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- These are the terms and conditions of supply for www.captaincostume.co.uk (Site).
- We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed. These terms and conditions were last updated on 23 Jan 2015.
- Ordering and availability
- Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the "Complete Payment" button on the checkout page.
- After placing an order, you will receive an email acknowledging that your order has been received and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the Seller(Captain Costume) to buy Product(s). All orders are subject to acceptance by the Seller. The Seller is not obliged to accept your order and may, at its discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Complete Payment" button, you enter into an obligation to pay for the Product(s) in the event that your order is accepted by the Seller. Once your order is accepted, you will be sent an email that confirms that the Products have been despatched (Despatch Confirmation). The Contract between you and the Seller in relation to the Products ordered will only be formed when the Despatch Confirmation is sent. After entering into the Contract, the Seller will be under a legal duty to supply you with goods that are in conformity with the Contract.
- The Contract will relate only to those Products whose despatch has been confirmed in the Despatch Confirmation. The Seller will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
- Delivery or collection
- Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances.
- Your order will be delivered to the United Kingdom delivery address you specify when placing your order. You are responsible for making sure your delivery address is correct. If the delivery address is a business address, please ensure the company name is specified in the first address line. If your address is geographically remote, for example certain outlying islands or other isolated locations; it may not be possible to deliver there. If that is the case, you will be notified before your order is accepted. Orders cannot be delivered to PO Box or similar addresses.
- Products comprised within the same order cannot be delivered to different addresses.
- Deliveries are made by our selected courier/s and will take place Monday to Saturday, excluding bank and public holidays. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
- Important Information: You are responsible for making sure your address is correct at the point of purchase. If you are having something sent to a business address please ensure the company name is written in the top address line.
- Risk and title
- Products ordered will be at your risk from the time of delivery. Ownership of the Products ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Products, including any delivery charges, have been received.
- Price and payment
- The price of Products is as quoted on the Site and is subject to change, at the Sellers discretion.
- Prices include VAT but exclude delivery costs, which will be added (at the cost shown) to the total amount due, once you have selected your chosen different delivery method as part of the checkout process.
- Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which a Despatch Confirmation has already been sent.
- The Site contains a large number of Products and it is always possible that, despite best efforts, some of the products listed on the Site may be incorrectly priced. The Seller will normally verify prices as part of the despatch procedures so that, where a Product's correct price is less than the stated price, you will be charged the lower amount. If a Product's correct price is higher than the price stated on the Site, the Seller will normally, at its discretion, either contact you for instructions before the Product is despatched, or reject your order and notify you of such rejection.
- Payment for all orders must be made by credit or debit card on the checkout page. Most major credit and debit cards are accepted. Your credit or debit card will be charged once you have confirmed your order.
- You should be aware that online payment transactions are subject to validation checks by your card issuer and the Seller is not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. The Seller is not responsible for this.
- Returns Policy
- Except in relation to certain Products set out below, you may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after complete fulfilment of your order. In this case, you will receive a full refund of the price paid for the Products in accordance with the refunds policy (see below).
- To cancel a Contract, you must clearly inform us by email, got to the “contact” page for details.
- You must also return the Products within 28 working days after the day of cancelling, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Products and make sure they conform to your order).
- Some items we carry are non-returnable, including all contact lenses, cosmetics, panties, hosiery and wigs where the packaging has been opened. If you’re in any doubt as to whether a product in eligible for return or not, please contact us and we’ll be happy to confirm this.
- You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, the cost of any deterioration, up to the price of the Product, may be deducted from the refund to which you are otherwise entitled.
- You will not have any right to cancel a Contract for the supply of any Products that have been personalised or made to your own bespoke specifications (if such options are offered), unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.
- To return the Products, you should package the parcel securely (making sure you include the packing form from the front of the delivery package), and then return it, either by courier or by tracked or other form of certified mail, to the following address:
Captain Costume Returns,
- You are advised to take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products. Unfortunately, Products cannot be returned to any store.
- Nothing in this section affects your legal rights.
- Refunds policy
- If you cancel a Contract within the 28-day cooling-off period (see above), the refund due to you will be processed as soon as possible and, in any case, within 28 working days after the day on which the Products are received back or, if earlier, the day on which you provide evidence that you have returned the Products to the returns address (see above). The full price of the Products will be refunded to you, upon inspection, excluding the cost of the delivery. The cost of returning the Products will not be refunded.
- Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
- Faulty products
- If any Product you order is damaged or faulty when delivered to you, you may be offered a refund, as appropriate, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you must inform us in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
- Product information
- Whilst reasonable steps have been taken to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
- Any information on the Site regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order (see Contacting us).
- Our liability
- Nothing in these terms and conditions shall limit or exclude liability to you: for death or personal injury caused by negligence; for fraudulent misrepresentation; for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; under Part I of the Consumer Protection Act 1987; or for any other liability that may not, under English law, be limited or excluded.
- Subject to this, in no event shall the Seller or manufacturers be liable to you for any business losses and any liability the Seller or we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and the Seller at the time your order is accepted.
- Neither the Seller nor we will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under any Contract that is caused by events outside the Seller's or our reasonable control.
- You may not transfer or assign any or all of your rights or obligations under any Contract.
- All notices given by you must be given in writing to the address set out at the end of these terms and conditions. The Seller may give notice to you at either the email or postal address you provide when placing an order.
- If the Seller fails to enforce any of its rights, that does not result in a waiver of that right.
- If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
- These terms and conditions may not be varied except with our express written consent.
- These terms and conditions and any document expressly referred to in them represent the entire agreement between you and the Seller in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
- These terms and conditions shall be governed by English law, and you agree that any dispute between you and the Seller or us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
- Contacting Us
- Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email.