Terms of Use The Fairy's Elderberry, LLC
Last Updated 02/2025

This Agreement governs the use of the Website, intellectual property rights, proprietary blends, dispute resolution, and the limitations of liability for the business and its customers. By accessing and using this Website, you acknowledge that you have read, understood, and agreed to be bound by the terms herein. If you do not agree, you must discontinue the use of this Website immediately.

INTELLECTUAL PROPERTY RIGHTS This Website and its entire contents, including but not limited to text, graphics, code, proprietary blends, trade secrets, and formulas, are the exclusive property of The Fairy’s Elderberry, LLC and are protected under applicable U.S. intellectual property laws, including but not limited to trademark, copyright, and trade secret laws.

Unauthorized use, including but not limited to copying, reproducing, modifying, reverse engineering, or distributing any content, product, or proprietary blend from this Website, is strictly prohibited and will result in legal action. The Fairy’s Elderberry, LLC reserves all rights under intellectual property law to protect its trade secrets, proprietary formulations, and business methods.

USE OF THIS WEBSITE Subject to these Terms of Use & Conditions, The Fairy’s Elderberry, LLC grants a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use this Website for personal, non-commercial purposes. Any unauthorized use, including but not limited to commercial exploitation, reverse engineering, or misappropriation of proprietary content, is strictly prohibited.

Users further agree that they will not:

• Use, copy, screenshot, or replicate any portion of this Website for commercial use or personal gain.
• Attempt to access, reverse engineer, or replicate any proprietary product formulations, trade secrets, or business methods.
• Misappropriate, disclose, or distribute The Fairy’s Elderberry, LLC’s trade secrets or confidential information without express written consent.

PROPRIETARY BLEND AND TRADE SECRET PROTECTION The Fairy’s Elderberry, LLC formulates its herbal supplements using proprietary blends that are legally protected under trade secret and intellectual property laws. These proprietary blends are considered confidential and are not disclosed to the public to prevent unauthorized replication and protect the integrity of the products.

• The proprietary formulas, ingredient sourcing, and preservation methods are strictly confidential and legally protected.
• Any attempt to obtain, reverse engineer, or replicate the proprietary blends is prohibited and will be met with immediate legal action.
• All rights to the herbal formulations remain the exclusive property of The Fairy’s Elderberry, LLC and cannot be copied, distributed, or rebranded by any third party.

Unauthorized attempts to inquire, reproduce, or commercially exploit The Fairy’s Elderberry, LLC’s proprietary formulas and trade secrets will be pursued under applicable trade secret and intellectual property laws.

USE OF THIS WEBSITE Subject to these Terms of Use & Conditions, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, limited license to access and use the Website for your personal, non-commercial use.  You may print hard copies and electronically copy portions of this Website for the purpose of placing an order with us or purchase products or for your own non-commercial, personal use.  Any other use is strictly prohibited.  You further agree that you will not use, copy, screenshot or replicate, any portion of this Website in any form for commercial use or personal gain.

USER GENERATED MATERIALS You may content, including, but not limited to, photos, reviews, ideas, suggestions, links, forum posts and other materials. Anything that you post or otherwise make available on or in connection with the Website is referred to as “User Content.” User Content is non-confidential, non-proprietary, and may be used by The Fairy's Elderberry, The Fairy's Elderberry vendors, or their affiliates for any purpose without further permission, consent, payment, or other consideration, unless prohibited by law. In the event that you post or upload any User Content to the Website or any other social media outlets managed or owned by The Fairy's Elderberry, LLC, including but not limited to Instagram, Facebook, Snap Chat, Tik Tok Pinterest, Tumblr, or Twitter, you grant us a license to use the submissions you post.  By downloading, displaying, performing, transmitting or distributing User Content, you are granting us a license to use the submission in connection with the operation of our business.  By posting, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute the submission.  You agree that we may use, reproduce, distribute, create derivative works of and publicly display submissions. Harassment in any matter or form on the site, including via e-mail, comments uploads, chat or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others, including an The Fairy's Elderberry, LLC or other licensed employee, host or representative, as well as other members or visitors on the Website is prohibited.  You may not upload to distribute or otherwise publish through the Website or other social media platforms any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable which may constitute or encourage a criminal offense, violate the right of any party or which may otherwise give rise to liability or violate any law.  You may not upload commercial content on the site or use the site to solicit other to join or become members of any other commercial online service or other organization. The Fairy's Elderberry reserves the right to modify, review, delete and refuse to post User Content for any reason.

