Terms and Conditions are subject to change, for the latest version of these Conditions please see it online on our Website. These Conditions can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website, e-mail or/ and by telephone.
(TERMS AND CONDITIONS FOR ORDERS PLACED BY TELEPHONE, E-MAIL OR VIA OUR WEBSITE VERSION DATED 01/01/2022)
Please read these Terms and Conditions carefully and make sure that you fully understand them before using our Services. Please note that by using the Services, you automatically agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the FAIRYTALE’s Website. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
When we refer to "we", "us”, “our", “manufacture” or “seller” we mean FAIRYTALE Lda. Where we refer to "you" or "your" we mean you, the person using the Services.
ENTIRE AGREEMENT
Acceptance of orders is based on the express condition that the buyer agrees with all of the terms and conditions contained herein. Acceptance of delivery by Buyer will constitute buyer’s assent to these terms and conditions. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying, or otherwise changing the provisions stated herein, shall be binding upon manufacturer unless prior written approval is signed and approved by an officer of the manufacturer. No modification of any of these terms will be affected by the manufacturer’s shipment of goods following receipt of buyer’s purchase order, shipping request, or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
FORCE MAJEURE
All quoted completion and delivery dates are estimates only. FAIRYTALE shall not be liable for delays in completion, shipment, or default in delivery for any reason of force majeure or for any cause beyond Manufacturer’s or FAIRYTALE'S reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Manufacturer’s inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of Manufacturer or others, (e) fire, flood or another casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in the Manufacturer’s performance due in whole or in part to any cause beyond the Manufacturer’s reasonable control, the Manufacturer shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.
PRODUCT FEATURES
1. We reserve the right, without prior notice, to discontinue products or change specifications on products.
2. Many finishes are applied by hand and may vary in color, tone, and character. While we will make every effort to match a finish, no guarantee can be made of an exact match. We cannot guarantee finishes against fading and oxidizing throughout the years. Due to the nature of the FAIRYTALE manufacturing process and techniques, certain products may exhibit slight variations, minor marks, pitting, porosity and/or color anomalies. Variations in colour and veining are inherent in wood, stone (marble) and considered to be part of the natural beauty of the material.
3. All of the Seller’s drawings, descriptive matter, weights, dimensions, descriptions, and illustrations contained in its catalogs, price lists, or advertisements are close approximations only and intended to give a general description of the goods. Furniture and lighting pieces are handmade, and therefore are subject to slight variations.
4. All upholstery products can have up to 5cm/1.97in variation due to the handmade process of FAIRYTALE’s production. FAIRYTALE will not accept custom dimension requests with less than 10cm/3.94in difference from the standard product, or claims regarding dimension variations under 5cm/1.97in.
5. Mattresses are not included on our beds.
6. The Seller does not guarantee fabrics, dyed or natural, from fading. The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise, including but not limited to any implied warranties of merchantability or fitness.
7. FAIRYTALE is free to apply any design changes without prior notice. Images on the catalog or website may vary from the final product. Nonetheless, we work every day to enhance our product’s quality, aesthetics, usability, and reliability.
8. The colors of the materials may variate according to the device that you are using. The same image will look different on a laptop and mobile device because the resolution is different on both devices. The visual dimension of the display varies depending on the size of the screen.
9. For lighting pieces plugs and switches are included and in accordance with the standards of the country to which the product is destined.
10. We do not supply any bulbs.
11. After we receive the confirmation of an order, by receiving and acknowledging the payment, we need to wait for a confirmation from the fabric brands with who we work. FAIRYTALE is not responsible for the lack of availability of the fabrics from external brands.
12. If the client chooses his own fabric (COM – CLIENT OWN MATERIAL) the lead time of the order only will start from the date we receive and confirm the arrival of the fabric.
13. FAIRYTALE is not responsible for any issue that may occur on an item that was made with COM fabric (CLIENT OWM MATERIAL – SUPPLIED BY THE CLIENT). This also means that we are free off any charges or responsibility for any events that might occur with client’s own fabric (wrinkles, shredded fabric, or any usual marks that we fabric could have during the production).
