Terms of Service

Terms of Service

1. Introduction

These are the terms and conditions of service for the use of https://fancyhaus.com/ (Site) and the products ordered on the Site. The Site is operated by or on behalf of Serena Valley, LLC (we, us, us and our). We are a Delaware registered office located at 131 Continental Dr, Suite 305, City of Newark, zip code 19713, New Castle.

Your use of the Site and your purchase of any of the products offered on the Site (Products) shall be subject to these terms and conditions, and by using the Site you agree to be bound by them.

Use of your personal information submitted to or through the Site is governed by our Privacy Policy and Cookie Statement.

We reserve the right to change these terms and conditions from time to time by changing them on the Site, although such change will not affect any order you have already placed with us.

2. Use of the site

2.1 Access to the site

The Site is intended for use only by persons who are at least 18 years of age. By using the Site, you confirm to us that you meet this requirement and that, if you are under 18, you have received permission from your parent or guardian prior to using the Site.

It is your responsibility to ensure that your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the technical specifications necessary to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a login ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and you must not disclose it to anyone else. You are responsible for all activities that occur under your login ID and must notify us immediately of any unauthorized use or other breach of security of which you become aware. We reserve the right to deactivate any Login ID, at any time, if in our opinion you have not complied with any of the provisions of these terms and conditions or if any details you provide for the purpose of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, portions or content of the Site, or the entire Site, may be unavailable (whether on a scheduled or unscheduled basis) or may be modified, suspended or withdrawn by us, in our sole discretion, without notice. You agree that we shall not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any feature, part or content of the Site.

 

2.2 What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen.

2.3 What you are not allowed to do

Except to the extent expressly set forth in these terms and conditions, you are not permitted:

"scraping" content or storing content from the Site on a server or other storage device connected to a network or creating an electronic database by systematically downloading and storing all content from the Site;

Delete or change any content on the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;

Creating links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you so long as the link is not misleading or deceptive and fairly states its destination, does not imply that we endorse you, your website or any products or services you offer, you link to (and do not frame or mirror) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or infringing of the intellectual property rights or other rights of any third party.

You must only use the Site and anything available on the Site for lawful purposes (which comply with all applicable laws and regulations), in a responsible manner, and not in a way that may damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you breach any of them.

2.4 Intellectual property rights

All intellectual property rights in any content on the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set forth herein, nothing in these terms and conditions grants you any rights with respect to any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event that you print, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property rights notices contained in the original content are reproduced.

2.5 Consent

We may change the format and content of the Site from time to time. You agree that your use of the Site is "as is" and "as available" and at your sole risk.

While we try to ensure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should consult with us or the relevant source of information before acting on such information.

 

Except to the extent that the terms under "3 Purchase of Products" apply, we do not make or give any representation or warranty as to the accuracy, completeness, currency, correctness, correctness, reliability, integrity, quality, fitness for purpose or originality of any content on the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or any other person using the Site or relying on any of its contents.

We cannot and do not guarantee or warrant that any content on the Site is free of viruses and/or other code that may contain contaminating or destructive elements. It is your responsibility to implement appropriate IT security measures (including anti-virus and other security checks) to satisfy your particular requirements for content security and reliability.

 

2.6 Your personal information

Use of your personal information submitted to or through the Site is governed by our Privacy Policy and Cookie Statement.

 

2.7 User consent

The Site may, from time to time, allow you to upload user-generated content and may also allow you to communicate that content, either to selected recipients or in public areas, such as review or comment pages (collectively, User Content Areas). We do not control the material submitted to User Content Areas (collectively, User Submissions), you are solely responsible for the content of your User Submissions submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.

If you participate in any User Content Area, you must keep all User Submissions relevant to the purpose of the User Content Area and the nature of any subject matter.