ACCESS BY MINORS In order to purchase or register for an account, you must be 18 years of age.  If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you may not place an order on this Website.  Please see our Privacy Policy for more information about use of this Website by persons under the age of 18. We hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors, pursuant to 47 U.S.C. Section 230 (d), as amended.

REGISTRATION If you set up an account with us to order products, you are agreeing to provide accurate and true information about yourself and to continue to maintain and update to keep it accurate.  This includes your email address.  If any of this information you provide to use is untrue, incomplete or outdated, we reserve the right to terminate your access and use of the Website. You are responsible for maintain the privacy and confidentiality of your user name and password for any and all activities conducted through your account.  You agree not to transfer or resell your use and access to a third party.  You are responsible for all of the activity on your account, including the use of your account by other people who you may or may not have authorized to use it.  Please notify us immediately of any breach of security or unauthorized use of your account.

MEDICAL, NUTRITION, AND PRODUCT INFORMATION Any information on this Website is not meant to diagnose or treat any ailment as this should be done by a competent, experienced naturopathic doctor or licensed medical phys.  It is important to remember that each individual’s body has specific requirements for nutrition and/or health.  Therefore, the information offered on this Website is for historical and general information on spices, proprietary blends is not to be construed as medical advice or treatment for anyone.  Nothing on this Website is legal advice or medical advice or treatment.  The use of elderberry syrup and other herbs, natural remedies is a natural right. All material and information is intended to be used for personal education or informational purposes only.  The statements or products are not intended to diagnose, treat, cure or prevent any condition or disease.  All products should be used strictly as intended.  Please read the label and check with us regarding all ingredients to prevent potential allergic reactions and/or adverse reactions to any prescribed medications.  Use of this Website is not meant to substitute for medical care or advice.  Please consult with your doctor or medical professional regarding the use of any goods, products or information.  IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

COPYRIGHT ISSUES We support the protection of copyrights and follow the rules of the Digital Millennium Copyright Act of 1998 (DMCA), which provides recourse for copyright owners believed to be infringed upon.  If you believe any content on this Website infringes your copyright, please contact us at the below address with a notice of request to remove the materials. The Fairy's Elderberry, LLC e-mail: hello@paristheelderberryfairy.com 

TERMS AND CONDITIONS These Terms of Use & Conditions remain in effect until terminated.  They are applicable upon your accessing the site and/or completing a registration or shopping process.  We may immediately terminate these Terms and your access at any time for any reason, with or without cause, upon notice to you.  Certain provisions will remain in effect after the termination as allowable by law.

LINKED DESTINATIONS This Website may direct you to third party websites through advertisements and/or posted content.  We have no control over third party properties and are not responsible for their content or privacy and other practices.  Redirection does not warrant approval or endorsement by us.  We are not responsible for any damage, loss or costs associated with third party sites.  Please become familiar with their practices and policies.

WARRANTY DISCLAIMER WE HEREBY DISCLAIM ALL WARRANTIES.  THIS WEBSITE, INCLUDING ALL MATERIALS INCORPORATED THEREIN, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGES OR LOSS TO THE EXTENT PERMITTED BY LAW.  WE EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE AS ALLOWABLE BY LAW.

INDEMNITY You agree to indemnify, defend and hold harmless The Fairy's Elderberry, LLC, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of this Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  The Fairy's Elderberry LLC will notify you promptly of any such claim, loss, liability, or demand and will provide you with reasonable assistance, at your expense in defending any such claim, loss, liability, damage or cost.

LIMITED LIABILITY THE FAIRY'S ELDERBERRY LLC LIABILITY TO YOU IS LIMITED.  TO MAXIMUM EXTENT AS PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort or any other legal theory or form of action.

