The Carnival Store’s Terms & Conditions
The Carnival Store (UK) Ltd Company Registration Number 0479030
The Carnival Store (UK) Ltd of 95 Hammersmith Road, London W14 0QH (to be known in this document as the shop) contracts to supply goods only in accordance to these conditions. The customer, (which means the hirer or buyer - that is any company, firm, individual or agent thereof to whom the shops quotation, acknowledgement of order or receipt is addressed. The customer accepts that these conditions shall govern relations between themselves and the shop to the exclusion of any other terms including, without limitation, conditions and warranties written or oral expressed or implied, even if contained in any of the customer’s documents which purports to provide that the customer’s own terms shall prevail. These terms and conditions are for all goods (which means costumes, including any material supplied by the shop) ordered through this website. The terms & conditions as they appear here, with no qualification, are agreed to by both parties with no alteration unless authorized in writing by the manager of the shop.
- All and any prices shown in this website are based on the best known price at the time of going live and are for guidance only. The contract price shall be the price current at the date of delivery of the goods.
- Where a quotation is given dependant on information supplied by the customer, the customer will be responsible for the accuracy of the information given and for the supply of all relevant particulars, including but without limitation to, measurements and sizes. Any increased cost incurred as a result of any inaccuracy or omission shall be borne by the Hirer alone and shall be paid promptly upon presentation of the shops invoice.
- All prices quoted are inclusive of VAT at the current rate of 17.5% unless otherwise stated. Certain items may be exempt from VAT. Exempt or non VAT items are not necessarily identified separately.
VAT Registered Number 760 9082 23
2. DELIVERY AND PRICING CONDITIONS (For Hired Costumes)
- All costumes are hired for a period of 24 hours (or 48 hours when the hire period covers a Sunday). Any period longer than this must first be agreed with an authorised representative of the Carnival Store or a penalty charge will be levied for every additional 24 hour period.
- Unless expressly agreed in writing, payment shall be made in Sterling upon collection of the goods and additionally the shop will require the Hirer to leave a deposit which will be refundable upon return of the goods provided that the shop will be entitled to make a deduction from the deposit to reasonably reflect the cost of rectifying any damage suffered by the goods whilst in the Hirer’s control.
- Additional fees for costumes not returned on the agreed date will be charged for as an additional hire for every additional 24 hour period.
- The deposit does not necessarily reflect the value of the costume therefore if the costume is lost or stolen or not returned the shop will be entitled to recover the full cost of the costume over and above the deposit.
- Delivery shall be deemed to occur and the risk of loss or damage of any kind in the goods shall pass to the Hirer on collection by or on behalf of the Hirer or by a carrier for dispatch to the Hirer (whether or not such carrier be the shops agent or servant).
- In the event that the shop shall at the request of the Hirer arrange for the goods to be dispatched or dealt with otherwise than by collection by the Hirer, the Hirer shall pay to the shop the shop’s reasonable charges for the provision or procurement of such services including any reasonable carriage insurance costs within seven days of the date of any invoices sent by the shop in respect thereof.
- The Hirer shall carefully examine the goods on receipt of the same and shall immediately notify a shop employee of any defect. In the absence of any such notification the shop reserves the right to reject any claims arising out of the defect. In the case of goods delivered to the Hirer otherwise than by collection by the Hirer or the Hirer’s agent or servant, receipt for the purposes of this sub-clause shall be deemed to take place the day after the goods are dispatched from the shop.
- The deposit taken at the time of booking will hold the costume until the agreed date, it will then be held until the costume is returned. The deposit will not be banked during this time. Any excess hire charge, levied for late return or damage shall, at first, be drawn from the deposit.
- Deposit charges are the same are the same as hire charges when the costumes are to be delivered by Carnival Store. Whereupon costumes are collected by clients a double deposit payment is required in addition to the hire fee, payable at the same time of booking.
- If a booking is cancelled £15.00 plus V.A.T. per costume, will be charged to cover administration costs. The deposit though will be refunded in full.
- Any hire period longer than the normal period, as stated in point 4, agreed by an authorised representative will be charged at a rate of 150% of the price of a normal hire period.
- In cases of non-return of the goods, four days after the date of return the shop reserves the right to retain the entire deposit but without prejudice to any other rights the shop may have against the Hirer.
The shop will use its reasonable commercial endeavours to ensure that goods ordered are available for delivery in accordance with clause 4 on the date specified in any quotation or acknowledgement of receipt of order. However it will not be liable for any loss suffered by the Hirer as a result of default in delivery as a result of circumstances outside the shops reasonable control including but without limitation to the non-return or damage of the goods by another hirer. In the event that the goods have not been collected by or on behalf of the Hirer or by a carrier for dispatch to the Hirer by 6:30PM on the date of delivery specified in any quotation or acknowledgment of order by the shop then the shop reserves the right to hire the goods to any other person and shall not be liable to the Hirer for any loss suffered as a result of such hiring of goods. The shop shall not be liable for any delay or failure in carrying out its obligations which is caused wholly or partly by reason of Acts of God, delay in transportation, labour disputes, fire, flood, war, accident, Government action or any other cause beyond the shops control or that of its servants or agents.
4. HIRER’S OBLIGATION TO KEEP THE GOODS CLEAN
All goods are the sole responsibility of the hirer when taken from our premises and are hired on the understanding that they are returned, on the return date which is specified in writing on the Contract receipt supplied by the shop in the clean, undamaged condition in which they were supplied.
The hirer will be held responsible for the full replacement cost (at current retail price) of any garments, accessories or hired items that, in our opinion, have been subject to malicious damage, loss or theft.
5. LIMITATION OF LIABILITY
The Web site is provided to you on an "as is" and "as available" basis without any warranty being given in relation to the Web site including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.