 

User submissions should not:

Contain, transmit, distribute, link to or otherwise make available, or post or promote any content that infringes any intellectual property or data protection, privacy or other rights of any other person, is defamatory or breaches any contractual obligation or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciting violence or hatred, profane, discriminatory (for any reason), likely to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable (Prohibited Content);

 

Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; Contain, transmit or distribute any unsolicited or unauthorized advertising, marketing or promotional material or other form of solicitation (spam); or transmit or distribute any viruses and/or other code that has contaminating or destructive elements.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or in part) and/or to incorporate it in other works in any form, media or technology, and waive any moral rights you may have, or to be identified as the author, of such User Submission.

While we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to remove, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice.

Complaints about the content of any User Submission should be sent to [email protected] and should contain details of the specific User Submission giving rise to the complaint.

2.8 External links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include them to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or anything provided by them and do not guarantee their continued availability. Our inclusion of links to such external sites does not imply any endorsement or association with their operators or promoters.

 

3 Purchase of products

3.1 Ordering and availability

To order any product, you must be at least 18 years of age. By doing so, you confirm to us that you meet this requirement.

Products can be ordered by clicking on the items you wish to purchase and then following the instructions that will appear on the screen. You can check and correct any input errors in your order up to the time you submit your order to us by clicking on the "Pay Now" button on the checkout page.

After placing an order, you will receive an acknowledgement that we have received your order and we will give you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase the Product(s) ordered. All orders are subject to acceptance by us. We are not obligated to accept your order and may, at our discretion, refuse to accept any order. However, you acknowledge that by clicking the "Pay Now" button, you enter into an obligation to pay for the Product(s). When we accept your order, we will confirm such acceptance by sending you a confirmation (Order Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Order Confirmation. After entering into the Contract, we shall be under a legal obligation to supply you with goods that are in conformity with the Contract.

The Contract shall relate only to the Product(s) that have been confirmed in the Order Confirmation. We shall not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.

From time to time, certain new Products may, where indicated on the relevant Product page, be pre-ordered (i.e., you may place an order before the relevant Product has been generally released and is available on the Site). Where this is the case, the date of availability will be shown on the relevant Product page.

 

3.2 Delivery

Your order will be fulfilled on the delivery date set out in the Order Confirmation or, if no delivery date is specified, within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders. If you place a pre-order prior to the availability date shown on the applicable product page (and we accept it), the pre-ordered product(s) will be shipped on the availability date and delivered on the delivery date set forth in the Order Confirmation, but in any event no later than 10 days after the availability date.

Your order will be delivered to the in-country delivery address you specify when placing your order from time to time. If your delivery address is geographically remote, for example, certain outlying islands or other isolated locations, we may not be able to deliver there. If that is the case, we will notify you before accepting your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to a post office box or similar addresses.

Products included in the same order cannot be delivered to different addresses. Deliveries are made from Monday to Friday, except on bank days and public holidays. It is not possible to specify a precise time at which a delivery will be made. Please note that the courier may require deliveries to be signed for.

Deliveries will be made to your door, to the front desk or mailroom of your building, or to a designated pick-up location determined by the carrier if delivery to your address is not possible. Our carrier will not be responsible for any additional transportation, unpacking or positioning of Product(s). If you order a large, heavy or bulky product, you should carefully check, before ordering, that its dimensions (allowing for packaging) will allow it to pass freely through doorways, aisles and, if relevant, stairs at the delivery address.

The approximate delivery times of the products, in working days, except for transport problems beyond FANCYHAUS' control, are those indicated on the web site. FANCYHAUS will make its best efforts to respect these deadlines, but any delay, due to transport problems or situations derived from problems with the supply of raw materials, beyond FANCYHAUS' control, will not imply the cancellation of the order or any compensation whatsoever.

In the event that, at the time of delivery by the carrier, the goods are found to be non-conforming or visibly damaged or incomplete, you must refuse to accept delivery of the order or have this noted on the carrier's delivery note.

On the other hand, you must notify FANCYHAUS within a maximum period of 24 hours from the reception of the order, by contacting FANCYHAUS through the following e-mail address [email protected]. In any case, you should always check that the goods have been delivered in perfect condition and it is recommended to note "damaged packaging" or similar on the carrier's delivery note in order to be able to make a claim later, otherwise the carrier will assume that the product has been received.

