Terms of Service
LEGAL TERMS OF SERVICE
This website is operated by Finicky Filly. Throughout the site, the terms “we”, “us” and “our” refer to Finicky Filly. Finicky Filly offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions, disclaimers, and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SHIPPING TERMS OF SERVICE
AT THIS TIME SHIPMENTS OUTSIDE THE US & CANADA ARE NOT AVAILABLE.
Finicky Filly is not liable for any lost, missing, or stolen merchandise purchased. If you feel your purchased product is defective in anyway, please provide photographic evidence, and email us within 14 days with the original purchase order number to confirm proof of purchase, and that your order falls within the 14 day time frame. We will consider your inquiry and work with you from there. All products are thoroughly examined before shipment, and Finicky Filly is not liable for any damaged items during or after carrier transit.
We have no control over the United States Postal Service or UPS. If your package is delayed, or has been at a location that is not your delivery address for more than 10 business days, please contact your local Post Office or UPS Center. If your package has been marked as Delivered, but is not in your possession for whatever reason, there is absolutely nothing we as a company can do, as we have to put trust into the United States Postal Service at that point. If USPS or your local postal carrier deem the package was NOT delivered, though the package is marked as delivered via the tracking information, you may provide us with documentation from the carrier stating the package cannot be located, and we will work with you from there. (Note: Claims with USPS can only be opened and acknowledged if Priority Mail is selected. We do not issue refunds for packages that are marked delivered that are not in your possession.)
International Orders may be subject to import duties and taxes which are levied once the parcel reaches your country. You are responsible for paying additional charges for customs clearance. In rare circumstances Custom's Officials may miss these import duties to be collected, consider this a blessing as it will not always be the case. Please note that some countries have increased their tarrif's to be collected on items being exported from the U.S. Under no circumstances will we falsify a shipments weight or it's contents value. After shipments have left the United States successfully, International Orders can no longer be refunded or replaced. If a Discount Code is used at Checkout, please be advised that all customs forms will state the contents true value before any Discount Code is used. Please be advised that depending on your country, tracking information may cease in the U.S. and not be updated beyond a certain checkpoint. If your order is being shipped outside of the USA we may need to relinquish a digital confirmation of your order, email, or phone number if requested by the carrier or customs in order to contact you about picking up your order.
If your package is unable to be delivered for any reason (ex. insufficient information, failure to receive, unpaid customs, ect.), and is returned to us it is your responsibility to contact us regarding the order. We are not responsible for any shipping fees required for redelivery, and will not refund any shipping fees paid. We will hold your order for 30 days. If you have neglected to contact us about an undelivered package once 30 days has passed your order will be marked as ‘Abandoned’ and returned to our regular inventory without refund.
Any Free Shipping offer will be First Class with tracking unless weight exceeds 16oz. Packages that exceed 16oz. will be shipped USPS Priority or UPS. We retain the right to change any Free Shipping promotional offers or time frames any time we see fit.
NOTE: ALL orders over $150 will require signature for delivery.
SHIPPING TIME FRAME
USA (AFTER SHIPMENT)
USPS Standard: 5 to 7 Business Days
USPS Priority Mail: Typically 2 to 3 Days
UPS Ground: 5 Business Days
NOTE: THESE ARE ESTIMATED TIME FRAMES AS WE HAVE NO CONTROL OVER USPS/UPS AND THEIR DELAYS IN DELIVERY. FOR THIS REASON WE DO NOT REFUND SHIPPING COST IF YOUR PACKAGE ARRIVES LATER THAN EXPECTED.
INTERNATIONAL (AFTER SHIPMENT) (CURRENTLY UNAVAILABLE)
Standard: 10 to 21 Business Days
We typically ship out daily, Monday - Friday, but this does not mean your order will ship same day or next day. We will notify you to any delays or extended time frames on our social media or make clearly visible on our website.
NOTE: Products may have an extended shipping time due to being part of a preorder or being a "made to order" product that we do not keep stock of in house. These products will have a notice in the description explaining their extended turn around time.
NOTE: We DO NOT guarantee expected shipment dates during the Holiday Season. We will not post on any Social Media about a final date in order to expect your package.
