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These terms and conditions (the "Conditions") apply to all sales by Delicious Costumes, part of Lara Kay Limited ("Delicious Costumes") and any variation to these Conditions and any representations about the goods sold by Delicious Costumes (the "Goods") shall have no effect unless expressly agreed in writing and signed by Delicious Costumes. The buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Delicious Costumes which is not set out in any contract with Delicious Costumes. Nothing in this condition shall exclude or limit Delicious Costumes' liability for fraudulent misrepresentation. Any contract made between the buyer and Delicious Costumes shall be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the buyer purports to apply under any purchase order, confirmation of order, specification or other document).
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Each order or acceptance of a quotation for Goods by the buyer from Delicious Costumes shall be deemed to be an offer by the buyer to buy Goods subject to these Conditions. No order placed by the buyer shall be deemed to be accepted by Delicious Costumes until a written acknowledgement of order is issued by Delicious Costumes or (if earlier) Delicious Costumes delivers the Goods to the buyer.
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The quantity and description of the Goods shall be as set out in Delicious Costumes' quotation or acknowledgement of order.
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There is no minimum order. The quantity of any consignment of Goods as recorded by Delicious Costumes on despatch from Delicious Costumes' place of business shall be conclusive evidence of the quantity received by the buyer on delivery unless the buyer can provide conclusive evidence proving the contrary. Delicious Costumes shall not be liable for any non-delivery of Goods (even if caused by the Delicious Costumes' negligence) unless the buyer gives written notice to Delicious Costumes of the non-delivery within seven days of the date when the Goods would in the ordinary course of events have been received. Any liability of Delicious Costumes for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note against any invoice raised for such Goods.
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Unless otherwise agreed by Delicious Costumes in writing, the price for the Goods shall be the price set out in Delicious Costumes' price list published on the date of delivery or deemed delivery. Costs for postage are set out below.
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All processed orders must be paid for in full by PayPal.
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Delicious Costumes does not guarantee any sales of Goods. Delicious Costumes shall accept no liability for claims in respect of Goods that have been used. All sales are final and no exchanges of Goods or refunds will be allowed. Any requests for exchange of or claims for damage to any sequinned or beaded garments must be made within 7 days of the invoice date. All claims for discrepancies in or damage to Goods ordered must be made within 7 days of the invoice date. Delicious Costumes will not accept any returns without a prior written authorisation from Delicious Costumes' returns department. Delicious Costumes shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by Delicious Costumes' negligence), nor shall any delay entitle the buyer to terminate or rescind any contract.
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Delicious Costumes reserves the right to change it prices and specifications at any time without prior notice.
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All orders placed shall be shipped on the next working day, subject to availability. Any dates specified by Delicious Costumes for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.
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The use of any of Delicious Costumes’ photographic images is governed by the Delicious Costumes image release agreement and by Delicious Costumes’ product images, these may only be used pursuant to the terms of that agreement by persons who have signed it. Images will be supplied either on download after the signed agreement has been received by Delicious Costumes.
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All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from any contract governed by these Conditions.
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Nothing in these Conditions excludes or limits the liability of Delicious Costumes:
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for death or personal injury caused by Delicious Costumes' negligence;
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under section 2(3), Consumer Protection Act 1987;
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for any matter which it would be illegal for Delicious Costumes to exclude or attempt to exclude its liability; or
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for fraud or fraudulent misrepresentation.
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Delicious Costumes reserves the right to defer the date of delivery or to cancel any contract or reduce the volume of the Goods ordered by the buyer (without liability to the buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Delicious Costumes.
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Failure or delay by Delicious Costumes in enforcing or partially enforcing any provision of any contract or these Conditions shall not be construed as a waiver of any of its rights under any contract or these Conditions.
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The parties to any contract do not intend that any term of any contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
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The formation, existence, construction, performance, validity and all aspects of any contract and these Conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