The price of shipping the Product to your home depends on the quantity, weight and shipping zone. It will be identified on the web page at the moment of confirming the purchase of the Product.

3.3 International delivery

The Site is intended for use by customers whose shipping address is within the locations to which we currently ship. You can find the complete list of locations to which we ship at the time you place your order. You may place an order for Products from outside of these locations, but we cannot ship to addresses outside of the listed locations. We reserve the right to cancel your order if your shipping address is not in one of the locations to which we currently ship.

When you place an order for delivery to a country or territory outside the European Union, you may have to pay import duties and taxes upon arrival at your destination. This is because you will be considered the importer of the products, so you must comply with all applicable laws and regulations in your country. Orders to the Canary Islands, Ceuta and Melilla are also subject to local customs clearance.

Any additional costs due to the payment of customs duties and/or tariffs shall be borne by you. FANCYHAUS has no control over such charges and therefore it is not possible to anticipate their amount. Since customs policies vary significantly from country to country, we advise you to contact the relevant customs office for information on import restrictions that apply to certain products. We are not responsible for customs withholding. In case of non-payment of import duties, the goods may be held at customs. In such a case, no refunds will be accepted.

 

3.4 Gift cards

If you order a gift card, it will be sent to the email address provided at checkout. We will not be responsible for stolen gift cards or unauthorized use of any gift card. We may refuse or suspend gift cards when we suspect fraud, error or violation of law. Gift Cards are not debit or credit cards. Gift Card usage is limited to the amount of funds held on the Gift Card. The total amount of each purchase will be deducted from the funds held on the Gift Card, up to the total funds available on the Gift Card. If you make a purchase and there are insufficient funds on the Gift Card to cover that purchase, you must pay the difference in accordance with the price and payment terms below. Resale of Gift Cards or use of Gift Cards for advertising, marketing, sweepstakes or other unauthorized promotional purposes is strictly prohibited.

 

If you have any questions about your gift card or would like to check any remaining balance on a gift card, please contact us at [email protected].

 

3.5 Risk and property

The Product(s) ordered shall be at your risk from the time of delivery or collection (as the case may be). Title to the Product(s) ordered shall also pass to you upon delivery or collection (as the case may be), provided that payment in full of all sums due in respect of the Product(s), including shipping costs, has been received.

 

3.6 Price and payment

The price of the Products is as shown on the Site from time to time.

Prices are inclusive of VAT, and we do not charge shipping costs at this time. Any taxes, duties, taxes and brokerage fees incurred as a result of the purchase and sale of the Product, as well as any other expenses arising therefrom, shall be borne by you.

Purchases made by residents in non-EU countries will be exempt from VAT and subject to the payment of the corresponding import tax if the necessary legal conditions are met. The costs of customs clearance and import taxes are not included in the price of the product or in the shipping and therefore must be paid at destination.

Due to their special tax regime, the geographical areas corresponding to the Canary Islands, Ceuta and Melilla are considered as non-EU territories for these purposes.

Prices and delivery costs may be updated at any time, but changes will not affect orders for which we have already sent you an order confirmation.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. If the correct price of a Product is higher than the price listed on the Site, we will normally, at our discretion, either contact you for instructions before shipping the Product, or reject your order and notify you of such rejection.

We may use a third party payment processor (Payment Processor) to process your payments for the Products. Payment processing will be subject to the Payment Processor's terms, conditions and privacy policies in addition to these Terms. We are not responsible for payment processor error. By clicking the "Pay Now" button on the checkout page, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any Products ordered in accordance with the applicable payment terms and authorize us, through the Payment Processor, to charge your chosen payment provider (Payment Method). You agree to make payment using your selected payment method.

 

We reserve the right to correct any errors or mistakes made by the payment processor, even if you have already requested or received payment.

