Terms and Conditions of Sale
[1] These are the only terms and conditions upon which we agree to contract with you and no alteration of these terms and conditions shall be valid unless previously agreed in writing.
[2] A contract is formed between us when (and not before) we ship your order. Your order will not be accepted until we receive payment.
[3] Before any contract is formed, any typographical, clerical or other error or omission in any literature, website based information, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
[4] All images are for illustration only. No images or illustrations contained in this website, catalogues or other advertising matter shall be deemed to form part of the contract but are for general information and guidance only.
[5] The (total) price of the ordered goods shall be as set out in the on-line order form and includes postage, packing and value added tax (if applicable). Payments may be made in pounds Sterling.
[6] Unless payment has been made via Paypal, Credit or Debit card, please make all cheques payable to "Abscissa.com Limited" and to be received by us within 14 days of receipt of invoice. Please include the order number on the reverse of the cheque. Where we have provided credit, if you fail to make any payment on the due date then, without prejudice to any other right or remedy available we shall be entitled to:
[7.1] cancel the contract or suspend any further deliveries to you at our complete discretion;
[7.2] appropriate any payment made by you to such of the ordered goods (or the goods supplied under any other contract between us) as we may think fit (notwithstanding any purported appropriation by you); and
[7.3] charge you interest (both before and after any judgement) on the amount unpaid, at the rate of 8 per cent per annum until payment in full is made; and
[7.4] charge you debt collection and/or legal expenses for recovery thereof upon a full indemnity basis; and
[7.5] charge you £10.00 for each unpaid cheque submitted by you to us in addition to and without prejudice to any other claim.
[8] The ordered goods will be delivered to the address entered by you on the on-line order form. Ordered goods will normally be delivered within 1 to 5 working days of your order being accepted depending on your chosen delivery method, unless otherwise notified to you by us. However, time for delivery shall not be of the essence and we shall not be liable for any delay in delivery. If we fail to despatch any ordered goods within 30 days of accepting your order (or, in the case of special orders, any longer period which we may have notified to you), we shall refund in full your payment in respect of such goods. Ordered goods may also be made available for collection at our premises if we agree this with you.
[9] If you fail to take delivery of the ordered goods and they are returned to us, we will contact you in confirmation. We will refund the cost of goods without shipping or if the goods are still required, will ask for an additional shipping fee to make a second delivery.
[10] Where we have provided credit then notwithstanding delivery and the passing of risk in the ordered goods, or any other provision of these terms and conditions, the property in the ordered goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the ordered goods and all other goods agreed to be sold by us to you for which payment is then due.
[11.1] Until such time as the property in the ordered goods passes to you, you shall hold such goods as our fiduciary agent and bailee, and shall keep the ordered goods separate from those of your own and third parties and properly stored, protected and insured and identified as our property. Until that time you shall be entitled to resell or use the ordered goods in the ordinary course of your business, but shall account to us for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of your own and third parties and, in the case of tangible proceeds, property stored, protected and insured.
[11.2] Until such time as the property in the ordered goods passes to you (and provided such goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the ordered goods to us and, if you fail to do so forthwith, to enter upon any premises of yours or any third party where such goods are stored and repossess said goods.
[11.3] You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the ordered goods, which remain our property, but if you do so all moneys owing by you to us shall (without prejudice to any other right or remedy of ours) forthwith become due and payable.
[11.4] You shall if we so require assign to us any right of action against the third party in respect of moneys due for such ordered goods.
[12] If any ordered goods are not readily available to us, we reserve the right to withdraw our acceptance of your order for such goods and to refund in full any payment you have made for them. For the avoidance of doubt other goods ordered by you will be despatched in the normal way.
[13] We warrant that, at the time of delivery, the ordered goods will, subject as hereinafter provided, correspond with the description on this website, will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). There may, however, be minor variations between the goods as shown or described on our website and those despatched to you (but so that the goods despatched will always be of a comparable or superior quality).
[14] Unless otherwise notified to you by us, our returns policy is as follows. If you are not entirely satisfied with any ordered goods, we will refund your payment for such goods subject to (a) you despatching such goods back to us, at your cost and with proof of posting, within 7 working days of delivery to you and (b) our receiving the goods back unused and in undamaged condition. Risk of damage to, or loss of, such goods shall pass to us at the time of delivery to us.
[15] We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instruction (whether oral or in writing), misuse or alteration or repair of the ordered goods without our approval.
[16] Except in the case of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms and conditions, for any special, indirect or consequential damage.
[17] Subject as expressly provided in these terms and conditions, and except where the ordered goods are sold to you contracting as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
[18] This clause applies if having been provided with credit facilities by us:
[19.1] you make any voluntary arrangement with your creditors or become subject to an administration order or (being an individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
[19.2] an encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of yours; or
[19.3] you cease, or threaten to cease, to carry on business; or
[19.4] we reasonably apprehends that any of the events mentioned above are about to occur in relation to you and notify you accordingly.
[19.5] If this clause 19 applies then, without prejudice to any other right of remedy available to us, we shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to us, and if the ordered goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
[20] In respect to any contract entered into between us, no other party shall have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not effect any right or remedy of a third party which exists or is available apart from that Act.
[21] Any communication between us shall be by e-mail or first class post to our current e-mail or postal address (as given on this website at the time of such communication) or the e-mail or postal address given in your order form (or any new e-mail or postal address which you may have notified to us).
[22] We reserve the right to vary these terms and conditions at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when you placed your order.
[23] 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 these terms and conditions and the remainder of the provision in question shall not be affected thereby.
[24] The contract formed by our acceptance of your order shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English Courts.
Promotions, special offers and competitions
Product prices are correct at time of press. Simply Fancy Dress reserves the right to change prices and descriptions without notice. Simply Fancy Dress also reserves the right to amend or withdraw promotions and competitions at any time without notice. A specific offer cannot be used in conjunction with any other offer. E&OE.