PRODUCT CUSTOMIZATION
1. We are capable of customizing existing products or new products to meet contract specifications – all situations that require custom designs are subject to an upcharge. Special pricing based on quantity and features will be provided upon request for all customized products – the decision will be made on a case-by-case basis and the Buyer will be notified of any said fees.
2. Before any order, we are free to charge a design fee for more extensive drawings or renders the client may request for customized products. These fees are non-refundable once paid for and will be deducted from the final cost of the order.
3. Any customization regarding specific dimensions or finishes will require special pricing based on product quantity and features. In such cases, additional design fees may apply. This will be determined on a case-by-case basis at which time the Buyer will be notified of any said fees.
4. For pieces with custom specifications the Seller reserves the right to extend the listed lead time.
5. Custom orders are not returnable under any circumstances
6. Fabric quantity requirements are based on a standard width of 1,40m/55.11in for plain fabrics. If the Buyer’s fabric has a different width or contains a pattern, FAIRYTALE must be notified in order to provide the Buyer with the exact required fabric quantity.
7. FAIRYTALE provides the service of ANTI STAIN fabric treatment. The cost of this service is provided by our sales team and it depends on the total amount of fabric required in the order. Notwithstanding this service, there are some fabrics from our fabric partner brands that are already with this treatment. This protection helps the fabric or fiber from absorbing the stain, giving you a chance to remove the cause before it becomes permanent.
8. FAIRYTALE provides the service of FIRE RETARDANT fabric treatment. The cost of this service is provided by our sales team and it depends on the total amount of fabric required in the order,
9. If requested, we can apply an Interliner Fire Retardant in our upholstery items between the foam and the fabric. This material has a cost of 50€ (EURO PRICE LIST) and $60 (USD PRICE LIST) per fabric meter used in the upholstered item (price to be applied in the items after discount).
10. If requested, we can apply FR foam to our upholstery items. This customization has a cost of 15% per item (price to be applied to the items after discount).
PRICES
1. The values on Euro and Dollar Price Lists are public and substitute any other published or advertised before.
2. All prices are EX-WORKS from Portugal. They do not include any transportation costs or fees associated.
3. Standard packaging is included in the price. The client can require specific packaging, although it will be charged accordingly.
4. We reserve the right, without prior notice to change the retail price list.
5. Prices always refer to a single unit and VAT is not included in the price. All legal taxes and fees must be subsequently added to the price.
6. Each time there is a request to change the information in the proforma already paid in advance, there is an additional administrative fee of 10% under the total amount paid in the proforma after the discount.
7. All taxes and excises of any nature whatsoever now or hereafter collected by a governmental authority, whether federal, state, or local, either directly or indirectly, upon the sale or transportation of any goods covered, hereby, shall be paid and borne by Buyer.
SHIPPING POLICY
1. The prices are EX-WORKS, so transportation costs and fees are not included. Shipping costs are available so please contact us for additional information.
2. Whenever the client chooses to transport the product(s) by his/her own method or means, we will be free of any charges or responsibility for events that might occur during transportation.
3. If the transportation is requested from us, it will be charged apart from the product’s value. Please note all transportation services require the receiver of the goods to verify their status with the carrier upon delivery. The POD must be signed with reservations subject to verification with/without apparent damage and provided to us whenever requested. Failure to do so, or to provide written a claim for any damage or loss within 7 working days of the delivery will automatically release us from any liability for damage sustained in transit cargo. We will also not be resulting from handling, loading or unloading by people acting on behalf of the receiver. Any transportation of the piece from destination to a second location will forfeit any transportation damage claim.
4. Shipment arranged by FAIRYTALE includes door-to-door, drop-off service only. Delivery personnel is limited to delivering to the physical shipping addresses only. The personnel is not permitted to handle, uncrate, or remove any packaging or materials. Should the Buyer request a specific method of shipment beyond the aforementioned shipping method of the Seller, the Buyer is subjected to all additional costs of additional services.
