1.1 These terms apply to Frankys Fancy Dress (the "vendor"), located at ,Chester Market Hall,Princess Street,Chester, CH1 2HH.
1.2 These terms cover the supply of all our Products and services (the "goods") from the vendor.
1.3 The contract is subject to your right of cancellation.
1.4 Any contract between you and the vendor is subject to these terms and conditions
2 Description and Supply
2.1 Any images shown on the web site are for illustration only.
2.2 We do not warrant the suitability of goods for a particular purpose, and you should check specifications and suitability with manufacturers before ordering.
2.3 The vendor is not responsible for minor variations in specification or description that are unavoidable or arise as a result of manufacturer changes. Any such changes will not rescind the contract.
2.4 If the vendor cannot supply the goods ordered by you, the vendor reserves the right to offer goods of equal or superior quality at no extra cost. If you do not wish to accept the alternative goods offered, you may cancel the order.
3.1 The vendor reserves the right to vary the quoted price of the goods either upwards or downwards in line with flucations in the market price.
3.2 Every effort is made to ensure that prices shown on the vendor's website are accurate at the time you place your order. If an error is found, the vendor will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. Unconfirmed orders will be cancelled after 14 days.
3.3 The price for all EU residents will include VAT charged at the prevailing rate (currently 20%).
3.4 You may be required to pay a delivery charge for the goods.
3.5 Price lists do not constitute a quote or offer.
4.1 Payment is made in Sterling unless otherwise agreed by an authorised representitive of Frankys Fancy Dress.
4.2 Overdue or late payment will be charged commerical interest calculated daily at a rate of 3% above the prevailing base rate of our bank.
4.3 Payment accepted by credit / debit card, cash, cheque, bank transfer / draft or postal order.
4.4 All cheque payments under £1000 will be subject to 7 days clearance.
4.5 All cheque payments over £1000 will be subject to 14 days clearance.
5 Confirmation and Contract
5.1 The vendor is entitled to refuse any order placed by you.
5.2 A confirmation of receipt of your order request may be sent by email when you order. This does not constitute an acceptance of your offer, and does not constitute formation of a contract.
5.3 A legally binding contract will be created when payment is taken for your order and at this point in time these terms and conditions will apply.
5.4 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the vendor will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you for the goods.
6 Property, Risk and Title
6.1 The goods remain the property of Frankys Fancy Dress until paid for in full.
6.2 The vendor shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the vendor
7 Right to Cancellation
7.1 If the vendor cannot deliver the goods within 30 days you have the right to cancel the order.
7.2 In accordance with the Distance Selling Directive (2000) have the right to cancel an order to up 7 working days beginning from the day after the day of receipt of goods.
7.3 To cancel your order you must give written notice to the vendor by missive, email, or fax.
7.4 If you cancel after the order has been dispatched then you will be responsible for returning the items to the vendor at your cost. The items must be returned to the address shown on your invoice. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. Proof of Postage is not proof of delivery.
7.5 Once you notified the vendor of your cancellation you will be refunded any sums that you have been paid except where the order has been received by you, when you will be re-credited once the goods have been returned to the vendor.
7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, for customised, custom built, or personalised items, or for consumable goods which, by their nature, cannot be returned.
8.1 If the goods supplied by the vendor are damaged on delivery, non-functional on arrival, missing any part, or differing in quality or description from what was agreed, you should notify the vendor in missive, fax or email within 48 hours. This period may be extended at the sole discretion of the vendor.
8.2 No claim for missing parcels from consignments shall be accepted if you have signed for the correct number of parcels upon delivery.
8.3 No claim for externally damaged items will be accepted if you have signed for the goods in good condition. If you are unable to check the condition of the goods upon delivery then write UNCHECKED next to your signature.
9.1 All goods supplied by the vendor are supplied with a warranty that guarantees that the goods will be free of defects for 12 months unless otherwise stated.
9.2 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the vendor in missive, fax or email as soon as possible.
9.3 Any warranty does not affect your statutory rights as a consumer.
9.4 You shall, unless otherwise confirmed in writing, be responsible for all carriage, telephone, postal and other incidental charges incurred during the warranty period.
9.5 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the vendor, failure to follow the vendor's instructions, or any alteration or repair carried out without the vendor's approval
10.1 No goods will be accepted back unless prior authorised by a representitive of Frankys Fancy Dress, and received back complete, and in vendor stock condition, including, but not limited to, the packaging, accessories, drivers, software, cables and manuals.
10.2 You shall, unless otherwise confirmed in writing, be responsible for all carriage, telephone, postal and other incidental charges incurred in returning goods to us as part of the returns procedure.
10.3 You are responsible for returning the items to the vendor at your cost. The items must be returned to the address shown on your invoice.
10.4 You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. Proof of Postage is not proof of delivery. The vendor cannot accept liability for goods damaged during transit.
10.5 Any goods returned to the vendor that are confirmed to have no fault, will be subject to a testing charge of 20% of the value of the item. Any variation in the testing charge is at the sole descretion of the vendor.
11 Vendor's Liability
11.1 The vendors total liability in contract, tort (including negligence or breach of statutory duty), restitution, mispresentation, or otherwise, for any default or breach whatsoever, howsoever rising, shall be limited to the price paid for the goods as shown on the invoice.
11.2 You are responsible for keeping backups of your data and we are not liable for any data loss whatsoever, howsoever arising.
11.3 The vendor is not liable for any indirect or consequential loss or damage including, but not limited to, loss of profit, loss of business, loss of goodwill, damage to trading relationships, costs, howsoever caused.
11.4 The vendor will not accept any liability for any loss incurred as a result of delayed or failed delivery. Any delivery dates given are estimated unless agreed in writing by an authorised representitive of Frankys Fancy Dress.
11.5 Nothing in this agreement shall limit the vendor's liability for death or personal injury caused by its negligence.
12 Data Protection
12.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
12.2 In accordance with the Data Protection Act, we are required to reveall all records we keep about you when requested by you. A nominal charge of £10 will be levied for this service to cover administration.
13.1 If any provision in these terms is held to be invalid or unenforceable, it shall be deemed severed from these terms and this shall not affect the validity or enforceability of the remaining terms.
13.2 This contact is made in England and governed by English law and English courts.
13.3 These terms do not affect your statutory rights.
13.4 Frankys Dress reserves the right to change these terms without notice for all future sales.
13.5 The headings are for convenience only and shall not affect the interpretation of these terms.
13.6 Any variation of these terms must be in writing and signed by an authorised representitive of Frankys Fancy Dress.