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Terms & Conditions

By using our (“Magic Fancy Dress”) website, placing an order for goods and/or registering as a member of our website you confirm your agreement to our terms and conditions, including the Privacy Policy, as set out below:

Conditions

1. An order for goods placed by you, the buyer through our website shall be subject to these terms and conditions

2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

3. Nothing in these terms and conditions shall affect the statutory rights of any consumer

4. In these Terms and Conditions of Sale and Privacy Policy references to ‘us’ or ‘our’ shall mean Magic Fancy Dress, 21 Ashey Road, Ryde, Isle of Wight PO33 2UW 

Orders

5. All orders for goods shall be deemed to be an offer by you, the buyer, to purchase goods pursuant to these terms and conditions

6. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly

7. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order by e-mail (where applicable) or by telephone

8. We are entitled to refuse any order placed by you and will not be required to provide an explanation

Goods

9. The goods may differ slightly from the images shown

10. Save in relation to the Sample Service (see clause 11 below) we reserve the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match your order exactly. See your rights as to Cancellation and Return in clause 25 onwards.

Price and Payment

11. The price of the goods will be the price quoted on the website at the date the order is received and will include VAT and delivery in the United Kingdom unless specified otherwise

12. We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the goods to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)

13. In the unlikely event of there being such an increase in the price of the goods you, the buyer, shall be entitled to cancel the order at any time before delivery (see clause 26 onwards)

14. For deliveries outside the United Kingdom please request a shipping quote fromThis email address is being protected from spambots. You need JavaScript enabled to view it.">sales@magicfancydress.co.uk prior to making your order

Payment

15. When we provide any goods to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form

16. By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided on the order form

17. Title to the goods will pass to you, the buyer, on payment in full of the price of the goods

18. We will issue you with an electronic receipt to your email address once the goods have been dispatched and will provide you with details of the courier and a tracking number if applicable

Delivery

19. The goods will be delivered to you, the buyer, at the address provided by you on the order form.

20. The risk in the goods shall pass to you upon such delivery taking place

21. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. If however we are unable to deliver your goods by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place (see clause 23 onwards)

22. We shall not be liable to you, the buyer, for short delivery of the goods however caused but will provide you with the outstanding goods as soon as is reasonably practical. If however we have not delivered the outstanding goods within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding goods (see clause 23 onwards)

Cancellation of the Order/Return of goods/Defective Goods

23. If you are within the EU and are a consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) then in accordance with the Consumer Protection (Distance Selling) Regulations 2000:

(a) If at any time after making your order you wish to cancel it please notify us by letter fax or email that you wish to cancel.
(b) If your order has already been dispatched then you can still cancel your order but you must notify us of your wish to cancel by letter fax or email within 7 working days from the date you receive the goods.
(c) We will confirm your cancellation and, if the goods have already been dispatched or delivered, provide you with a [Return Form] which you will complete and enclose with the returned goods in their original condition.
(d) Save a provided in (g) below, you are responsible for the costs of the return postage and are under a duty to take reasonable care of the goods while they are in your possession and ensure that the returned goods are received by us undamaged.
(e) We will refund you in full within 30 days of the date you cancel the order.
(f) The right of cancellation in paragraph 26(a) above does not apply where: the goods have been made to your design or specification.
(g) Where the goods are being returned as they are faulty or do not comply with the contract then we will pay your return postage.

24. If you are outside the European Union OR you are purchasing on behalf of a business, you will inspect the goods as soon after delivery as is reasonably practicable and if will notify us by fax or email of any shortages, defects in the goods or any other complaint in respect of them within 7 working days from the date the goods were delivered. SAVE IN RESPECT OF ANY SHORTAGES OR DEFECTS IF YOU FAIL TO COMPLY WITH THIS CLAUSE 26 WE WILL NOT BE HELD LEGALLY LIABLE IN RESPECT OF ANY OTHER COMPLAINT WHICH SHOULD HAVE BEEN BROUGHT TO OUR ATTENTION WITHIN THIS PERIOD

Your Warranty

25. You, the buyer, warrant that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods

LIMITATION OF LIABILITY

26. We will use all reasonable endeavours to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:

26.1.1 Act of God, explosion, flood, tempest, fire or accident;
26.1.2 War or threat of war, sabotage, civil disturbance or requisition; 
26.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; 
26.1.4 Import or export regulations or embargoes; 
26.1.5 Strikes, lock outs or other industrial actions or trade disputes; 
26.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery; 
26.1.7 Power failure or breakdown in machinery

If we are prevented from carrying out is obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform

27. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods

28. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.

Intellectual Property

29. The copyright in the products and material contained in this website and any trademarks and brands included in that material belongs to Magic Fancy Dress or its licensors

30. You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited

Website

31. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these

32. All drawings, descriptive matter and specifications of the goods on the website are for the sole purpose of giving an approximate description of the goods

33. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability

General

34. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website

35. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected

36. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts

37. The headings in this Agreement are for convenience only and will not affect their interpretation

Queries and Complaints

38. We aim to respond to e-mail, faxed and written queries within 24hrs. Our Customer Services can answer your telephone queries Monday to Friday between 9.30am and 4.30pm

39. In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done.