Last Update: 05/19/2026
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ PLEASE READ THESE TERMS (ALONG WITH OUR PRIVACY POLICY AND COOKIE POLICY, THE “TERMS”) FULLY AND CAREFULLY BEFORE USING “FANCYPROPER.COM”(THE “WEBSITE” OR “SITE”)
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN A JURY TRIAL OR CLASS ACTION.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FANCY AND PROPER, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. FOR FULL ELIGIBILITY AND ACCESS REQUIREMENTS GOVERNING USE OF THIS WEBSITE, INCLUDING RESIDENCY REQUIREMENTS AND ACCOUNT SECURITY OBLIGATIONS, PLEASE REFER TO THE WEBSITE TERMS OF USE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through the Website. These Terms are subject to change by FANCY AND PROPER, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Update” Date referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Update” Date will constitute your acceptance of and agreement to such changes.
These Terms are incorporated into and an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept VISA, MASTERCARD, AMERICAN EXPRESS, PAYPAL, APPLE PAY, AND GOOGLE PAY or all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns, Refunds, and Exchanges. Purchases may be returned for a full refund or exchange within thirty (30) days of the purchase date or actual delivery date, whichever date is later, if returned items are unworn, unwashed, undamaged, and if all labels and tags are attached. Online purchases may not be eligible for returns until the full order has shipped. Returns may not be accepted if there appears to be fraud or abuse. To return products, you must call 913.267.1991 or email our Returns Department at hello@fancyproper.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 10% restocking fee.
Refunds are processed within approximately three (3) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE OR FINAL SALE.
6. Warranty and Disclaimers.
(a) No-Manufacturing Warranty. Fancy and Proper, LLC acts solely as a retailer of goods and not as a manufacturer. All products sold by Fancy and Proper, LLC are provided "as is" without any warranty, express or implied. Any warranties provided are exclusively through the original manufacturer. Fancy and Proper, LLC disclaims all implied warranties, including merchantability and fitness for a particular purpose.
(b) EXCEPT AS SET FORTH IN SECTION (a) ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (i)WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY OF TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) Third-Party Products. Products manufactured by a third party (“Third-Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with or separate from, the Goods. Third-Party Products are not covered by any warranty from Fancy and Proper, LLC. For the avoidance of doubt, FANCY AND PROPER, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, AND SUCH PRODUCTS ARE PROVIDED “AS IS”, INCLUDING WITHOUT ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Any Third-Party Products offered on our Site are covered by the applicable manufacturer's warranty, if any, included with the product. To obtain warranty service for defective Third-Party Products, please follow the instructions in the relevant manufacturer’s warranty.
(d) Warranty Period; Notice of Defect. [ATTORNEY REVIEW RECOMMENDED] The warranty set forth in Section (a) above shall apply for a period of [INSERT WARRANTY PERIOD, E.G., THIRTY (30) DAYS] from the date of delivery of the Goods to Buyer (the "Warranty Period"). To make a warranty claim, Buyer must provide written notice to Seller within the Warranty Period, describing the alleged defect in reasonable detail. Such notice must be submitted to [INSERT RETURNS/WARRANTY CONTACT EMAIL OR ADDRESS]. Failure to provide written notice of a defect within the Warranty Period shall constitute a waiver of any warranty claim with respect to such defect. All warranty claims are subject to inspection and verification by Seller prior to any repair, replacement, or credit being authorized.
(e)The Seller shall not be liable for a breach of the warranty set forth in (a) above if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller.
(f)Subject to (d) and (e) above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller's expense, return such Goods to Seller.
(g)THE REMEDIES SET FORTH IN THIS SECTION SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION.
(h) Wear and Tear Disclaimer. Fancy and Proper, LLC acts solely as a retailer of goods and not as a manufacturer. Fancy and Proper, LLC is not responsible for damage to items sold by Fancy and Proper, LLC resulting from the normal wear and tear of items, natural deterioration of materials over time, or misuse of items. Normal wear and tear, including, but not limited to, color fading and deterioration of material, is not considered a defect.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
BUYER SHALL INDEMNIFY SELLER FROM, AND DEFEND AND HOLD SELLER HARMLESS FROM AND AGAINST, ANY LOSSES SUFFERED, INCURRED OR SUSTAINED BY SELLER OR TO WHICH SELLER BECOMES SUBJECT, RESULTING FROM, ARISING OUT OF OR RELATING TO ANY CLAIM OF A THIRD-PARTY PRODUCT: (I) THAT THE GOODS INFRINGE UPON THE PROPRIETARY OR OTHER RIGHTS OF ANY THIRD PARTY (EXCEPT AS MAY HAVE BEEN CAUSED BY A MODIFICATION BY SELLER); AND (II) OF LOSS OR DAMAGE RESULTING FROM THE THIRD PARTY GOODS AND THE USE THEREOF.
7. Limitation of Liability. WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTABILITY, AND COMPLIANCE FROM ANY APPLICABLE MANUFACTURERS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct (ii) death or bodily injury resulting from Seller’s acts or omissions, and (iii) shall only apply to the extent permitted by law.
8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policygoverns the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Kansas.
12. Dispute Resolution and Binding Arbitration.
(a) YOU AND FANCY AND PROPER, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
13. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THIS LIMITATION PERIOD IS CONSISTENT WITH AND INTENDED TO ALIGN WITH THE LIMITATION ON TIME TO FILE CLAIMS SET FORTH IN THE WEBSITE TERMS OF USE.
14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of FANCY AND PROPER, LLC.
16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery or overnight courier to Leawood KS 66211; or (ii) by registered or certified mail to Leawood KS 66211; or (iii) by email to hello@fancyproper.com. We may update the address or email for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Notices provided by email will be effective when sent, provided no delivery failure notification is received.
18. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms
.
19. These Terms and Conditions, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. In the event of any conflict between these Terms and Conditions and the Website Terms of Use, these Terms and Conditions shall control with respect to matters governing the purchase and sale of products and services. In particular, and without limitation, in the event of any conflict between the two documents regarding dispute resolution, the Dispute Resolution and Binding Arbitration provision set forth in Section 12 of these Terms and Conditions shall control.
20. Contact Information.
Fancy and Proper, LLC
11817 Pawnee Lane, Leawood KS 66211
Email: hello@fancyproper.com