Terms and Conditions
Please read the AFDW Terms and Conditions and check the box below to accept.
- Price1.1 – The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
1.2 – Our quotations lapse after 30 days (unless otherwise stated).
1.3 – The price quoted excludes delivery (unless otherwise stated).1.4 – We shall require a deposit for large bespoke orders, which are not part of our standard stock range.
1.5 – Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery.
1.6 – Rates of tax and duties on the goods will be those applying at the time of delivery.
1.7 – At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
- Delivery2.1 – All delivery times quoted are estimates only.2.2 – If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:
2.2.1 – you may not cancel if we receive your notice after the goods have been dispatched; and
2.2.2 – if you cancel the contract, you can have no further claim against us under that contract.
2.3 – If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
2.4 – We may deliver the goods in instalments. Each instalment is treated as a separate contract.
2.5 – We may decline to deliver if:2.5.1 – we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
2.5.2 – the premises (or the access to them) are unsuitable for our vehicle.
- Risk3.1 – The goods are at your risk from the time of delivery.
3.2 – Delivery takes place either:
3.2.1 – at our premises (if you are collecting them or arranging carriage); or3.2.2 – at your premises or address specified by you (if we are arranging carriage).
3.3 – You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within 48 hours of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods.
- Payment Terms4.1 – You are to pay us by credit card or in cleared cheque prior to delivery, unless you have an approved credit account.
4.2 – If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.
4.3 – If you fail to pay us in full on the due date we may:4.3.1 – suspend or cancel future deliveries;
4.3.2 – cancel any discount offered to you;
4.3.3 – charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998;
- calculated (on a daily basis) from the date of our invoice until payment;
- before and after any judgment (unless a court orders otherwise);
4.3.4 – claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and
4.3.5 – recover (under clause 4.7) the cost of taking legal action to make you pay.
4.4 – If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice.
4.5 – You do not have the right to set off any money you may claim from us against anything you may owe us.
4.6 – While you owe money to us, we have a lien on any of your property in our possession.
4.7 – You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
- Title5.1 – Until you pay all debts you may owe us:
5.1.1 – all goods supplied by us remain our property;
5.1.2 – you must store them so that they are clearly identifiable as our property;
5.1.3 – you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;5.1.4 – you may use those goods and sell them in the ordinary course of your business, but not if:
- we revoke that right (by informing you in writing); or
- you become insolvent.
5.2 – You must inform us (in writing) immediately if you become insolvent.
5.3 – If your right to use and sell the goods ends you must allow us to remove the goods.
5.4 – We have your permission to enter any premises where the goods may be stored:
5.4.1 – at any time, to inspect them; and
5.4.2 – after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
5.5 – Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
5.6 – You are not our agent. You have no authority to make any contract on our behalf or in our name.
- Warranties6.1 – We warrant that the goods:
6.1.1 – comply with their description on our order confirmation form; and
6.1.2 – are free from material defect at the time of delivery (as long as you comply with clause 6.3).
6.2 – We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
6.3 – If you believe that we have delivered goods that are defective in materials or workmanship, you must:
6.3.1 – inform us (in writing), with full details, within 14 days; and6.3.2 – allow us to investigate (we may need access to your premises and product samples).
6.3.3 – pay all carriage and all other reasonable charges when returning the goods to us.
6.3.4 – complete our returns paperwork fully noting the original invoice number
6.4 – If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 6.3) in full, our Agent or we will (at our option) repair the goods, replace the goods or issue a credit note.
6.5 – We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only);
6.5.1 – direct financial loss, loss of profits or loss of use; and6.5.2 – indirect or consequential loss
6.6 – Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to one million pounds.
6.7 – For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
6.8 – Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
- Return of Goods7.1 – We will accept the return of goods from you only:7.1.1 – by prior arrangement (confirmed in writing);
7.1.2 – on payment of a 25% restocking charge (unless the goods were defective when delivered); and
7.1.3 – where the goods are as fit for sale on their return as they were on delivery.
7.2 – If you have purchased goods on sale or return you must return goods to us within 30 days of delivery. You must follow our standard returns procedure.