WAIVER AND SEVERABILITY If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

MISCELLANEOUS These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to choice of law provisions.  You agree that any dispute that may arise between you and The Fairy's Elderberry LLC shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of Florida, without giving effect to any choice or conflict of law provisions or rule (whether of the State of Florida or any other jurisdiction).  DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW, BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WIAVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIALS.  WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.  ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

ASSIGNMENT These Terms of Use and any rights granted hereunder may not be transferred or assign by you.  We may assign our rights under these Terms of Use without restriction.

ENTIRE AGREEMENT These Terms of Use, our Privacy Policy and the other agreements referred to herein, if any, constitute the sole and entire agreement between you and The Fairy's Elderberry, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

ACKNOWLEDGEMENT BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS:

The Fairy's Elderberry (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://www.thefairyselderberry.com/pages/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that The Fairy's Elderberry and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of traditional herbal formulas. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@thefairyselderberry.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you, us, and Shopify Inc. any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Tallahassee, FL before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Fairy's Elderberry's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

This Shipping Policy describes how The Fairy’s Elderberry, LLC handles order processing, shipping, and delivery for online purchases. By placing an order on our website, you agree to the terms outlined below.

1. Order Processing Time

Processing Timeline: Orders are processed within 1-3 business days after purchase, excluding weekends and holidays.

Shipping Days: We ship orders on Tuesdays, Wednesdays, and Thursdays only. Orders placed after Thursday afternoon or on weekends will begin processing on the next business day.

Weekends & Holidays: Orders will not be processed or shipped on weekends or U.S. federal holidays. Please plan accordingly, as orders placed on Friday or over the weekend will ship in the following week.

2. Shipping Carriers & Delivery Timeframes

Domestic Shipping: Orders within the United States are shipped via UPS or USPS. The carrier is chosen based on the best available option for your delivery address and timeframe.

International Shipping: Orders to other countries are shipped via DHL, UPS, or USPS, depending on the destination and service availability. International delivery times will vary by destination (customs processing can cause additional delays).

Estimated Delivery: The estimated delivery time for standard domestic shipping is 3-4 business days after processing (once the carrier has picked up the package). Please note that this timeframe is an estimate on actual delivery times may vary based on carrier conditions, weather, or distance.

3. Shipping Fees & Free Shipping Policy

Free Shipping Threshold: We offer free standard shipping on all U.S. orders over $75 (after discounts and before taxes), unless a special promotion that covers shipping costs is applied. If a promotional code for free shipping is used, that promotions terms will apply regardless of order value.

 Shipping Fees for Smaller Orders: Orders under $75 (or that do not meet a free-shipping promotion) will incur a shipping fee. All applicable shipping charges will be calculated and displayed at checkout before you finalize your order.

Tracking Information: Every order includes a tracking number at no extra charge. When your order ships, you will receive an email with the tracking information so you can monitor the shipment’s progress. Please allow up to 24 hours for the tracking link to activate after you receive the notification.

4. Lost, Damaged, or Delayed Packages

Carrier Responsibility: Once an order leaves our facility and is in transit, the selected shipping carrier assumes full control over the delivery process. The Fairy’s Elderberry, LLC is not responsible for lost, stolen, or damaged packages once they have been handed off to the carrier.

Transit Delays: Shipping transit times provided at checkout or by the carrier are estimates and not guaranteed by us. Unexpected delays can occur due to weather, high volume, or other carrier issues. Shipping costs are non-refundable if a shipment is delivered later than the estimated date.

If a Package Is Lost or Delayed: If your package is lost in transit or experiencing a significant delay beyond the estimated delivery window, please contact the carrier directly using your tracking number for the most up-to-date information and assistance. The carrier can provide details on the shipment status and initiate a search if necessary.

Route Package Protection: If you purchased Route Package Protection at checkout, you may file a claim through Route for reimbursement or replacement of lost, stolen, or damaged items. (You would have received a separate email from Route to manage this protection.) If Route Package Protection was not purchased, you will need to file a claim directly with the carrier for any loss or damage during transit. We can assist you with carrier contact information, but we are unable to reimburse or replace items that are not covered by Route or by the carrier’s claims process.

