TERMS & CONDITIONS
MASQUERADE FANCY DRESS & COSTUME HIRE
TERMS & CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website, to you. Please read these terms and conditions carefully. By ordering any of our Products, you agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
1.1 We operate the website www.masqueradeonline.co.uk. We are Masquerade and Masquerade Fancy Dress Hire, Weston-super-Mare. Our main trading address is
35 Orchard St, Weston-super-Mare BS23 1RH
2. YOUR STATUS
2.1 By placing an order through our website, you warrant that:
2.1.1 you are legally capable of entering into binding contracts; and
2.1.2 you are at least 18 years old
3. THE CONTRACT BETWEEN US
3.1 Your order constitutes an offer to us to buy a Product. All orders are subject to confirmation of acceptance by us. The contract between us (Contract) will only be formed when we confirm such acceptance. We are not obliged to sell any Products in respect of which we have not confirmed acceptance of an order.
4. CANCELLATION RIGHTS
4.1 If you are contracting as a consumer, you have a statutory right to cancel for any reason, subject to the exceptions at clause 4.5 and receive a full refund (excluding non standard delivery component of any item). Your right to cancel starts when we confirm acceptance of your order. If the Products have been delivered to you, you may cancel at any time within seven working days from the day after you receive the Products. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract under clause 4.1, you must inform us in writing.
4.3 You have a legal obligation to take reasonable care of the Products while they are in your possession. Reasonable care means that all original packaging is retained and items remain in their original condition. If reasonable care is not taken in relation to any items you will be liable for the reduction in value.
4.4 We may cancel an order anytime before the Products are delivered if stock is unavailable or if a Force Majeure Event (as defined below) cannot be brought to a close within a reasonable period of time. If we cancel your order we will refund to the sums paid in respect of the Products.
4.5 We regret that, due to their nature, we cannot accept cancellations of contracts for the purchase of wigs and personal items e.g. hosiery, fashion/contact lenses or false teeth etc.
5.1 The timescales for delivery will depend on the availability of the Product, your address and the delivery option you have selected. Details of the available delivery options are set out in the Delivery Details section of our website.
5.2 If you choose any non standard delivery option, a separate contract will apply between us for the additional express delivery service. By choosing any of the non standard delivery options you agree that the additional delivery service will begin before the end of the cancellation period in relation to the goods. Further, you agree that cancellation rights relating to the additional delivery service contract end as soon as performance of the delivery contract has begun.
6. RISK AND TITLE
6.1 The Products will be your responsibility from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges will be as quoted on our website from time to time, except in cases of obvious error. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect price.
7.2 The prices quoted on our website do not include delivery costs which will be added to the total amount due.
7.3 Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.4 Product prices and delivery charges are liable to change at any time, but changes will not affect orders which we have confirmed our acceptance of.
7.5 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination and you will be responsible for payment of any such import duties and taxes.
8. OUR REFUNDS POLICY
8.1 Products may be returned and a refund given if you cancel your contract in accordance with clause 4 or if a Products is defective. If you wish to return a Product to us:
8.1.1 you must return the product to us as soon as reasonably possible and, in any case, within 14 days of giving notice of cancellation and you will be responsible for the cost of returning the Product (unless under clause 8.1.3). All Products must be returned in their original condition and with their original packaging.
8.1.2 if you are contracting as a consumer and you cancel the Contract within the seven-day cooling-off period, we will refund to you the price of the Product and the item’s standard postage charge within 30 days of the day on which you gave us notice of cancellation. We cannot refund any non standard component of the postage charge. A maximum of £3.95, in relation to delivery, will be refunded for all items.
8.1.3 because the Product is defective, we will examine the returned Product and, if the Product is defective, we will confirm your entitlement to a refund within a reasonable period of time. We will refund within 30 days of confirming your entitlement to a refund, the price paid for the defective Product, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9. OUR LIABILITY
9.1 If we supply Products to you for use by you in connection with your business and we breach the Contract, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our breach which are a foreseeable consequence of our breach provided that we will not be liable for any loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss or data or waste of management of office time.
9.2 If the Products have been supplied to you for personal or domestic use, you agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not in any way exclude or limit our liability for any matters for which it would be illegal for us to exclude or attempt to exclude our liability.
10. NOTICES AND COMMUNICATIONS
10.1 You accept that we will comply with any legal requirement that a communication must be in writing if we communicate with you either by a postal address which you have provided or by e-mail or by notices posted on our website.
10.2 All notices given by you to us must be given to Masquerade, 35 Orchard Street, Weston-Super-Mare, Somerset. BS23 1RH
10.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
11. USE OF YOUR PERSONAL INFORMATION
11.1 We will use the personal information you provide us to provide the Products and process your payment for the Products. We may also use your personal information to inform you about our other Products and services unless you instruct us not to do so.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or perform our obligations under the Contract despite the Force Majeure Event.
12.4 This clause 12 will not affect your right to cancel the Contract in accordance with these terms and conditions and will not affect any of your statutory rights.
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under the Contract to another organisation but this will not affect your rights or our obligations under the Contract.
13.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
13.5 The Contract is governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English courts
13.6 We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time of your order.