The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, through the payment processor or otherwise, do not receive payment from you, you agree to pay all amounts due on demand. Fees will be charged in the local currency of your shipping address. You are responsible for paying all applicable fees and taxes associated with the Products ordered in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees due using other collection mechanisms. If your payment method is not authorized or accepted, FANCYHAUS reserves the right to cancel your order without further liability or obligation to you. FANCYHAUS reserves the right to stop accepting credit cards from one or more issuers at any time.

You should note that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer refuses to authorize payment for any reason. Please note that you may be charged an online handling fee or processing fee by your card issuer. We are not responsible for this.

The payment of the price of the Product purchased and the shipping costs, which will appear on the screen, can be made either by credit or debit card, or PayPal, Sequra, bank transfer and other options that appear at the time of payment. To proceed with the payment, you must follow each and every one of the instructions that appear on the screen, providing the following information, in case of payment by credit or debit card: a) type of card; b) name and surname of the cardholder; c) card number; c) expiration date; d) as well as any other information required on the screen.

As an electronic payment system FANCYHAUS has also installed an e-commerce payment gateway that has contracted with a bank or with the Shopify platform. All data provided for these purposes are encrypted to ensure maximum security of the same.

From time to time we may run promotions where we issue discount codes. These may be used towards partial payment of the price of the Product(s) ordered online, subject to the terms under which they were issued (as indicated in our relevant promotion from which you obtained the code). Discount codes can only be used once, and only during the validity period indicated and only in respect of the relevant Product(s) indicated. Discounts do not apply to Disney merchandise, sale items, samples or gift cards and cannot be combined with any other offer or redeemed for cash.

3.7 Consumer cancellation rights

You may cancel a Contract at any time before your order is delivered and up to 30 days thereafter, starting the day after your order (in its entirety) is delivered to you. This right shall not apply in the event that the product has been made in accordance with the specifications you have supplied to us and is therefore a customized product.

If you cancel your purchase, you will receive a refund in the same payment method, but please note that shipping and return shipping costs are not refundable in any case.

FANCYHAUS will verify in detail the condition of the returned products. If the product has not been unsealed and keeps its original packaging, or if the product is returned with the original packaging opened, but it is in perfect condition and without any damage or mark, FANCYHAUS will refund the purchase price of the product, deducting the shipping costs, within 30 working days from its reception.

If the products to be returned have been used, manipulated, have marks of use, or have been damaged because they have been returned without adequate protection for transport to our warehouses, it will mean that the exercise of the right of withdrawal will not be admitted in any case.

FANCYHAUS will not be the owner of the returned product until we receive it and the right of withdrawal will not be effective until we receive all the products and we can check in detail the perfect condition of them.

The shipping costs to FANCYHAUS of the returned products will be charged to the customer and therefore will be deducted from the amount to be refunded.

To cancel a contract, you must clearly inform us, by e-mail at [email protected] by giving us your name, address and order reference

 

For this purpose you can use the DISMISSAL FORM;

Sample withdrawal form

(this form must be completed and sent only if you wish to withdraw from the contract)

To the attention of FANCYHAUS via [email protected]

I/we hereby inform you (*) that I/we withdraw from our (*) contract of sale of the Product ________________ with the following data:

- Ordered on/received on (*): ______________

- Reference number: ________________

- Name of the consumer and user or consumers and users: _____________

- Address of the consumer and user or consumers and users: ______________

- Signature of the consumer and user(s) (only if this form is submitted on paper)

- Date: ________________

FANCYHAUS will confirm in writing the receipt of the request and the details of how to proceed with the return. It will be sufficient for you to send your communication before the end of the 30-day withdrawal period and return the item in the manner we indicate in writing (customized products are exempt from these conditions and cannot be exchanged or returned).

 

You must also return the Product(s) to us in accordance with our Returns Policy within 14 days of cancelling your order with us, in the same condition in which you receive them (which does not interfere with your right to take reasonable steps to examine the Product(s) to ensure that they conform to your order). You have a legal obligation to take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may be entitled to deduct the cost of any deterioration (due, for example, to your having used the Product(s), up to the price of the Product(s), from the refund to which you are entitled.

