Terms & Conditions

AGREEMENT TO TERMS AND CONDITIONS

 

INTRODUCTION

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Shopping Fairy Trading WLL (“we,” “us” or “our”), concerning your access to and use of our mobile WEBSITE (the “WEBSITE”). 

You agree that by accessing the WEBSITE, you have read, understood, and agree to be bound by all of these Terms and Conditions Use and to use WEBSITE only for purposes that are permitted by this Terms & Condition and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree that you will not access or attempt to access the WEBSITE other than through the interface that is provided by Shopping Fairy Trading WLL, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Shopping Fairy Trading WLL.

You agree that you will not duplicate, reproduce, copy, sell, trade, or resell the WEBSITE for any purpose.

You agree that you are solely responsible for any breach of your obligations under this Terms & Condition and for the consequences (including any loss or damage which Shopping Fairy Trading WLL may suffer) of any such breach.

 

CHANGES TO TERMS AND CONDITIONS

Shopping Fairy Trading WLL is a work in progress, and as such things may change, be added or be taken away. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the WEBSITE after the date such revised Terms are posted.

 

YOUR ACCOUNT 

The WEBSITE require you to input a username and password to access all features. This is to be able to give you details relevant to your order whilst keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Shopping Fairy Trading WLL by entering your email and choosing a secure password. 

We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. 

Your username and password are for your personal use only. If you use the WEBSITE, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Shopping Fairy Trading WLL including those set forth in these Terms & Conditions, Shopping Fairy Trading WLL reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

By using the WEBSITE, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not under the age of 13; (5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the WEBSITE; (6) you will not access the WEBSITE through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the WEBSITE for any illegal or unauthorized purpose; and (8) your use of the WEBSITE will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the WEBSITE(or any portion thereof).

We do not guarantee that the WEBSITE or any content provided on them are error free. We manage your personal data according to our Privacy Policy.

 

USER DATA

We will maintain certain data that you transmit to the WEBSITE for the purpose of managing the WEBSITE, as well as data relating to your use of the WEBSITE. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the WEBSITE. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

PRODUCT INFORMATION

Shopping fairy takes great pride in carefully putting product descriptions and images online.

All items we are selling are 100% Authentic items only and can be authenticated thru our ENTRUPY AUTHENTICATION SERVICES as per customer request with additional cost or as stated on the product inclusions.

All items are taken from a well-established, reputable and one of the Biggest PRE-OWNED LUXURY SUPPLIER in the world.

The items we sell are described as NEW, UNUSED & PRE OWNED items. Details are mentioned on every item description as follows:

NEW- Item which was never worn, no flaws and with complete tags and inclusions

UNUSED- Items have never been worn but have been kept in storage.

Excellent condition- Items have been worn, with very minimal sign of use. 

Very good condition- Items have been worn with some visible signs of use.

Good condition- Items have been worn with visible signs of use and some minor flaws.

 

AVAILABILITY

We will always endeavour to fulfil your order once completed and paid for. If an item should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. 

If your order includes products that are temporarily unavailable, we will send the available items out first and will follow with the outstanding items once they are available again. 

If the original item is permanently unavailable, we will reimburse the price of the unavailable item.

 

PRICES

The prices indicated on Shopping Fairy Trading WLL WEBSITE do NOT include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment, but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our WEBSITE and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated. All fees and prices are in Qatar Dirhams (QAR).

 

CHANGING OF PRICES

Shopping Fairy Trading WLL prices are subject to modification at any time. Prices may also vary due to a launching price, a promotional offer, or sales. We reserve the right to update prices displayed on the WEBSITE from time to time and once updated, they cannot be claimed against an order that has already been confirmed or delivered.

 

TYPOGRAPHICAL ERRORS

Shopping Fairy Trading WLL strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links, and any other product-related information contained herein or referenced on our WEBSITE. Due to human error and other determinants we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our WEBSITE is labelled with an incorrect price due to some typographical, informational, technical or other error, Shopping Fairy Trading WLL shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.

Additionally, all hyperlinks to other WEBSITEs from Shopping Fairy Trading WLL are provided as resources to customers looking for additional information and/or professional opinion. Shopping Fairy Trading WLL does not assume responsibility for the claims and/or representations made on these or any other WEBSITE or WEBSITE.

  

DELIVERY / SHIPPING

Shipping cost

Shipping costs are at the charge of the customer and are calculated during checkout based on weight, dimensions, and destination of the items in the order. Payment for shipping will be collected with the purchase.

