Terms of Sale
Thank you for your purchase from PetalwinktheFairy.com™. The PetalwinktheFairy.com website and all items on the site are owned by Three Trees, Inc. which may be referred to in these Terms and Conditions of Sale as “Three Trees”, “us”, or “we.” We maintain the PetalwinktheFairy.com™ site (the “Website”) to provide you and your children with entertainment, information, education and shopping convenience. Your product purchases are governed by these Terms and Conditions of Sale. These Terms and Conditions of Sale may be revised from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.
Money Back Guarantee
We hope that you and your child enjoy the products you purchase through the PetalwinktheFairy.com ™ Website. However, if you are not completely satisfied, we ask that you complete the return order form enclosed with your purchase, and ship the items back to us in unused condition, along with the packing slip that you receive with your shipment. If you no longer have the packing slip that accompanied your order, please include a note specifying your name, shipping address (including zip code), and reason for return. Please ship your package by insured parcel post or UPS ground, shipping and insurance prepaid to:
P.O. Box 92
O’Fallon, MO 63338
Upon receipt, we will process your return order and refund your credit card in the full amount of your purchase price.
Shipping and Risk of Loss
We ship orders by the United States Postal Service. Standard Delivery orders should arrive at their destination 10 to 14 business days from the date the order is received in our system, pending credit card authorization of your order. For further information on the cost of shipping and expedited shipping options, please click here. At this time, Three Trees only ships products within the United States. All items purchased are shipped pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
THE PETALWINKTHEFAIRY.COM ™ WEBSITE IS PROVIDED AS A SERVICE TO YOU. THE PRODUCTS MADE AVAILABLE TO YOU FOR PURCHASE THROUGH OUR WEBSITE ARE OFFERED BY THREE TREES IN “AS IS” CONDITION, MEANING THAT THREE TREES DOES NOT ENDORSE THE PRODUCTS OFFERED NOR DOES IT OFFER WARRANTIES OF ANY KIND IN CONNECTION WITH THE PRODUCTS PURCHASED THROUGH THE WEBSITE, OTHER THAN THE MONEY BACK GUARANTEE LISTED ABOVE. THREE TREES DOES NOT WARRANT THAT THE PRODUCTS AVAILABLE FOR PURCHASE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE ACCURATE, RELIABLE OR FREE OF DEFECTS. THREE TREES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS MADE AVAILABLE FOR PURCHASE THROUGH THIS WEBSITE. Some states do not allow limitations on how long an implied warranty lasts so the above limitations may not apply to you. No advice or information, whether oral or written, obtained by You from Three Trees creates any warranty or guaranty not otherwise expressly made in these Terms of Service.
Limitation of Liability
THE MONEY BACK GUARANTEE OFFERED ABOVE IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO YOU FOR PRODUCTS PURCHASED ON THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PURCHASING AND USING CONSUMER PRODUCTS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL THREE TREES NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR INDEPENDENT CONTRACTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OFFERED ON OUR WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), AND EVEN IF THREE TREES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THREE TREES EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT. The term “consequential damages” shall include, but not be limited to, loss of use and loss or damage to property. Some states do not allow the exclusion or limitation or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Errors on the Website
We make every effort to ensure that all prices, product descriptions, and other content on the Website is accurate and up to date, however, we may inadvertently enter an incorrect price or description. In addition, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products. Prices and availability are subject to change without notice. Three Trees will correct content errors within a commercially reasonable time following discovery. Three Trees reserves the right at any time to revoke any stated offer and to correct any content errors, inaccuracies or omissions with respect to a stated offer. If, as result from any of the foregoing content errors, the stated offer has materially changed or the shipping dates have been delayed by more than 30 days, we will notify you of these changes or delays within a reasonable period of time, and you will have the option of either canceling your order and obtaining a refund, or accepting the order with a delayed shipping date. If we must revoke an offer for which your credit card has already been charged, we will issue a credit to your credit card account in the amount of the charge. Once your order arrives, should you not wish to keep the affected product, please follow the instructions in your return order form, and we will refund your credit card in full upon receipt of shipment.
Quantities May be Limited
Three Trees may, at its own discretion, limit or cancel quantities purchased on an individual, household or per order basis. We reserve the right to limit the quantities sold, including the right to limit or prohibit sales to dealers.
You agree as a condition of purchasing products on our Website to provide true, accurate, current and complete information as requested, including correct mailing address for home or business (as applicable) and valid credit card information. We reserve the right to prohibit future purchases if your registration information is untrue, inaccurate, not current or incomplete.
Jurisdiction, Venue, and Alternative Dispute Resolution
These Terms and Conditions of Sale are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflicts of law provisions. Any controversy or claim relating to these Terms and Conditions of Sale or purchase made hereunder that are not otherwise resolved between us will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), administered in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Such arbitration shall be conducted in St. Louis, Missouri, and judgment on the arbitration award may be entered into any court having jurisdiction of it. The arbitrators shall have the power to award specific performance or injunctive relief and reasonable attorneysÕ fees and expenses to any party in any such arbitration; the parties acknowledge that the courts shall have similar power with regard to the injunctive and other equitable relief sought by Three Trees. Any claim or cause of action that you may have with respect to a product purchased under these Terms and Conditions must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Three Trees relating to your purchase of products or use of this Website will be instituted in the United States District Court Eastern District of Missouri, or in St. Louis County state court. Accordingly, you hereby submit to the exclusive personal jurisdiction of the federal and state courts located in the City and County of St. Louis, Missouri and waive your rights to removal or consent to removal. The arbitration award shall be final and binding upon the parties and judgment thereon may be entered in any court having jurisdiction thereof. The foregoing provisions of this paragraph will not apply to any legal action taken by Three Trees to recover damages or commence equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to your purchase of products through this Website.