- Cancellation8.1 – You may not cancel the order unless we agree in writing (and clauses 2.2.2 and 8.2 then apply).8.2 – If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
8.3 – Deposits are no refundable (unless otherwise agreed in writing).
8.4 – We may suspend or cancel the order, by written notice if:
8.4.1 – you fail to pay us any money when due (under the order or otherwise);
8.4.2 – you become insolvent;
8.4.3 – you fail to honour your obligations under these terms.
- Waiver And Variations9.1 – Any waiver or variation of these terms is binding in honour only unless:
9.1.1 – made (or recorded) in writing;
9.1.2 – signed on behalf of each party; and
9.1.3 – expressly stating an intention to vary these terms.
9.2 – All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
- Force Majeure10.1 – If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
10.2 – Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
- General11.1 – English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
11.2 – If you are more than one person, each of you has joint and several obligations under these terms.11.3 – Should you decide to alter your trading style you must inform us in writing as soon as possible.
11.4 – If any of these terms are unenforceable as drafted:
11.4.1 – it will not affect the enforceability of any other of these terms; and
11.4.2 – if it would be enforceable if amended, it will be treated as so amended.
11.5 – We may treat you as insolvent if:
11.5.1 – you are unable to pay your debts as they fall due; or11.5.2 – you (or any item of your property) become the subject of:
- any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
- any application or proposal for any formal insolvency procedure; or
- any application, procedure or proposal overseas with similar effect or purpose.
11.6 – All brochures, catalogues, web site and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
11.7 – Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
11.8 – No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
11.9 – The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and either:
11.9.1 – contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
11.9.2 – which expressly state that you may rely on them when entering into the contract.
11.10 – Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
12. Sales Channels for Orion Costumes
12.1 – Orion Costumes products can not be sold online and in the shops in the UK and Ireland.
12.2 – Orion Costumes products can not be sold on any marketplace websites including, but not limited to, eBay and Amazon in any territory worldwide.
12.3 – Orion Costumes products can not be sold wholesale in any territory worldwide.
This Privacy Notice sets out the basis on which we will process the personally identifying information (personal data) that we collect and receive from and about users of www.fancydresswarehouse.com and/or those subscribers to our newsletters.
- We will only collect, keep, use and share Personal Data for legitimate business purposes that we explain here below, or if we are legally required to do so.
- We will be as clear and open as we can with you regarding what Personal Data we collect and how it will be processed.
- For as long as we maintain records of your Personal Data, we will keep it up to date and protect it with appropriate safety measures.
We collect the following personal data from you as our customer:
- Personal Data collected directly from you through the check-out process: your name, postal address, phone number, email address, gender and age. Our legal basis for the collection and process of this data is the provision to you of the services purchased by you. It is also our legitimate interest in providing social media and marketing content that is of interest to our followers of social media.
- Personal Data collected automatically from the use by you of fancydresswarehouse.com The data transmitted from your browser includes your IP address, the date and time of the visit the pages accessed, the access/status/HTTP status code, your browser, your operating system and interface, as well as the language and version of the browser software. The legal basis for collecting and processing this personal data is to be able to operate the site and provide you with access to the pages you wish to access.
Uses of your Personal Data
We use your personal data:
- For administration of your order (purchase confirmation etc)
- To contact you with marketing messages which you have requested or agreed to receive from us, for example via a branded newsletter.
- To contact you with surveys and feedback requests.
- To analyse the purchase history of our customers and the way our customers use our website.
- To provide you with bespoke website content (for example by analysing our site visitors age ranges)
- To gain insight into your behaviour and preferences (for example by analysing the website pages you visit)
- To re-target our website visitors with relevant marketing messages (for example by using cookies hosted on our Sites).
- To collect site statistics.
- To provide bespoke social media content (for example by analysing your general interests)
- To create targeted advertising across all our social media channels (for example by analysing responses to posts and existing advertisements).