This price will be the final price for shipping cost to the customer.

 

Dispatch Time

Orders are usually dispatched within 2 business days after payment of order has been received.

Your order will be delivered to the address you indicated when your order was placed. The items bought on Shopping Fairy Trading WLL will be delivered to one address in mainland Qatar or Internationally. We do not deliver to PO Box addresses.

Shopping Fairy Trading WLL does everything in its power to respect the delivery times indicated on the WEBSITE. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or a decree of Allah. 

All orders may require 24-48 hours processing time before shipping.

Shopping Fairy Trading WLL does not process orders during weekends.

No deliveries will be made on Fridays.

Shopping Fairy Trading WLL does not guarantee same day shipping.

Exact delivery times cannot be guaranteed.

Shopping Fairy Trading WLL will NOT deal with or provide any services or products to OFAC sanctioned countries in accordance with the law of Qatar.

 

Tracking Notifications

Upon dispatch, customers will receive a tracking link from which they will be able to follow the progress of their shipment based on the latest updates made available by the shipping provider.

 

Delivery Terms

Transit Time inside of QATAR

In general, domestic shipments are in transit for 2 - 7 days.

 

Transit time Internationally

Generally, orders shipped internationally are in transit for 4 - 22 days. We are able to offer a more specific estimate at checkout.

 

Change of Delivery Address

Change of delivery address, will NOT be possible after the order request has been submitted and paid. 

If we found out that delivery to specified delivery address at the time of order payment is not possible, the order will be immediately returned to Shopping Fairy Trading WLL.

 

Returns

Returns will only be allowed upon misdeclaration of item condition and state.

Customer must report any item received in undeclared condition to My Shopping Fairy immediately or within 2 days of receipt.

Returned shipping due to customers unavailability upon delivery will be shipped back on customer’s expense.

 

Delivery Time Exceeded

In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

 Import Duties & Taxes

Import duties and taxes for international shipments may be liable to be paid upon arrival in destination country. This varies by country, and Shopping Fairy Trading WLL encourage you to be aware of these potential costs before placing an order with us.

If you refuse to pay duties and taxes upon arrival at your destination country, the goods will be returned to Shopping Fairy Trading WLL at the customers expense, and the customer will receive a refund for the value of goods paid, minus the cost of the return shipping. The cost of the initial shipping will not be refunded.

 

Cancellations

No cancellation.

 

Insurance

Parcels are insured for loss and damage up to the value as stated by the courier.

 

Process for parcel damaged in-transit

We will process a refund or replacement as soon as the courier has completed their investigation into the claim.

 

Process for parcel lost in-transit

We will process a refund or replacement as soon as the courier has investigated and deemed the parcel lost.

 

ORDERS

Placing an Order

Placing an order can be done from the WEBSITE. Should you place an order from the WEBSITE, you must be sure that personal data is correct and updated. Shopping Fairy Trading WLL suggests the Customer to proof-read his/her form several times before validating an order. Shopping Fairy Trading WLL is neither responsible for sending e-mails to the wrong e-mail address nor for sending parcels to the wrong delivery address if the form is incorrectly filled-out.

 

Processing Time

You can expect your order to be processed within approximately 24-48 hours after successful payment verification, provided the items are in stock. Shopping Fairy Trading WLL does not guarantee same day-shipping. Orders are not processed on weekends and holidays.

 

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Shopping Fairy Trading WLL reserves the right at any time after receipt of your order to accept or decline your order for any reason. Shopping Fairy Trading WLL reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.

 

Order Acknowledgement

Shopping Fairy Trading WLL will keep you informed of your order status via e-mail and / or notification. All tracking information will be emailed / notified to your Shopping Fairy Trading WLL user account once your order has processed or changed status. You may also acquire your order status and other live updates by logging in to your account on our WEBSITE.

 

Change Orders

Change of delivery address, will NOT be possible after the order request has been submitted and paid. 

If we found out that delivery to specified delivery address at the time of order payment is not possible, the order will be immediately returned to Shopping Fairy Trading WLL.

 

Cancel Orders

Cancellation, will NOT be possible after the order request has been submitted and paid.

 

PAYMENT

Shopping Fairy Trading WLL currently offers one way of payment by Card through QNB Gateway payment interface. 

This payment option use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Shopping Fairy Trading WLL is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to QNB Gateway payment for full terms and conditions of use.