We remind you again that you shall not be entitled to cancel a Contract for the supply of any Product(s) which have been customized or made to your own bespoke specifications (if we offer such options), unless such Product(s) were damaged or defective when delivered to you or were delivered incorrectly.

To return the Product(s), you must package the package securely (making sure to include a note of your name, address and order number (including any order receipt, if we have provided one) inside the package) and then return it to us via our preferred carrier by contacting our customer service. Please keep your proof of posting/shipping and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s) to us, except in the case of defective products or items we replace if the exact product(s) you order is not in stock. Unfortunately, products cannot be returned to any store.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the order confirmation. Nothing in this section affects your statutory rights.

3.8 Our refund policy

If you cancel a Contract between us within the 30-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any event, within 14 days of the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s). We will refund you the price paid in full (subject to any deductions we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, we will not reimburse you for the cost of returning the Product(s) to us. If you received any promotional or other discounts when you paid, any refund will only reflect the amount you actually paid. Refunds are made using the same method originally used by you to pay for your purchase, unless otherwise agreed.

3.9 Defective products

In addition to your 30-day right of return in accordance with our Returns Policy, customers in the European Union have statutory warranty rights and may request repair or replacement of Products purchased from us if these Products are defective or not as described. If the Products cannot be repaired or replaced within a reasonable time or cannot be repaired or replaced without difficulty, you may claim a refund or a reduction of the purchase price. The laws of your country may give you additional rights and remedies.

 

3.10 Product information

While we have taken reasonable steps to represent the Products as accurately as possible through the photographs and other images that appear on the Site, the details (such as color, pattern and texture, etc.) that you see on your screen will depend on your monitor and, as such, may not accurately reflect the actual detail of a Product when you receive it.

Any information on the Site about the sizing of the Products is included as a guide only. If you are in any doubt about the size of any Product you require, we recommend that you contact us before placing an order (see Contact Us).

 

4 Our responsibility

 

Nothing in these terms shall limit or exclude our liability to you:

For death or personal injury;

For damages caused by our negligence;

For fraudulent misrepresentation; or for any other liability which, by law, cannot be limited or excluded.

Subject to the foregoing, we are liable for foreseeable damages and losses resulting from a breach of our material obligations under an order or a Contract. Damages and losses are foreseeable when they could be contemplated by you and us at the time we accept your order.

If you are a business customer, in addition to the above, in no event will we be liable to you for any business loss or any indirect or consequential loss, or for any loss of profits, revenue, contracts, data, goodwill or other similar losses, and any liability we have for losses you suffer arising out of any Contract will not exceed the purchase price of the relevant Products.

We shall not be liable for any damages caused by our failure or delay in performing any of our obligations under any Contract that is caused by force majeure.

5. General

You may not transfer or assign any or all of your rights or obligations under any Agreement.

All notices given by you to us must be sent in writing to the address at the end of these terms. We may notify you at the email or postal address you provide to us when placing an order.

If we do not assert any of our rights, that does not give rise to a waiver of that right.

 

If any provision of these terms is determined to be unenforceable, all other provisions shall not be affected.

These terms may not be varied except with our express written consent.

These terms and any documents expressly referred to in them represent the entire agreement between you and us relating to the subject matter of any Agreement.

These terms shall be governed by Andorran law. You agree that the Andorran courts shall have non-exclusive jurisdiction over any dispute between you and us with respect to these terms or any Agreement.

6. Modification of the terms and conditions of sale

We reserve the right to make changes to our website, our policies and these Terms of Sale at any time.

You will be bound by the terms and conditions, policies and Conditions of Sale in effect at the time you place your order, unless, by law or by requirement of public authorities, a change must be made to such terms and conditions, policies or these Conditions of Sale (in which case, such changes may apply to any orders you have previously placed).

If any of these conditions is declared invalid, void or for any reason ineffective, such condition shall be deemed excluded without such declaration affecting the validity or enforceability of the remaining conditions.

7. Contact with us

Please send any questions you have about these terms, any problems relating to the Site or an order you have placed or ordered in general, or any complaints or concerns regarding any Product ordered by email to. [email protected]