5. Additional services would include but are not limited to air freight, special handling, and/or white glove services.
6. For orders with the final destination out of Europe, we reserve the right to issue the DU (export document) which has a cost per invoice.
7. USA - For orders shipped by air to the US, we reserve the right to issue the DU (export document) which has a cost per invoice.
STORAGE
1. Storage fees may be applied up to10% of the total invoice price per week if the outstanding invoice balance is not paid in full and/or shipping arrangements have not been made within ten (10) business days after being informed that the order is ready. The 10% charge will be compounding each week in Portugal. If the order is not picked up within 1 month, the pieces will automatically pass to the brand’s stock list. From the moment pieces belong to our stock, to recover your order, you have to pay the full amount of the invoice. We don’t guarantee that pieces have not been sold meanwhile.
STOCK
1. We keep a reasonable number of products available for shipment. To get hold of our Ready to ship List, please contact one of our Sales and Product Specialist.
SAMPLES
1. FAIRYTALE has samples available for all its standard finishes. If the client wishes to acquire any of the finishes the client should contact, via email at info@the-fairytale.com or via phone at +351 910 065 433 or +351 910 065 621 in order to purchase them.
PACKAGING
1. Packaging is included in the price. When mandatory the use of wooden box the client should instruct when placing the order. If the client requires specific packaging, they will be charged accordingly.
CERTIFICATIONS
1. We may provide all of the following services for a special fee – please contact our staff regarding prices: Certificate of Origin, Authentication of Invoices, SASO Certificates, Inspections, Storage and Demurrage, Change of Details on Final Invoice.
CLAIM AND RETURN POLICY
1. Should the article received fail your expectations in any way, please provide written a claim to us within the first 48 hours after reception. Photographic evidence supporting your allegation must be sent by e-mail to info@the-fairytale.com or the respective sales representative. Upon confirmation of any defect, we compromise to replace the defective part/piece integrally, within a period agreed with the client. The defective part/ piece must be received by us in its original package before any replacement can be sent - especially in all cases concerning customized products or new products created to meet contract specifications.
2. For all sales made to Russia, and in case of returning the goods for complaint, it is the customer’s responsibility to get the goods to a point of distribution in Europe, such as Italy or Germany, and support this shipping. After checking the claimed piece and in case of proof of production problem, we will support all the previous transportation costs related to the fixing of the issue.
3. After the response on the behalf of the brand to a client’s complaint, if it doesn’t obtain a response from the client in 20 days, the brand reserves the right to cancel the complaint.
ACCOUNTS
1. All accounts will only be registered once the first Pro-forma invoice is issued. The client has to provide valid company details such as Billing Name, Billing address, VAT number (company registration number or resale number). A credit application accompanied by the client’s certificate of resale is required to open an account. Open credit terms will be considered on an individual basis, after the first Pro-forma invoice order.
FLOOR SAMPLES
1. Floor Samples - Get unmatched savings on discount furniture.
2. FAIRYTALE brings a collection of floor samples at great value and ready to ship.
3. These pieces, in most cases, are used in our design trade shows, showrooms, or returned pieces from our clients.
4. Due to the handmade nature of all of our products, finishes may vary, and minor imperfections may exist. Quantities are limited and all sales are final.
5. You can find some furniture pieces that have been featured in our showrooms and discontinued products as well (every piece functions properly and shows no signs of any mechanical flaw nor functional imperfection);
6. Please note that the sale of “floor samples” is final. No returns will be accepted, no other discounts applied and stock is limited to what is available in store.
7. Every piece available at Floor Samples is sold as a single unit, there might be the possibility of a piece not being available due to orders being placed simultaneously. If in fact, this type of situation occurs, our team will contact you to give you other solutions.
PAYMENT CONDITIONS
1. Standard Product - 40% to adjudicate the work (order) + 60% before the goods are shipped.
2. Custom-made Product - 50% to adjudicate the work (order) + 50% before the goods are shipped.
3. Orders go into production only after our company has confirmed that the final invoice is signed/stamped by the client and the adjudication value has been received.