To protect the WEBSITE visitors to the best of our knowledge, we implement several security policies and certificates. These layers of protection could be by-passed if the user's computer is/were infected with a virus or malicious software. Shopping Fairy Trading WLL or its associated partners and employees cannot be held responsible in such a scenario or circumstance.

Shopping Fairy Trading WLL reserves the right to refuse a delivery or honour an order from a Customer who has not paid part or the totality of a previous order or with whom a litigious dispute is in progress. Shopping Fairy Trading WLL also reserves the right to take any necessary steps including legal action in case of outstanding or non-payment of fees by you.

 

INVOICE

The order form filled out online by the Customer cannot be considered as an invoice. Regardless of the purchase or payment methods, the Customer receives an invoice inside his/her parcel when it is delivered. A digital/hard copy of each invoice is registered in Shopping Fairy Trading WLL data base.

 

REFUND POLICY

My Shopping Fairy consider all sales final with no refund policy. Contact our team directly for any issues with the purchased item.

Conditions

To be eligible for a “return item for resell”, your item must:

  • be unused and in the same condition that you received it.
  • be in the original packaging.
  • present the original receipt or proof of purchase at Shopping Fairy Trading WLL.

 

We request that you send us the merchandise by registered post and that you purchase insurance with your carrier for the value of the merchandise. This is necessary should they lose or damage the goods. Shipping fees remain the customer’s responsibility. 

 

Different sale price on returned item for resell (if applicable)

There are certain situations where a different sale price is applied to the returned product: 

  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error.

 

Return item for resell refused

Several types of goods are not accepted from being returned for resell: 

  • Items that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
  • Any item that is returned in other ways than by following the return for resell procedure mentioned by Shopping Fairy Trading WLL present Policy.

 

Please do not send your purchase back to the manufacturer nor to Shopping Fairy Trading WLL delivery service without prior request to Shopping Fairy Trading WLL. If you do so, we will not oversee your item, nor will you receive a refund of any kind. We will send back to you your product at your own charges.

 

Payment of returned items for resell (if applicable)

Once your return is received and inspected, we will send you an email and/or notification to notify you that we have received your returned item. We will also notify you of the approval or rejection of your request for return for resell.

If you are approved, then your product will be processed to resell within 7 to 10 working days, once sold, a credit will automatically be applied to your bank account or original method of payment, within a certain amount of days.

 

Late or missing payment (if applicable)

If you have not received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you have done all of this and you still have not received your refund yet, please contact us at Customercare@myshoppingfairy.com.ph

 

Shipping of returned items for resell (if applicable)

To return your product, you should mail your product to: Doha, Doha, Qatar, P O Box 55635 Qatar.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over QAR 500.00, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.

The present return only applies to items that are returned in their original, complete condition. Any product that has been damaged, is not in its original packaging, or has packaging that has been worn beyond simply opening the product, will not be accepted, and returned. The deadlines mentioned above are effective from the date of receipt of the order.

 

REIMBURSEMENT

If the item returned is sold on Shopping Fairy Trading WLL, the User will be reimbursed via the bank transfer only.

 

RESELL POLICY

Shopping Fairy Trading WLL accepts requests to “Resell” pre-owned or new items for residents of Qatar only.

The resell item (if in acceptable resell conditions) will be resold on Shopping Fairy Trading WLL with an applied commission of 30% of the sell price.

For example, if we decide to sell your product on our platform at a sell price of QAR 1000.00, you will receive QAR 700.00 after the item has been sold and delivered to our customer.

One you have submitted your request for a resell, we will evaluate your request before continuing with the process of resell.

 

Resell process

Your request for resell will follow the process below:

  • Request

A Resell is to be requested only through Shopping Fairy Trading WLL platform in your user account section under the mention “Resell my product”.

  • Review of your request 

Your product will be reviewed to determine if it is eligible for a resell on our platform. You will be notified of the acceptation or refusal of our review.

It may be that a different price for resell is proposed to you that you may accept or decline.

  • Pickup

If the review was accepted and we agreed upon resell price, we will send you a date to pick up your item. You will need to prepare your item with the printed and signed consign form for us to accept your item.

Once your item has been handed over to us with the consign form, your item will stay at Shopping Fairy Trading WLL for a period of maximum 90 days.

  • Authentication

After pickup of your item, our experts will examine and determine the authenticity of your item. If your item is declared non-authentic, we will return your item at the address of pickup and cancel your request for a resell.

