable endeavors to notify changes to all customers).
Social Media Influencer Promotion
1. This promotion is applicable online and in-stores.
2. This promotion applies to selected products for a limited time only. Excludes some Moody Fairy products and Third-Party Non- Moody Fairy lines.
3. The codes attached to this promotion are valid from 01/01/23 - 31/12/26.
4. This promotion is only valid in North America and Hong Kong SAR.
5. This promotion will allow 25% off full-price merchandise only. This discount cannot be used in conjunction with sales, markdowns, or other promotions.
6. This promotion cannot be redeemed on gift vouchers/certificates.
7. Customers cannot use this promotion after an order has been placed.
8. Moody Fairy reserves the right to (i) cancel this offer at any time (ii) refuse to allow any individual to participate in the offer (iii) decline to accept orders where, in its opinion, an offer code is invalid for the order being placed and (iiii) amend these terms and conditions (and will use reasonable endeavors to notify changes to all customers).
9. This promotion is available for personal use only.
Moody Fairy x Dance Studio Collaborated Class
1. This promotion applies to full-priced products only.
2. Applicable to first 1000 customers only.
3. Customers will need to enter the code at checkout/show the code in-store to redeem.
4. Available online and in-store.
5. This promotion cannot be used in conjunction with any other promotion or code.
6. This promotion cannot be applied to previous purchases.
7. 1 redemption per customer.
8. The code will be included in the order confirmation email and on store receipts over the time period.
9. Moody Fairy reserves the right to (i) cancel this offer at any time (ii) refuse to allow any individual to participate in the offer (iii) decline to accept orders where, in its opinion, an offer code is invalid for the order being placed and (iiii) amend these terms and conditions (and will use reasonable endeavors to notify changes to all customers).
Customer Feedback Survey Promotion:
1. This promotion offers a 20% off code for you to use and a 20% off code to gift when you complete our Customer Feedback Survey, sent via email.
2. These promotions expire 14 days after the date of issue.
3. These promotions are redeemable on full-price merchandise only and cannot be used in conjunction with sales, markdowns, or other promotions.
4. These promotions are valid once per customer.
5. These promotions can be redeemed in-store or online.
6. These promotions cannot be applied to a previous purchase.
7. Moody Fairy reserves the right to (i) cancel this offer at any time (ii) refuse to allow any individual to participate in the offer (iii) decline to accept orders where, in its opinion, an offer code is invalid for the order being placed and (iiii) amend these terms and conditions (and will use reasonable endeavors to notify changes to all customers).
Customer Birthday Promotion:
1. This promotion offers a discount on one full-priced item in the customer's order.
2. This promotion cannot be used in conjunction with any other promotion or code.
3. The code must be redeemed within two weeks of the initial date the email was received.
4. This promotion is valid once per customer per year.
5. This promotion is available online with a code sent via email.
6. This promotion cannot be applied to previous purchases.
7. This promotion is for a limited time only and may be withdrawn at any time.
8. Moody Fairy reserves the right to (i) cancel this offer at any time (ii) refuse to allow any individual to participate in the offer (iii) decline to accept orders where, in its opinion, an offer code is invalid for the order being placed and (iiii) amend these terms and conditions (and will use reasonable endeavors to notify changes to all customers).
20% Fitness/Dance Professionals Discount: ONLY applied with a qualified teaching qualification
1. The fitness/Dance Professionals discount is only applicable on our website
2. In-store Fitness/Dance Professionals discount is only valid upon successful presentation of valid proof of your position and qualification. For an online Fitness/Dance Professionals discount, please visit our Contact Us page, then as soon as we have received the appropriate information we will activate your account, and the discount will be automatically applied to your basket when you have logged in on our website.
3. The Fitness Professionals discount will allow 20% off full-price merchandise only.
4. This discount cannot be used in conjunction with sales, markdowns, or other promotions.
5. This discount is for personal use only and cannot be used to purchase gifts.
6. This discount cannot be redeemed on gift vouchers/certificates.
7. Customers cannot use the discount after an order has been placed.
8. Moody Fairy reserves the right to (i) cancel this offer at any time (ii) refuse to allow any individual to participate in the offer (iii) decline to accept orders where, in its opinion, an offer code is invalid for the order being placed and (iiii) amend these terms and conditions (and will use reasonable endeavors to notify changes to all customers).
9. Fitness Professionals discount is available for personal use only.
* Terms and conditions are subject to change without notice.