4. The payment must be made by account transfer (in Euros) and the confirmation (receipt) of the transfer must be sent along with the signed/stamped invoice by e-mail (info@the-fairytale.com) or the respective sales representative.
5. The remaining amount must be paid until 3 days before the expedition date. FAIRYTALE reserves the right to postpone the expedition date until full payment is received and confirmed.
6. All products are FAIRYTALE’s property until the payment is fully received and confirmed.
7. The lead time starts the day the orders go into production, except in those cases that we use COM fabric supplied by the client (CLIENT OWN MATERIAL), and here the lead time of the order only will start from the date we receive and confirm the arrival of the fabric.
8. Any need to change the billing name or the billing address after we received the advance payment in our bank account and invoice the PO (purchase order) and the FAA (Advance payment invoice) has a penalty of 10% of the total amount of the PO (purchase order) after discount. The FAIRYTALE only will do these requested changes after receiving the amount of the penalty in our bank account.
9. Payments are non-refundable.
10. All custom clearance that for any reason came issued to FAIRYTALE, from receiving COM FABRIC’s (Clients own material) will be paid from FAIRYTALE in order to speed up the process of receiving the fabrics, but it has a fee of 20% from the total amount paid to the customs or the shipping company.
LEAD TIMES
1. Between 8-10 weeks + 2 for customized works + shipping.
2. FAIRYTALE is not responsible for delay in production time if there is a failure in submitting the confirmation (receipt) of the transfer.
3. Lead time for orders with COM/COL products only starts once the fabric or leather arrives at FAIRYTALE’S office and is properly identified.
4. All fabrics must be identified with the proper COM/COL Form that is sent together with the proforma.
5. FAIRYTALE is not responsible for delays in production or any fabric misuse if the fabric is sent without proper identification by the Buyer.
6. Due to the current situation in Europe, the lack of raw material has influenced our production flow and can have an impact on the standard lead time. Please know that we’re doing everything possible to ensure that this is a transient situation however, this goes beyond our company power.
PAYMENT DETAILS
Order address
Name: Private Label, Lda.
Address: Rua de São Domingos, Loja 101 G, P3FN22, 4590-060 Carvalhosa, Paços de Ferreira
VAT n.º 514 703 490
Account Number (Euros)
IBAN: PT50 0018 0003 46162723020 39
SWIFT: TOTAPTPL
NIB: 0018 0003 46162723020 39
Company’s bank’s address
Name: Santander Totta, S.A.
Address: PT Bento Jesus Caraça
WARRANTY AND DISCLAIMER
1. There are no warranties along with our products. When issues arise, FAIRYTALE reserves the right to determine whether a replacement or repair is most appropriate.
CONTRACT/HOSPITALITY ORDERS
1. Our company has the ability to customize existing products or new products to meet contract specifications. These orders will need special pricing based on quantity and features.
Please contact us for contract quotes.
INTERNET POLICY
1. Dealer internet websites may neither advertise nor in any way display our company’s name, logo, product images, or any other branded company symbols or information without prior written consent from the company.
2. Dealer websites may not display pricing on our pieces, promotional offers, discounts, or value statements (e.g. lowest price in town). Please contact us for further company guidelines on internet usage.
COPYRIGHTS
1. All rights reserved. No part of our design pieces may be reproduced, distributed, or transmitted in any form or by any means, including prototyping, 3D drawings, or other electronic or mechanical methods, without the prior written permission of the brand, except for non-commercial uses permitted by copyright law. For permission requests, write to the brand, addressed “Attention: CopyRight permission,” at info@the-fairytale.com.
CONTACTS
FAIRYTALE’s main office
Tel.: +351 910 065 433 | +351 910 065 621
E-mail: info@the-fairytale.com
Website: www.the-fairytale.com
LIABILITY
FAIRYTALE shall not be liable for any lost profits or savings, loss of reputation or goodwill, indirect or incidental or consequential damages arising out or in connection with the sale of the goods.
Terms are subject to change at any time without prior notice
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