  • Publish

After valid authentication of your item, we will publish your item to our Shopping Fairy Trading WLL Catalogue. It may be that we publish your item on one of our other marketing branches like our official Instagram account to speed up the resell of your item.

  • Sold

Shopping Fairy Trading WLL will apply 30% commission on each sold resell item on its platforms.

  • Payment

Once your item has been sold and paid by our customer, you will receive notification of payment for your sold item.

 

 

Your item has been with us for more than 90 days since your last signed consign

If your item has not been sold in the time frame of 90 days after your last signed consign. We will send you a request whether you want to renew consign for 90 days or you want us to return your item at you designated address on your profile account.

 

Withdraw of your item before the end of 90 days of consign

If for any reason you wish to withdraw your item before the end of your signed consign date, you will have to pay a compensation fee of QAR 350.00.

Once you paid your compensation fee, we will return to you your item at you designated address on your profile account.

To withdraw your item, go to your account profile section “Resell my product” under your selected item click “Withdraw this item”. You will be redirected to QNB Gateway payment to pay a onetime compensation fee of QAR 350.00.

After successful payment you will receive your item within 3 to 5 working days.

 

Late or missing payment 

If have been notified that your item has been sold and you did not receive a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you have done all of this and you still have not received your refund yet, please contact us at Customercare@myshoppingfairy.com.ph

 

CUSTOMER SERVICE

For all customer service enquiries, please submit an enquiry at Customercare@myshoppingfairy.com.ph

Or chat with us from your account under section ‘Customer Service’.

 

SECURITY

Shopping Fairy Trading WLL will take all reasonable precautions to ensure the security of any payment details included in your order nevertheless, barring direct negligence on our part, we cannot be held liable for any losses incurred as a result of unauthorized access to information you may provide. If you have any queries or issues regarding security at Shopping Fairy Trading WLL please contact Customercare@myshoppingfairy.com.ph

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the WEBSITE, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the WEBSITE, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

INTELLECTUAL PROPERTY

Unless otherwise indicated, the WEBSITE is our proprietary property and all source code, databases, functionality, software, WEBSITE designs, audio, video, text, photographs, and graphics on the WEBSITE (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Qatar, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the WEBSITE “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the WEBSITE and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the WEBSITE, you are granted a limited license to access and use the WEBSITE and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the WEBSITE, Content, and the Marks.

 

PROHIBITED ACTIVITIES

You may not access or use the WEBSITE for any purpose other than that for which we make the WEBSITE available. The WEBSITE may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the WEBSITE, you agree NOT to:

 

1.         Systematically retrieve data or other content from the WEBSITE to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2.         Make any unauthorized use of the WEBSITE, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

3.         Use the WEBSITE to advertise or offer to sell goods and services.

4.         Circumvent, disable, or otherwise interfere with security-related features of the WEBSITE, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the WEBSITE and/or the Content contained therein.

5.         Engage in unauthorized framing of or linking to the WEBSITE.

6.         Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

7.         Make improper use of our support services or submit false reports of abuse or misconduct.

8.         Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

9.         Interfere with, disrupt, or create an undue burden on the WEBSITE or the networks or services connected to the WEBSITE.

10.       Attempt to impersonate another user or person or use the username of another user.

11.       Sell or otherwise transfer your profile.

12.       Use any information obtained from the WEBSITE to harass, abuse, or harm another person.

13.       Use the WEBSITE as part of any effort to compete with us or otherwise use the WEBSITE and/or the Content for any revenue-generating endeavour or commercial enterprise.

14.       Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the WEBSITE.

15.       Attempt to bypass any measures of the WEBSITE designed to prevent or restrict access to the WEBSITE, or any portion of the WEBSITE.

16.       Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the WEBSITE to you.

17.       Delete the copyright or other proprietary rights notice from any Content.

18.       Copy or adapt the WEBSITE’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

19.       Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the WEBSITE or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the WEBSITE.

20.       Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

21.       Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the WEBSITE, or using or launching any unauthorized script or other software.

22.       Disparage, tarnish, or otherwise harm, in our opinion, us and/or the WEBSITE.

23.       Use the WEBSITE in a manner inconsistent with any applicable laws or regulations.

 

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the WEBSITE. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the WEBSITE at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our WEBSITE. We also reserve the right to modify or discontinue all or part of the WEBSITE without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the WEBSITE.

