1.1 "Buyer" means
the individual or organisation who buys or agrees
to buy the Goods from the Seller;
1.2 "Consumer" shall
have the meaning ascribed in section 12 of the Unfair
Contract Terms Act 1977;
1.3 "Contract" means
the contract between the Seller and the Buyer for
the sale and purchase of Goods incorporating these
Terms and Conditions;
1.4 "Goods" means
the articles that the Buyer agrees to buy from the
Seller;
1.5 "Seller" means
Pageant of 3 Cheap Street, Newbury, Berkshire, RG14
5DD that owns and operates www.Pageantfancydress.co.uk;
1.6 "Terms
and Conditions" means the terms and conditions
of sale set out in this agreement and any special
terms and conditions agreed in writing by the Seller;
1.7 "Website" means
www.Pageantfancydress.co.uk.
2 CONDITIONS
2.1 Nothing
in these Terms and Conditions shall affect the Buyer’s
statutory rights as a Consumer.
2.2 These
Terms and Conditions shall apply to all contracts
for the sale of Goods by the Seller to the Buyer
and shall prevail over any other documentation or
communication from the Buyer.
2.3 Acceptance
of delivery of the Goods shall be deemed conclusive
evidence of the Buyer’s acceptance of these
Terms and Conditions.
2.4 Any
variation to these Terms and Conditions (including
any special terms and conditions agreed between the
parties) shall be inapplicable unless agreed in writing
by the Seller.
2.5 Any
complaints should be addressed to the Seller's address
stated in clause 1.5.
3 ORDERING
3.1 All
orders for Goods shall be deemed to be an offer by
the Buyer to purchase Goods pursuant to these Terms
and Conditions and are subject to acceptance by the
Seller. The Seller may choose not to accept
an order for any reason.
3.2 Where
the Goods ordered by the Buyer are not available
from stock the Buyer shall be notified and given
the option to either wait until the Goods are available
from stock or cancel the order and receive a full
refund within 30 days.
3.3 When
making an order through the Website, the technical
steps the Buyer needs to take to complete the order
process are described in the Order Process section
within the website.
4 PRICE
AND PAYMENT
4.1 The
price of the Goods shall be that stipulated on the
Website. The price is inclusive of VAT. The
price excludes delivery charges.
4.2 The
total purchase price, including VAT and delivery
charges, if any, will be displayed in the Buyer’s
shopping cart prior to confirming the order.
4.3 After
the order is received the Seller shall confirm by
email the details, description and price for the
Goods together with information on the right to cancel
if the Buyer is a Consumer.
4.4 Payment
of the price plus VAT and delivery charges must be
made in full before dispatch of the Goods.
5 RIGHTS
OF SELLER
5.1 The
Seller reserves the right to periodically update
prices on the Website, which cannot be guaranteed
for any period of time. The Seller shall make
every effort to ensure prices are correct at the
point at which the Buyer places an order.
5.2 The
Seller reserves the right to withdraw any goods from
the Website at any time.
5.3 The
Seller shall not be liable to anyone for withdrawing
any Goods from the Website or for refusing to process
an order.
6 AGE
OF CONSENT
6.1 Where
Goods may only be purchased by persons of a certain
age the Buyer will be asked when placing an order
to declare that they are of the appropriate legal
age to purchase the Goods.
6.2 If
the Seller discovers that the Buyer is not legally
entitled to order certain Goods, the Seller shall
be entitled to cancel the order immediately, without
notice.
7 WARRANTY
The
Seller warrants that the Goods will at the time of
dispatch correspond to the description given by the
Seller. Except where the Buyer is dealing as
a Consumer, all other warranties, conditions, or
terms relating to fitness for purpose, merchantability
or condition of the Goods, whether implied by Statute,
common law or otherwise are excluded, and the Buyer
is satisfied as to the suitability of the Goods for
the Buyer’s purpose.
8 DELIVERY
8.1 Goods
supplied within the UK will normally be delivered
within 3 working days of acceptance of order.
8.2 Goods
supplied outside the UK will normally be delivered
within 5 working days of acceptance of order.