5. Failed Delivery & Returned Packages

Delivery Attempts: If a delivery attempt fails (for example, no one is available to receive the package, the address is inaccessible, or a signature requirement is not met), it is your responsibility to arrange re-delivery with the carrier or to pick up the package from the carrier’s designated local facility. Carriers typically leave a notice or update the tracking information with instructions in such cases.

Carrier Hold for Pickup: Most carriers will make multiple delivery attempts or hold the package at a local post office or distribution center for a short period (often 5-7 days) to allow for customer pickup. Please follow the instructions provided by the carrier (via the notice left or the tracking update) to reschedule delivery or retrieve your package in a timely manner.

Unclaimed & Return-to-Sender Packages: If a package is unclaimed or undeliverable and is returned to us by the carrier, we will issue a refund for the product cost only once the return is received at our facility. Shipping fees are non-refundable on returned packages since the carrier was already paid for the initial delivery attempt. (If you wish to have the order re-shipped, you will need to place a new order or make separate arrangements, as returned orders are typically refunded and not automatically re-sent.)

6. Return & Refund Policy for Undelivered Orders

Reporting a Missing Order: If you have not received your order within the expected timeframe, you must report the missing order to us within 7 business days of the shipment date (this date can be found in your shipping confirmation email) to be eligible for resolution. Timely reporting allows us to assist in locating the package or filing appropriate claims.

Reports Outside the Window: We are unable to offer refunds or free replacements for packages reported as lost after this 7-business-day window has passed. Failure to notify us within this timeframe will release The Fairy’s Elderberry from any obligation to investigate or compensate for the missing order.

Resolution Process: For missing package reports made within the allowed time, we will work with you to locate the shipment. We may reach out to the carrier to initiate an investigation. If the package is confirmed lost in transit, we may send a one-time replacement at our discretion. Refunds for undelivered orders are not guaranteed and will be evaluated on a case-by-case basis. (Replacements, when provided, will be shipped with the same shipping method originally selected.)

7. Customer Responsibilities

Accurate Address: Provide a complete and accurate shipping address at checkout. We ship to the exact address you provide. The Fairy’s Elderberry is not liable for delays or losses if an order is delivered to an incorrect or outdated address that was entered at checkout. Please double-check your address (including apartment/unit numbers and ZIP code) before finalizing your order.

 Receiving the Package: Monitor your shipment using the tracking information we provide, and ensure that someone is available to receive the package upon delivery. If a delivery attempt is missed or a notice is left, promptly contact the carrier to arrange re-delivery or pick up the package within the carriers holding period. This helps prevent the package from being returned to us as unclaimed.

Opting Out of Shipping Insurance: If you declined Route Package Protection (shipping insurance) at checkout, you are assuming the risk for any loss or theft that may occur in transit. In such cases, if your package is marked as delivered but you cannot locate it (or it never arrives), you are responsible for filing a claim directly with the shipping carrier for the lost or stolen package. We will provide any information needed (such as proof of shipment or receipts) to assist you with your carrier claim, but we will not issue a refund or replacement for items not insured through Route or not reported in time (as per Section 6).

8. Contact & Dispute Resolution

How to Contact Us: For any questions, concerns, or assistance regarding your shipment, please contact us at hello@thefairyselderberry.com. Include your order number and a clear description of the issue in your email. Our customer service team will respond as soon as possible (generally within 1 business day).

Reporting Issues Promptly: To be eligible for support or claims related to shipping, all issues must be reported within the timeframes specified in this policy (for example, non-receipt of an order must be reported within 7 business days of shipment as noted above). Delayed inquiries may limit the assistance we can provide.

 Policy Updates: The Fairy’s Elderberry, LLC reserves the right to modify or update this Shipping Policy at any time without prior notice. Changes will be effective immediately upon posting to our website. We encourage you to review this Shipping Policy periodically for any updates. Your continued use of our website or services after any changes constitute your acceptance of the revised policy.