We cannot guarantee the WEBSITE will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the WEBSITE, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the WEBSITE at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the WEBSITE during any downtime or discontinuance of the WEBSITE. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the WEBSITE or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

These Terms and Conditions and your use of the WEBSITE are governed by and construed in accordance with the laws of Qatar applicable to agreements made and to be entirely performed within Qatar, without regard to its conflict of law principles.

In case of any disputes the law applicable would be based on the Qatar Governing Law.

Qatar is your Shopping Fairy Trading WLL’s country of domicile.

 

DISPUTES

If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.

 

In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Doha International Financial Centre - London Court of International Arbitration ("LCIA"), which rules ("Rules") are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Doha International Financial Centre in Doha, Qatar.

 

The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Shopping Fairy Trading WLL to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Shopping Fairy Trading WLL shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so..

 

DISCLAIMER

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEB WEBSITES LINKED TO THIS WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEB WEBSITE, OR ANY WEB WEBSITE OR MOBILE WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the WEBSITE; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the WEBSITE with whom you connected via the WEBSITE. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

LIMITATIONS OF LIABILITY

IN ALL CIRCUMSTANCES Shopping Fairy Trading WLL 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. Shopping Fairy Trading WLL SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. Shopping Fairy Trading WLL SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT Shopping Fairy Trading WLL HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

 

If you are dissatisfied with the WEBSITE or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the WEBSITE and its services as a result of your negligent act or omission would result in irreparable injury to Shopping Fairy Trading WLL and Shopping Fairy Trading WLL shall treat any such unauthorized use as subject to the Terms and Conditions of this User Agreement.

 

MOBILE WEBSITE LICENSE

Use License

If you access the WEBSITE via a mobile WEBSITE, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile WEBSITE on wireless electronic devices owned or controlled by you, and to access and use the mobile WEBSITE on such devices strictly in accordance with the terms and conditions of this mobile WEBSITE license contained in these Terms and Conditions. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the WEBSITE; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the WEBSITE; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the WEBSITE; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the WEBSITE; (5) use the WEBSITE for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the WEBSITE available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the WEBSITE for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the WEBSITE; (8) use the WEBSITE to send automated queries to any Site or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any WEBSITEs, accessories, or devices for use with the WEBSITE.

 

Apple and Android Devices

The following terms apply when you use a mobile WEBSITE obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the WEBSITE: (1) the license granted to you for our mobile WEBSITE is limited to a non-transferable license to use the WEBSITE on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile WEBSITE as specified in the terms and conditions of this mobile WEBSITE license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile WEBSITE; (3) in the event of any failure of the mobile WEBSITE to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile WEBSITE, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile WEBSITE; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile WEBSITE, e.g., if you have a VoIP WEBSITE, then you must not be in violation of their wireless data service agreement when using the mobile WEBSITE; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile WEBSITE license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile WEBSITE license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

 

THIRD-PARTY SITES AND CONTENT

The WEBSITE may contain (or you may be sent via the WEBSITE) links to other Sites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, WEBSITEs, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the WEBSITE or any Third-Party Content posted on, available through, or installed from the WEBSITE, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Sites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the WEBSITE and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Sites to which you navigate from the WEBSITE or relating to any WEBSITEs you use or install from the WEBSITE. Any purchases you make through Third-Party Sites will be through other Sites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Sites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Sites.

 

APP MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the WEBSITE for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the WEBSITE or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the WEBSITE in a manner designed to protect our rights and property and to facilitate the proper functioning of the WEBSITE.

 

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the WEBSITE, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the WEBSITE is hosted in Qatar. If you access the WEBSITE from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Qatar, then through your continued use of the WEBSITE or Services, you are transferring your data to Qatar, and you expressly consent to have your data transferred to and processed in Qatar. 

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the required and verifiable parental consent, we will delete that information from the WEBSITE as quickly as is reasonably practical.

 

FEEDBACK AND COMMENTS

Any opinions left on the WEBSITE by Shopping Fairy Trading WLL customers are screened and moderated by Shopping Fairy Trading WLL . If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Shopping Fairy Trading WLL reserves the right to refuse or modify it.

 

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the WEBSITE constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions fully operate permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us because of these Terms and Conditions or use of the WEBSITE. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

 

CONTACT US

To resolve a complaint regarding the WEBSITE or to receive further information regarding use or the WEBSITE, please contact us at:

Shopping Fairy Trading WLL

+97466701688 

Customercare@myshoppingfairy.com.ph