8.3 Where
a specific delivery date has been agreed, and where
this delivery date cannot be met, the Buyer will
be notified and given the opportunity to agree a
new delivery date or receive a full refund.
8.4 The
Seller shall use its reasonable endeavours to meet
any date agreed for delivery. In any event
time of delivery shall not be of the essence and
the Seller shall not be liable for any losses, costs,
damages or expenses incurred by the Buyer or any
third party arising directly or indirectly out of
any failure to meet any estimated delivery date.
8.5 Delivery
of the Goods shall be made to the Buyer’s address
specified in the order and the Buyer shall make all
arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery.
8.6 Title
and risk in the Goods shall pass to the Buyer upon
delivery of the Goods.
9 CANCELLATION
AND RETURN
9.1 The
Buyer shall inspect the Goods immediately upon receipt
and shall notify the Seller Phone 01635 552244 within
7 working days of delivery if the Goods are damaged
or do not comply with any of the Contract. If
the Buyer fails to do so the Buyer shall be deemed
to have accepted the Goods.
9.2 Where
a claim of defect or damage is made the Goods shall
be returned by the Buyer to the Seller. The
Buyer shall be entitled to a full refund (including
delivery costs) plus any return postal charges if
the Goods are in fact defective.
9.3 If
you are a consumer you have the right, in addition
to your other rights, to cancel the Contract and
receive a refund by informing the Seller Phone 01635
552244 within 7 working days of receipt of the Goods. The
right to cancel does not apply to contracts for the
supply of software, audio or visual recordings if
these have been unsealed by the Consumer.
9.4 Goods
must be returned by the Buyer at the Buyer’s
expense and should be adequately insured during the
return journey. The Buyer will receive a refund
of all monies paid for the Goods (including delivery
charges, if any) except for return postal charges
within 30 days of cancellation. If the Buyer
fails to return the Goods following cancellation,
the Seller shall be entitled to deduct the cost of
recovering the Goods from the Buyer.
9.5 Goods
to be returned must clearly show the order number
obtained from the Seller on the package.
9.6 Where
returned Goods are found to be damaged due to the
Buyer’s fault the Buyer will be liable for
the cost of remedying such damage.
10 LIMITATION
OF LIABILITY
10.1 Except
as may be implied by law where the Buyer is dealing
as a Consumer, in the event of any breach of these
Terms and Conditions by the Seller the remedies of
the Buyer shall be limited to damages which shall
in no circumstances exceed the Price of the Goods
and the Seller shall under no circumstances be liable
for any indirect, incidental or consequential loss
or damage whatever.
10.2 Nothing
in these Terms and Conditions shall exclude or limit
the liability of the Seller for death or personal
injury resulting from the negligence of the Seller
or that of the Seller’s agents or employees.
11 WAIVER
No
waiver by the Seller (whether express or implied)
in enforcing any of its rights under this contract
shall prejudice its rights to do so in the future.
12 FORCE
MAJEURE
The Seller shall not be liable for any delay or failure
to perform any of its obligations if the delay or failure
results from events or circumstances outside its reasonable
control, including but not limited to acts of God,
strikes, lock outs, accidents, war, fire, failure of
any communications, telecommunications or computer
system, breakdown of plant or machinery or shortage
or unavailability of raw materials from a natural source
of supply, and the Seller shall be entitled to a reasonable
extension of its obligations.
13 SEVERANCE
If
any term or provision of these Terms and Conditions
is held invalid, illegal or unenforceable for any reason
by any court of competent jurisdiction such provision
shall be severed and the remainder of the provisions
hereof shall continue in full force and effect as if
these Terms and Conditions had been agreed with the
invalid illegal or unenforceable provision eliminated.
14 CHANGES
TO TERMS AND CONDITIONS
The
Seller shall be entitled to alter these Terms and Conditions
at any time but this right shall not affect the existing
Terms and Conditions accepted by the Buyer upon making
a purchase.
15 GOVERNING
LAW AND JURISDICTION
These
Terms and Conditions shall be governed by and construed
in accordance with the law of England and the parties
hereby submit to the exclusive jurisdiction of the
English courts.
