Terms

Use of the Website

By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.

Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

External links

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Warranties (AS-IS clause)

The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website. Additionally, Fair Ivy makes no warranties as to the content of individual surprise packages, including whether they will be to the customer’s taste or will be able to be utilized by the customer.

Disclaimer of liability

The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information, material and information transmitted over our system, or products ordered from our site. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Refunds

Fair Ivy does not offer refunds to customers, except in certain cases determined to be valid by Fair Ivy alone. If surprise items are not received by customer, replacement items will be sent—unless the customer entered incorrect shipping details during checkout, in which case a replacement will not be issued.  See our Return Policy for more details.

Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Applicable laws (choice of venue and forum)

Use of this website shall in all respects be governed by the laws of the state of California, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the California courts shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

Indemnification

You agree to defend, indemnify and hold harmless Fair Ivy, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising out of or related to your use of or connection to Fair Ivy.

Mediation

For monetary claims above the maximum allowed in Small Claims Court, the parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by confidential mediation under the current Mediation Procedure of Fair Ivy, before resorting to arbitration or litigation. Unless otherwise agreed, the Retailer will select a mediator. Mediation must be completed within 2 months of the written claim. Mediation will last 2 hours and is completed in a Los Angeles location as chosen by the Retailer. Fees are paid by the person requesting mediation.

Minor

I have read and understood the terms and conditions of the website and am entering into the agreement and website of my own free will as a condition precedent to my being able to use this website for purchases. I also warrant that I am over 18 years of age and competent to enter into this agreement and website.