- To find our more about our digital community (for example by analysing the age ranges of our followers)
Google Analytics, a web analytics service provided by Google, Inc. also places cookies on your computer, to enable Google to provide us with activity reports relating to the website. Google uses this data only to provide us with information on how users use the website and does not associate your IP address with any other data held by Google. The information generated by Google cookies about your use of the platform (including your IP address) will be transmitted to and stored by Google on servers in the United States. You may refuse these cookies by selecting the appropriate settings on your browser or by downloading and installing a browser plug-in.
We will not sell your information. We will not share your information with any third party except as stated in this Privacy Notice or as required to Operate the website, provide our services to you and administer your account.
We will share your Personal Data with social media sites to enable them to provide marketing messages that you have agreed to receive from them. The social media sites we share your Personal Data with as at the date of this Privacy Notice and their respective privacy statements are:
- facebook https://www.facebook.com/privacy/explanation
- Coschedule – https://coschedule.com/terms
- Instagram – https://help.instagram.com/519522125107875?helpref=page_content
- Twitter – https://twitter.com/en/privacy
- Pinterest – https://policy.pinterest.com/en-gb/privacy-policy
- Google+ – https://policies.google.com/privacy
- Reddit – https://www.reddit.com/help/privacypolicy/
- YouTube – https://www.youtube.com/static?template=privacy_guidelines&gl=GB
We use third party processors to collect, export, process and store Personal Data on our behalf. The processors we currently use are the following:
- Paypal https://www.paypal.com/ee/webapps/mpp/ua/privacy-full
- Red Circle Digital – http://www.redcircledigital.co.uk/privacy-policy/
- TrustPilot – https://uk.legal.trustpilot.com/end-user-privacy-terms
- WordPress – https://en-gb.wordpress.org/about/privacy/
- Microsoft Exchange – https://privacy.microsoft.com/en-gb/privacystatement
- Facebook (see complete list under social media section).
International Data Transfers
We use data processors located outside the EEA only after taking steps as required to ensure that Personal Data processed on our behalf receives protection equivalent to that provided in the EEA. Our processors are either certified as compliant with the EU, US Privacy Shield framework where they are located in the USA or have entered into an agreement with us containing the model clauses approved by the European Commission as providing contractual protection equivalent to that provided by the data protection regulations applicable in the EEA. To learn more about the Privacy Shield program, please visit www.privacyshield.gov.
We maintain technical and physical safeguards that are designed to protect the security and integrity of your Personal Data, and to guard it against accidental or unauthorised access, use, alteration or disclosure to third parties. These measures include device encryption, firewalls and virus checking procedures.
Where we keep personal data files on local devices these devices and protected and accessible only to our authorised employees.
We regularly review our security systems to ensure that your personal data remains safe and secure.
Duration of Storage
We will maintain records of your personal data for the statutory accounting period or as long as you remain:
- A registered subscriber to our mailing list
- A registered user of our website
Your rights in relation to Personal Data
You can unsubscribe from our marketing communications at any time by following the link in the footer of the last email you received from one of our brands (“Unsubscribe”) or by sending your request with detailed instructions for our Customer Services team, EWA (see ‘contacting us’ section).
You have the right to update and correct the personal information on your account. You also have the right to request from us all personal information that we hold that relates to you, to request restriction of the processing of that data and to request that we delete that data. Where allowed by applicable law there may be an administrative charge for supply of copies of data and we may also require you to provide us with appropriate identification before we comply with this request. You also have the right to object to our continued processing of your personal data. You may also have the right to data portability. If you have a complaint about the way in which we use your personal information you have the right to complain to the Information Commissioner www.ico.gov.uk.
You can contact us with questions about the personal information we hold about you using the contact information provided in the contact section of this privacy notice.
Changes to our Privacy Notice
We will update this Privacy Notice from time to time to reflect changes in our business. All such changes will be posted to the website and if we consider it to be appropriate we will notify subscribers of any material changes by e-mail.
Morris Angel & Son Limited is the Data Controller in respect of any Personal Data that you submit to us or that we collect from or about you. We are a limited company registered at 119 Shaftesbury Avenue, London, WC2H 8AE.
If you would like to know what information we hold about you or if you have any other queries or complaints in relation to this Privacy Notice, or our website, our contact details for Customer Services are as follows: EWA +44 (0) 1635 573078.