ORDER / SALE TERMS & CONDITIONS
We retain the right to cancel or refund any orders we see fit at any time. These actions are automatic, and will be based on any data collected, previous interactions, or prior discussions. If the payment process is denied during checkout more than twice your information will be flagged from purchasing any products in the future due to risk of fraud. If for whatever reason you file a claim with your form of payment past the 30 Days given to return, exchange, or refund we will provide them with our policy information and all documentation needed.
If there is an issue with your order under rare circumstance we may require further information in order to conduct research with our platform host if necessary. If we are unable to locate your order via your name or email address you will be required to provide us with your order number, a screen shot of your confirmation email, or a screen shot from your bank statement (please crop out all banking details before sending), in regards to funds withdrawn from the platform host in order to complete the purchase, in order for us to continue our investigation and further research your orders issue. This evidence will only be provided to us and our platform host as we conduct the investigation into your order issue.
The reselling of our products is something we cannot control after purchase, however, the reselling of our products on Etsy and other handmade or vintage e-commerce platforms goes against their Terms & Conditions as our products are not considered vintage, and are not handmade by YOU. If it is brought to our attention that our items are being sold on one of these platforms we will be forced to provide information regarding your order and listing to the host.
Sale Prices are not retroactive, and cannot be applied to a previously placed order. (If you request this to be done we will cancel the first order so you can place a second order that includes the discount. Please Note: ALL products are limited, and we can not guarantee they will be in stock if a second order is needed.) Active Discount Codes will be paused during store wide sale time frames that are greater than 10%, and resume when sale period is over. Please note that Made To Order items will not be eligible for discount during sale time frames.
MISSING ITEM CLAIMS
The following agreement is put into effect once items have been purchased: Due to the limited nature of our products, every piece of inventory and order is carefully packaged to ensure all ordered contents are placed within. If you have an issue with your package, it is important you contact us immediately. You will need to provide photographic evidence of the packing slip that is signed off by a member of our team. The window for these types of investigations is 48 Hours after the carrier has marked the package as delivered. We will begin with an inventory count, and based on our research further determine if those goods were in fact not shipped accordingly. Any messages received regarding missing items after the 48 Hour window will be declined.
MADE TO ORDER & PREORDER RELEASES
Made To Order and Preorder items are subject to an extended shipment time frame. Turn around times on when to expect shipment will be listed in the description of the product itself. We will ship units once they are in hand. Whenever purchasing an item that is either Made To Order, Customized, or a Pre Order item you agree to allow us to contact you directly with any updates or delays via email.
DISCLAIMERS AGREED TO WHILE VISITING OR ORDERING
GENERAL PACKAGING DISCLAIMER
Finicky Filly is not responsible for any allergic reactions as a result of our products. A majority of our products contain a wide variety of textiles including cotton, elastic, nylon, polyester, wool etc. Metals include nickel, stainless steel, gold, silver, and rose gold (both solid and plated).
GENERAL PRODUCT DISCLAIMER
Finicky Filly is not responsible for any property, personal property, or personal damage or injury involving any and all products sold on this website or by any of our third party retailers. By purchasing our product you agree to the former and the following information: I understand that all products purchased from this website are 100% safe in their current and still standing form. Any damage to property (or someone else's property) or injury caused to myself or someone I know is fault of my own and there will be no replacement or reimbursement of any kind (this includes replacement or reimbursement of the product itself and personal property), and I will not hold Finicky Filly responsible.
PRODUCTION QUALITY DISCLAIMER
Finicky Filly is aware that on rare occasions some items may include what could be perceived as defects. This includes pressure areas for adhesives, slight imperfections in printing or sewing, etc. If you feel your item has a defect that is effecting the products durability or overall usage please contact us directly and we will work with you to come to a reasonable resolution if possible. Please understand there are certain production factors that are out of our control as a company. We strive for perfection, but since a majority of our items are mass produced it is impossible to ensure absolute perfection on every items purchased from us or our subsidiary's or collaborators. We are not able to offer resolutions based on imperfections unless it is clearly damaging to the design or artwork, and reports will be examined and taken case by case.
PERSONAL INJURY DISCLAIMER
Finicky Filly is not liable nor responsible for any harm to you or someone you know when injury is caused by ANY product sold on our website.