We will not be liable in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with these Terms & Conditions of Use for any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any special or indirect losses whatsoever.
6. LAW AND INTERPRETATION
This contract shall be governed by English law and the Hirer shall submit to the exclusive jurisdiction of the English courts. If any of these conditions or any part thereof is inferred void or unenforceable by legislation including the Unfair Contract Terms Act 1977 or by any other rule of law it shall be void and unenforceable to that extent and no further.
THIRD PARTY READING
For more information with regards to your statutory rights as a consumer please find below a list of links to the various consumer protection websites listed below:
- Sale of Goods Act 1979
- The Consumer Protection (Distance Selling) Regulations 2000
- Distance Selling & E-Commerce
- Consumer Direct
Payment Methods and Site Security- United Kingdom
We accept Visa, Switch, Solo, MasterCard, American Express, Eurocard, Delta, personal and company cheques for payments.
All cheques should be made payable to Carnival Store (UK) Ltd
Please note that no order will be dispatched for shipping until it is paid for in full and any unguaranteed cheques have cleared.
For security all payment is made via Sage Pay into our Barclays merchant account. Sage Pay provides secure online credit card and debit card payment solutions for thousands of online and mail order businesses across the UK.
The Carnival Store takes the issues of customer Security and Privacy very seriously and so we have teamed up with one of the World’s longest established and most trusted eCommerce payment providers Sage Pay to handle all our credit card transactions.
If you've never purchased online before it's understandable that you may feel uncertain about parting with your card details. We have tried to summarise the main concerns about purchasing online and give you a realistic perspective regarding the risk to customers:
'card not present' (CNP) fraud
Internet, telephone and mail order transactions are all classified as 'Card not present' transactions because the card-holder and card are not physically present for signatures. According to the Association for Payment Clearing Services (APACS), 'Card not present' fraud accounts for around 2% of all card fraud in the UK. APACS have also found that:
- Most cases of internet fraud result when card details obtained fraudulently in the real world are then used to purchase online.
- The incidence of hackers obtaining card details through merchant databases is very low.
- The risk to customers is further reduced if they use a certified organisation to encrypt data.
Customer protection in the real world
Your best defence against fraudsters in the real world is to be vigilant with your card; don't carelessly discard receipts with your card number on it; and always check your credit or debit card statements.
Unauthorised access to your card details
There are a number of ways online purchasing can cause your credit or debit card details to fall into the wrong hands:
- Your details are passed over the internet through an unsecured pathway.
- The merchant knowingly deceives the customer with no intention of supplying the goods or services.
- The merchant does not have adequate internal security.
- If hackers access merchant databases for credit/debit card details.
In each of these cases it is possible for someone to obtain and use your credit/debit card fraudulently.
Online protection from fraud
Fortunately, there are simple ways for customers to gain protection:
- By using merchants who accept payment through a secure payment service provider (PSP), like Sage Pay.
- Through their credit/debit card acquirer.
Before a merchant can use a PSP they require merchant status from an acquiring bank, in order to obtain this they must meet certain criteria as set out by the bank.
PSP's like Sage Pay act as a third party, so vendors never obtain their customers card details - therefore eliminating the merchant’s liability for transaction related security issues. The PSP is designed to have very high levels of security so credit and debit card details are protected from hackers.
In addition customers are protected from misuse of their card details through their credit/debit card issuer. If customers find a fraudulent transaction they can issue a 'notice of dispute' with their card provider who will reverse the transaction - this is known as a chargeback.
Sage Pay's highest priority is to keep sensitive information safe and private while making the online shopping experience as simple as possible.
You have the option to store your credit or debit card details in a secure e-wallet, so when shopping with us in future you need only provide your username, password and preferred payment method. The transaction process is simple and there is a full audit trail of where and how much has been spent. Customers also have the option to shop with complete anonymity.
sage Pay provides very high levels of internet and physical security to ensure sensitive information is never compromised.
Sage Pay's security measures
- credit/debit card details are secured within 128-bit encrypted sessions.
- sensitive information is stored on a heavily encrypted database that is protected by multiple government approved firewalls.
- additional security measures include a security key that is used to produce an MD5 hash value. Hash values are often used as digital signatures as they cannot be reversed to obtain the original information. They allow the receiver to validate that the information received is identical to that sent.
Sage Pay is designed so the vendor doesn't have to hold sensitive information on their site, should anyone gain unauthorised access to their database the information they obtain will not allow them to recover credit card details or other sensitive information.
The possibility of obtaining sensitive information from the Sage Pay VSP database is minimised due to high levels of encryption; firewall security and the measures taken to ensure the information is indecipherable.
Physical security and resilience
Several forms of physical security and multiple levels of system backup protect the Sage Pay VSP and database. This makes transaction processing highly reliable and resilient to events such as security breach or power failure.
- Only authorised personnel can gain access to the VSP Server and fingerprint identification is required.
- Multiple servers are dedicated to particular roles.
- The VSP Servers are fed by multiple power supplies and backup generators.
Secondary network connections will activate should the primary network fail.
- VSP Servers have multiple connections to banking authorisation and settlement systems.
Your identity is valuable, to you and to us. Information about you, be it personal details or financial data, needs protection.
In order to guarantee your privacy we can assure you that:
- We will never pass your financial details to a third party.
- We will never pass your personal data to a third party. The only information a vendor ever receives about you is a shipping address and this only with your express permission.
- We will never sell our mailing list. You will receive no junk mail as a result of registering with Sage Pay.
- We will never exploit your personal details in any manner.
- We are so committed to your privacy that by registering with Sage Pay it is possible to purchase goods on the internet completely anonymously.
This does not affect your statutory rights as a consumer.