Terms of Use and Purchase

Effective Date: November 20, 2024

This website https://fablelistikeditions.com/ is owned and operated by Fablelistik Editions (“Fablelistik,” “we,” “our,” “us”).

General Provisions

These terms govern your access to and use of the Site including any purchase of any of our products from the Site (collectively, the “Services”). By confirming your purchase you agree to these Terms of Use and Purchase (the “Terms”). If you do not agree to these Terms in full, you may not access or use any of the Services and you must immediately cease all access thereto and use thereof. The Services have been designed to comply with the laws of the State of New York and of the United States. If the Services or your use of the Services, is contrary to the laws of the place where you are when you access it, the Services are not intended for you, and you should not use the Services. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

The Services are offered and available to users who are 18 years of age or older, and you hereby represent and warrant that you are at least 18 years of age.

We may revise and update these terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. If you do not agree to the changes, you must stop using the Services. Your continued use of the Services following the posting of revised terms means that you accept and agree to the changes. Please check this page periodically so you are aware of any changes, as they are binding on you.

Fablelistik respects the privacy of our users. Information collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Notice.

Your Use of This Site

The Services are offered and available to users who are 18 years of age or older, and you hereby represent and warrant that you are at least 18 years of age.

We may revise and update these terms from time to time in our sole discretion. All changes are effective immediately when we post them , and apply to all access to and use of the Services thereafter. If you do not agree to the changes, you must stop using the Services. Your continued use of the Services following the posting of revised terms means that you accept and agree to the changes. Please check this page periodically so you are aware of any changes, as they are binding on you.

Fablelistik respects the privacy of our users. Information collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Notice.

Site Access License

Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Site. This license does not include any (i) resale or commercial use of any element of the Site or Services; (ii) collection and use of any product listings, descriptions, or prices; (iii) derivative use of any element of the Site or Services; (iv) downloading, copying, or other use of account information for the benefit of any third party; or (v) use of data mining, robots, or similar data gathering and extraction tools.

Restrictions on Use

You will not, and will not assist, encourage, or enable others to: use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, crawl, or index any portion of the Site or Services; remove or modify any copyright, trademark, or other intellectual property rights legend that appears on or in the Site or Services; record, process, or mine information about other users; reformat or frame any portion of the Site or Services; take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our or our provider’s technology infrastructure or otherwise make excessive traffic demands of the Site or Services; attempt to gain unauthorized access to the Site or Services, user accounts, computer systems or networks connected to the Site or Services, through hacking, password mining, or any other means; or use any device, software, or routine that interferes with the proper working of the Site or Services, or otherwise attempt to interfere with the proper working of the Site or Services.

Third Party Links

The Site may include links to other websites (each, a “Third-Party Site”). Unless we state otherwise, Fablelistik Editions and its affiliates do not own, operate, control, or endorse any information, products, or services on any Third-Party Site. Links to Third-Party Sites and resources are provided for your convenience only. We are not responsible for, and we do not warrant any availability, contents, materials, products, or other information of any Third-Party Sites. Your use of any Third-Party Site is at your own risk and is subject to the terms and conditions of use the applicable Third-Party Site. We accept no responsibility for Third-Party Sites or for any loss or damage that may arise from your use of them.

Products

Each title of a Fablelistik Edition may be offered in one or more of the following editions: i) Lettered Edition (maximum 26 copies), ii) Numbered Edition, (iii) Collector’s Edition and (iv) Standard Edition (in one or more tiers). Please refer to the specific title on the Site for the exact editions and maximum copies applicable thereto.
A Fablelistik Edition title may be offered as part of a designated series (“Series”) or a collection (“Collection”) or as an independent standalone title (“Standalone”). Whether a title is part of a Series, Collection or a Standalone will be specified on the Site. Except as provided in the Grandfather Provision, the Matching Purchase Right does not apply to any Standalone title.
We provide digital images of the products for illustrative purposes only. Our products are meticulously handcrafted, which inherently comes with unique characteristics and subtle variations.
Prices, descriptions and availability of products are outlined in the respective sections of this Site and are subject to change without notice.

Purchasing Products

Our products are offered in limited quantities. As such, we may limit orders on a first come first serve basis or we may run a sweepstakes through which winners are provided an opportunity for a limited time period to pre-order and purchase the product. Some products will be offered first to those who have the Matching Purchase Right (see below). The details with respect to each product will be provided in the product specific section of this Site.
You can place an order by clicking the pre-order or purchase button located in various sections of the Site and adding the products of your choice to the checkout basket. When placing an order, you will be required to provide us with information such as your name, mailing address, email address and billing information. You represent and warrant that all such information is accurate, complete, and at all times up to date. We will have no responsibility or liability for inaccurate information, or for information that later becomes outdated, and we have no obligation to make efforts to determine your correct contact or shipping information. For orders which are pending shipment, you can update your information at any time prior to shipment by contacting us at support@fablelistikeditions.com and refer to our FAQs for more details.
By confirming your purchase at the end of the checkout process, you agree to pay us the amount set out as the order total (the “Purchase Price”) in the checkout process. The Purchase Price is made up of the price as set forth in the Site of the applicable product plus any applicable shipping costs and any applicable sales taxes as a separately identified line item. The Purchase Price will be charged in United States dollars upon placement of your order. to your selected payment method (whether in its entirety or the first installment per Installment Plan). a
After you place an order, you will receive a notification from us acknowledging that we have received your order, identifying the product, the Purchase Price and an estimated ship date range (“Confirmation Notice”).
We will send all order-related communications to you at the email address provided by you for such purposes.
The information on this Site does not constitute a binding offer to sell products described on the Site. We may at any time after receipt of your order, accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of a Confirmation Notice. If we decline your order after your payment has already been processed, a full refund will be applied to your original payment method.

