TERMS AND CONDITIONS OF USE
Welcome to the www.xoduscarnival.com. The information and materials provided on www.xoduscarnival.com be used for informational purposes only. By using, accessing or downloading materials from this Website you agree to follow the terms and provisions as outlined in this policy, which apply to all visits that you make, both now and in the future. We may at any time revise and update the website terms and conditions (herein after referred to as “Terms and Conditions”). You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of use, please do not use this Website. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. Any violation of the foregoing may result in civil and/or criminal liabilities.
You may view, download and copy information and materials available on this Website solely for your personal, non-commercial use. We are not liable for any fraud, theft or financial misdemeanor that may occur as a result of your financial transactions on third party websites that may be connected or displayed at www.xoduscarnival.com.
2 LINKS TO OTHER WEBSITES
2.1 As convenience measure and to make www.xoduscarnival.com truly a service oriented site, we have included third party web links to compliment www.xoduscarnival.com and user experience. These third party sites are owned, operated and controlled by third parties and www.xoduscarnival.com has no role to play in their control or operation. We make no representation and are not responsible for the availability of, or content located on or through these third party sites. A third party web link is not an indication that we endorse such sites, or are in a manner affiliated to them. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all measures to guard against viruses or other destructive elements. In using this Website, you agree that www.xoduscarnival.com shall not be liable for any damages whatsoever (including financial, indirect, incidental, special, punitive or consequential damages and loss of profits, opportunities or information) arising from your use of any third party websites linked or referred to on this Website or third party information provided on www.xoduscarnival.com.
2.2 Links do not imply that www.xoduscarnival.com is legally authorized to use any trademark, trade name, logo or copyright material displayed on the www.xoduscarnival.com. With respect to any trademark, logo or copyright material, displayed on www.xoduscarnival.com, ownership of which belongs to third parties, www.xoduscarnival.com acknowledges and gives full credit of ownership to respective third parties
3.1 All comments, feedback, information or materials submitted to www.xoduscarnival.com through or in association with this website shall be considered non-confidential and our property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to www.xoduscarnival.com of worldwide rights to use, copy, modify, display and distribute the submissions. www.xoduscarnival.com may use such comments, information or materials in any way it chooses in an unrestricted basis.
4 Making an order
4.1 When the customer places an order, the customer is accepting an offer for the costume selected, including the size ordered by the customer.
4.2 The seller is unable to offer refunds or exchanges in respect of costumes purchased.
4.3 Upon placing the order, you acknowledges that the seller is unable to make changes to the costume ordered, including but not limited to the size, add-ons or any other feature of the costume selected by you.
4.4 The seller will acknowledge your order. The acknowledgment is to confirm that we have received your order by email. The confirmation will provide details of what you have ordered, the price that will be charged as well as other information about the progress of your order and estimated dispatch and delivery information.
4.5 Upon placing the order, you agree to pay no less than 50% of the total cost of the costume reflected in the order, subject to clause 5, by February 28th, 2019. Where you fail to pay no less than 50% of the total cost of the costume reflected in the confirmation email, subject to clause 5, by February 28th, 2019, the seller reserves the right to sell the costume reflected in the order to a third party without notice to you.
4.6 You further agree to make full and final payment to the seller by March 28th, 2019. Where you fails to make full and final payment by March 28th, 2019, the seller may exercise their right to sell the costume to a third party without notice to you.
5 Price of goods
5.1 We try our best to display accurate and up to date prices on our website, www.xoduscarnival.com. However, we cannot state the definite price until we send you the confirmation email.
5.2 You agree to pay all charges including the price of the costume and any applicable shipping fees. We reserve the right to correct any error or mistakes in pricing even if we have requested or received payment.
5.3 All prices shown are inclusive of GCT.
5.4 When you place an order online you authorise us to charge your chosen payment provider for any such amounts, you specify on your order for the amount of the order at the time we send the confirmation email.
6 Cancellation by us
6.1 The seller reserves the right to cancel the contract between us if we have insufficient stock to deliver the goods you have ordered; or one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information.
6.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7 Events beyond our control
7.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
8.1 www.xoduscarnival.com team strives to provide you with useful, accurate, and timely information on this website. Accordingly, we have attempted to provide accurate information and materials on this Website but assume no responsibility for the accuracy and completeness of that information or materials.
8.2 We may change the content of any information or materials available at this website, or to the products or services described in them, at any time without notice. We do not warrant that the information contained on this knowledge site is accurate or complete or accurate, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause.
8.3 We further assumes no liability for the interpretation and/or use of the information contained on www.xoduscarnival.com, nor does it offer a warranty of any kind, either expressed or implied. www.xoduscarnival.com is not responsible for, and makes no representations or warranties about, the contents of websites to which links may be provided on this Website.
8.4 We make no commitment to update the information or materials on this Website which, as a result, may be out of date.
8.5 Information and opinions expressed in bulletin boards or other forums are not necessarily those of www.xoduscarnival.com. Neither us, nor our officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on www.xoduscarnival.com reserve the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding upon you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
8.6 All information and materials available at this Website are provided “as is” without any warranties of any kind, either express or implied, and www.xoduscarnival.com disclaims all warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, infringement of intellectual property or arising from a course of dealing, usage or trade practice, whether by using the Website or by using third party websites displayed on our site. In no event shall www.xoduscarnival.combe liable for any damages, loss or theft whatsoever, that a user may incur (including, without limitation, financial, credit card theft or misuse, phishing, indirect, special, consequential or incidental damages or those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information on this Website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
8.7 We make no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from www.xoduscarnival.com, or websites linking to www.xoduscarnival.com. Such sites are not under the control of www.xoduscarnival.com and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein.
8.8 Your participation, correspondence or business dealings with any third party found on or through www.xoduscarnival.com, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that www.xoduscarnival.comshall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
9 TERMINATION OF USE
9.1 www.xoduscarnival.com may, in its sole discretion, terminate or suspend your access to all or part of the Website, for any reason, including without limitation, breach of these Terms and Conditions. In the event this agreement is terminated, the restrictions regarding materials appearing on www.xoduscarnival.com and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
You agree to defend, indemnify and hold harmless www.xoduscarnival.com, its affiliates, owners licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys fees) arising out of or related to any user content that you use, or otherwise transmit on or through www.xoduscarnival.com, your use or inability to use www.xoduscarnival.com, your breach or alleged breach of www.xoduscarnival.com terms or of any representation or warranty contained herein, or your violation of any rights of another.
11 Limit Liability
11.1 The seller is not responsible for any loss, injury or damage, howsoever caused, to the costume after the costume is collected by you or any representative sent by you.
11.2 You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our website or the servers that make our website available are free of viruses or other harmful components.
11.3 The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages