The terms and conditions apply to the use of the Carnivalesque Films website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions).
Please note, these Conditions are subject to change at any time and without notice, and it is your responsibility to check these Conditions regularly before ordering products in case there are any changes. If you do not agree with the Conditions set out below, you should not use or access this website. Placing your order with Carnivalesque Films constitutes your agreement to follow and be bound by these Conditions.
The Conditions do not affect the rights you may have under any relevant statutory law.
YOUR INFORMATION: In order to use or access certain features or functions of this Site, you must register for an account with Carnivalesque Films. In return for your use of this Site, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; and (b) maintain and promptly update the account registration information to keep it true, accurate, current and complete.
ACCOUNT AND PASSWORD SECURITY: When you submit your account registration, you will create a password-protected account to access certain features or functions of this Site. You agree to keep your account information and password confidential. You are responsible for all activities that occur under your account. You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account or private information from any other Site user.
You agree to tell Carnivalesque Films immediately about any suspected unauthorized use of your account. Carnivalesque Films will not be responsible for any loss to you caused by your failure to comply with these obligations.
You agree that email can be used as a means of communication, notification and billing between us. Please be advised that we will never ask for personal details or information via email. If you receive an email asking for your personal information, username or password, or payment information, please do not respond and contact our Customer Service team immediately using our contact page.
PRODUCT ORDERING: All orders placed through the Site are subject to Carnivalesque Films acceptance, which is in its sole discretion. This means, among other things, that Carnivalesque Films may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently canceled, Carnivalesque Films will issue a credit to your credit card account. A confirmation email will be sent to the email address given in your order form and will detail products ordered and cost. You must check that all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
AVAILABILITY: All orders are subject to acceptance by us and product availability. When an item is no longer available, we take reasonable steps to remove it from the website as soon as we can.
DISPLAY: We try to accurately display the colours of our products on the Site. However, the colours you see will depend on your monitor and its settings. We cannot guarantee that your display will be accurate. Prices are subject to change at any time. We do our best to ensure that all information about our products, including prices, is up-to-date and accurate. However, there may be occasions when information contained on our site may contain incomplete data, typographical errors, inaccuracies as to merchandise size, price, colour or other matters, or an item that is no longer in stock. Any errors are unintentional and we apologise if any information on the site is inaccurate. We reserve the right to correct errors and to update product information at any time, including after you have placed your order.
PACKAGING: For inventory purposes, each item requested counts as an individual order. Wherever possible, we will attempt to combine multiple orders in one shipment and on one invoice. Due to inventory and packaging requirements, however, orders may be shipped over several days in multiple packages.
The stated delivery period within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
For international orders you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note customs policies vary widely from country to country. We recommend you contact your local customs office for further information prior to placing your order.
We accept most major credit/debit cards. All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
RETURNS, EXCHANGES OR REFUNDS
RETURNS: You must return the items to the address mentioned on your packing list. You will have to bear the costs of sending the items back, unless the return is due to damaged or faulty item, incorrect merchandise sent by us.
EXCHANGES: We are happy to exchange for the same item if products are damaged, faulty or incorrectly shipped within 28 days from the date of the shipment. If you are not happy with your purchased items and would like to exchange for another, please send the item back with a note explaining what you would like to exchange it for. If there is a price difference with the first item purchased, we will either credit your card back or ask you to pay additional funds.
REFUND: In case you were not pleased with your purchase, you can get a refund for the value of the product (excluding shipping). Items will be refunded or exchanged providing that you have not used the item; it is in the same condition as when you first bought it; and, you have taken reasonable care to ensure that any item is returned to us safely and not damaged in transit. The item must be unused and send back to us within 28 days from the date of the shipment.
USING OUR WEBSITE
ACCESS AND INTERFERENCE: You promise to make only lawful use of the Site. You promise to make no use of the Site that violates anyone else’s rights, including copyright, trademark, trade secret, privacy or other rights. You agree that you will not: (a) use any spider, robot, scraper, intelligent agent or other automated data mining technique to access this Site, extract, copy, download, store, reproduce, distribute or post Content; (b) interfere or attempt to interfere with the proper working of the Site or any other user’s use of the Site, (c) insert any code or product or manipulate the Content in any way that affects any user’s experience of the Site; (d) take any action that imposes or may impose, in Carnivalesque Films sole discretion, an unreasonable or disproportionately large burden on our electronic infrastructure; or (e) bypass other measures Carnivalesque Films may use to prevent or restrict access to this Site
TERMINATION: Carnivalesque Films, in its sole discretion, may terminate or suspend your access to all or part of this Site, immediately and without prior notice or liability, for any reason or for no reason. Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under the Terms. If your access to this Site is terminated, the restrictions and obligations of these Terms that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, licenses, restrictions regarding the Content, warranty disclaimers and limitations of liability. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.
INDEMNIFICATION: You agree to defend, indemnify and hold harmless Carnivalesque Films and its officers, directors, owners, agents, employees affiliates, licensees and licensors from and against any and all claims, demands, liabilities, losses, damages, costs or expenses, including reasonable attorney’s fees, due to or arising from or related to your use of the Site in violation of any of the Terms.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
If you are dissatisfied with the Site, any Contents, or any of the Terms, we would like to hear from you. However, your only legal remedy is to stop using the Site.
WARRANTY DISCLAIMER. Your use of the site is at your own risk. Carnivalesque Films provides this site, all content, and all services offered through or from this site on an “as is” basis. To the fullest extent allowed by law, Carnivalesque Films makes no representations or warranties of any kind, either express or implied, as to the operation of this site, the accuracy, completeness or reliability of the content included on this site, or in connection with the sale or purchase of any product from this site. To the full extent allowed by law, Carnivalesque Films disclaims all warranties, express or implied, as to the operation of this site, the accuracy, completeness or reliability of the content included on this site, or in connection with the sale or purchase of any product from this site, including, but not limited to the implied warranties of merchantability, quiet enjoyment, fitness for a particular purpose, title and non-infringement.
LIMITATION OF LIABILITY: Carnivalesque Films shall not be liable for any damages related to your use of or inability to use this site, damages for personal injury, property damage, or other economic or noneconomic losses whether based on contract, warranty, negligence, product liability, or any other theory of relief, including without limitation direct, indirect, incidental, special, compensatory or consequential damages, lost profits or loss of or damage to property, even if Carnivalesque Films has been advised of the possibility of such damages.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
Some states do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you. Carnivalesque Films does not warrant that your use of the Site, the operation of the Site or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfill an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on CarnivalesqueFilms.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been canceled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
JURISDICTION AND VENUE: These Conditions shall be governed by and construed in accordance with the laws of England and by using this website you irrevocably submit to the exclusive jurisdiction of the courts of England.
MISCELLANEOUS. If any provision of these Terms, or any portion thereof, is found to be void, unlawful or otherwise unenforceable for any reason, it shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the rest of the Terms shall remain in full force and effect. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms. These Terms are the entire agreement between you and Carnivalesque Films concerning your use of this Site. These Terms supersede and cancel any prior written or oral agreement between you and Carnivalesque Films relating to the Site, which shall have no further force or effect. All rights not expressly granted herein are reserved. If you have any questions in connection with this Agreement, please send a written inquiry using our contact form.
We try to respond promptly to email messages from customers and visitors to our site. However, we are under no obligation to respond to such messages, to maintain such messages in confidence, or to pay for such comments or submissions. Please be advised that all emails, comments, feedback, suggestions, ideas and other information disclosed or submitted to us will become our property. By submitting any email or correspondence to us, you thereby release all proprietary claims and intellectual or other property rights therein.
You agree that we may use and/or disclose information about you, such as demographics or your use of this site, in any way without revealing your personal information or identity. By taking part in promotions, contests or sweepstakes offered on the site, or by requesting promotional information or product updates, you agree that we may use your information for marketing and promotional purposes.
You are responsible for your communications and all consequences of their submission to us. Please do not: transmit to us material that is copyrighted by a third party, without that party’s permission; send material that reveals trade secrets without permission of the owner of those trade secrets; send material that infringes on any third party’s intellectual property rights without that party’s permission; send material that is threatening, harassing, defamatory, obscene, hateful, abusive, defamatory or embarrassing to any other party; send sexually explicit images; send advertisements or solicitations; send chain letters or pyramid schemes; or impersonate another person. If you violate these provisions, or if we think you have violated them, we reserve the right to expel you from the site and prevent your future use of the site.
No waiver by us of any of these Conditions on any single or multiple occasion(s) shall be construed as a waiver of any preceding or subsequent breach of any of the Condition