Matching Purchase Right

If you purchased through this Site, a Lettered Edition and/or a Numbered Edition (limited to numbers 1-150) of a title that is part of a Series or Collection, you will be provided with a code to the email you provided when placing such order (the “Code”). We will notify you by email in advance of the date the next title in the Series/Collection will launch on our Site for purchase by the general public (“Official Sale Date”). Subject to the Grandfather Provision below, You will be given the exclusive right to purchase (the “Matching Purchase Right”) the same matching letter or number, as the case may be, of the Lettered Edition and/or Numbered Edition (as applicable) of such next title in the Series/Collection (the “Matching Lettered Edition” or “Matching Numbered Edition”) for forty-eight (48) hours prior to the Official Sale Date (“Exclusive Period”). In order to purchase the Matching Lettered Edition and/or Matching Numbered Edition during the Exclusive Period, you must provide your Code at checkout using the same email address to which the Code was originally sent. If for whatever reason, you do not purchase the Matching Lettered Edition and/or the Matching Numbered Edition within the Exclusive Period, your Matching Purchase Right shall cease with respect to all future titles in the Series/Collection, and the Matching Lettered Edition and/or the Matching Numbered Edition will be released to the general public for purchase on the Official Sale Date.

The Matching Purchase Right applies only to you and your purchase of the Lettered Edition and/or Numbered Edition (limited to numbers 1-150) through this Site and is not transferable. In other words, if you sell your Lettered Edition and/or Numbered Edition, the buyer will NOT have any right to purchase a Matching Lettered Edition and/or Matching Numbered Edition. We will not replace any lost Codes and we will not accept any Codes which do not match the email address to which the Code was sent.

Grandfather Provision: If you have purchased a Lettered or Numbered Edition (1-150) of The Legend of Sleepy Hollow prior to December 1, 2024 at 12pm EST (a "Qualifying Purchase"), your Matching Purchase Right shall apply with respect to the next title, regardless of whether such title is a Standalone title or part of a Series or Collection. If the next title is a Standalone title or a title from a Series or Collection (other than the Fablelistik Classic Collection), and you do not exercise your Matching Purchase Right with respect to such title, your Matching Purchase Right shall cease with respect to all future titles, provided however that you will still retain your Matching Purchase Right with respect to the next title in the Fablelistik Classic Collection.

Method of Payment

Information related to accepted payment methods is made available during the purchasing process. Some payment methods may be subject to additional conditions or fees as will be specified on the relevant section of the Site. We work with third parties to provide certain functionality for the Site, including payment processing when you purchase a Product. When you put a Product in your cart and check out, you are interacting directly with our third party payment processing partner, and not Fablelistik Editions Accordingly, this Site does not collect any payment information. We only receive a notification once the payment has been successfully completed. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order.

Pricing

Fablelistik endeavors to maintain the accuracy of all product pricing on the Site, however, discrepancies may arise. If a pricing error for any items you've ordered is identified, we will contact you promptly to either confirm the order at the corrected price or offer you a cancellation option. If we cannot reach you, we will consider the order cancelled, and we will fully refund you if payment has already been made. Fablelistik is not obligated to supply items at the erroneously lower price if the error is apparent and would have reasonably been recognized as a pricing mistake.

Pre-Order Cancellations

With respect to pre-orders for Lettered Editions and Numbered Editions, we accept cancellations for a period of 14 days commencing on the date you receive the Confirmation Notice (“Cancellation Period”). As the Lettered Editions and Numbered Editions are made to order, we cannot accept any cancellation after the Cancellation Period.
With respect to pre-orders for Collector’s Editions, we accept cancellations at any time prior to the commencement of production of such Collector’s Editions, as specified on the Site and in periodic emails to you with the production status.
If you wish to cancel your pre-order, please notify support@fablelistikeditions.com within the Cancellation Period and we will provide you with a full refund to your original payment method.

See FAQs for more details.

Delivery/Shipping

Products purchased through the Site will only be shipped to addresses located within the United States (50 states and Puerto Rico), excluding freight forwarders, PO Boxes, and other addresses where we are unable to deliver (“Shipping Limitations”).
Except for products available in-stock (“In-Stock Products”) our products are purchased as pre-orders for a limited period of time. Only after the pre-order sales period has closed, do we commence the crafting and printing of our products. The section of the Site specific to the product will specify the estimated ship date range (which will also be included in your Confirmation Notice) and we will provide periodic updates on the Site and by email notifications throughout the production process.
We will ship any orders for In-Stock Products within 5-7 business days of receipt of the order or as otherwise specified in the product specific section of the Site.
Please note that delivery of all orders over $500 will require a signature. If we are unable to deliver the order to you because you provided an incorrect delivery address or were not available to provide a signature for delivery, we may, in our discretion, cancel your order and apply a full refund to your original payment method, less the cost of shipping and handling. Such refund is your sole remedy for any failure by us to deliver the order and cancellation thereof.

Returns

Lettered Edition and Numbered Edition purchases are final and not subject to return or refund, except for reasons of damage and/or defect only. Due to the artisanal nature of our products, there will be slight differentiators and imperfections in each product that do not qualify as damage and/or defect.
Collectors’ Editions and In-Stock Products may be returned for any reason within 14 days of receipt of the product, provided however that unless the return is due to damage and/or defect, you will be responsible for all shipping costs for such return.
If you are making a return due to damage and/or defect, please fill out the attached Return Form and submit to support@fablelistikeditions.com within fourteen (14) days of receipt of the product. Shipping fees for return of damaged and/or defective product will be covered by Fablelistik.
A full refund will be applied to your original payment method without undue delay upon our receipt of the returned product. No refund will be processed unless and until we receive the returned product.

Please refer to our FAQs for more details.

Shop Pay Installment Plans

You may be provided with the option of paying in two or more installments through Shop Pay. If you fail to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable. We may also cancel your order in our discretion for any failure to meet a payment deadline. In no event will products be shipped until full payment is received.

Purchase Limitations

We may, in our sole discretion, limit or cancel quantities purchased on a per person, per household or per order basis, as determined in our discretion by shipping and/or billing addresses, email address, credit card or customer account. Please refer to the product specific section of the Site for the limitations that may apply.

Offers and Discounts

We may offer discounts or provide special offers for the purchase of products in our sole discretion. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the Site. Discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to Eastern time, unless otherwise specified.

Ownership; Trademarks and Copyrights

We reserve all rights not expressly granted to you in these Terms. No part of the Site or the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. All right, title and interest in the Site and Services, including but not limited to all of the contents thereof, and any and all text, design, graphics, interfaces and code, and the selection and arrangement thereof, are the exclusive property of Fablelistik Editions and/or our affiliates and licensors. The Site and Services feature trademarks, service marks and logos that are the property of Fablelistik Editions and its affiliates or licensors. The Site and Services also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. The Site and Services and any and all text, design, graphics, interfaces and code, and the selection and arrangement thereof, are protected under the copyright laws of the United States and other countries. The licenses granted by us terminate if you do not comply with these Terms. We may limit or terminate access to the Site and Services, remove content and take technical and legal steps to keep users off the Site, in our sole discretion. We retain sole discretion to determine the content, appearance, design, functionality and all other aspects of the Site and Services (including the right to re-design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the Site and Services and/or any page thereof and any element, aspect, portion or feature thereof, from time to time).

Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE UNDER LAW, WE EXPRESSLY DISCLAIM ON BEHALF OF OURSELVES AND OUR AFFILIATES AND LICENSORS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT THE SERVICES ARE NONINFRINGING; THAT ACCESS TO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES AND THE SERVER THAT MAKES THEM AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICES WILL BE COMPLETE, ACCURATE OR TIMELY. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE SERVICES. APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.

Limitation of Liability

To the fullest extent permitted under applicable law, you understand and agree that neither we nor any of our affiliates or third party content or technology licensors shall be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages relating to or resulting from your use of or inability to use the Services, the Site or any other services or site you access through a link from the Services or from any actions we take or fail to take as a result of email messages you send us. The foregoing exclusion includes damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and and/or relating to the cost of procurement of substitute goods and services.

Under no circumstances will we or any of our affiliates or licensors be liable to you for more than the amount we received from you in connection with the Services. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise arise out of or in connection with the use, inability to use, or performance of the services and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you. in such jurisdictions, our respective liability and our affiliates and licensors’ respective liability is limited to the greatest extent permitted by applicable law.

Jurisdiction/Governing Law

Fablelistik is organized under the laws of the State of New York in the United States of America, and the Services are operated in the United States. The laws of the State of New York, without reference to the principles of conflicts of law thereof, govern these Terms and your use of the Services, and you irrevocably consent to the exclusive jurisdiction of the courts located in the City and State of New York for any action to enforce these Terms. By using the Services, you agree you have waived trial by jury in any action or proceeding arising out of or related to the use of the Services.

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

Fablelistik Editions
120 Broadway
25th Floor
New York, NY 10271
Attention: Legal Department
e-mail: copyrightagent@macmillanusa.com

Please include all of the following in your notification

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed
a description of the copyrighted work you claim has been infringed
a description of where the material you claim is infringing is located on the site
your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Contact Us

If you have any questions about these Terms, please email us at support@fablelistikeditions.com or write to us at:

Fablelistik Editions
120 Broadway, 25th Floor
New York, NY 10271
Attention: General Counsel