Terms and Conditions User Agreement
These terms and conditions apply to all purchases made from Masquerade Costumes Australia
ABN: 64 147 969 319
1. Orders & Delivery:
All orders placed through this web site are subject to confirmation and acceptance by Masquerade Costumes Australia. Masquerade Costumes Australia or its agent will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available you will be notified of this by Masquerade Costumes Australia as soon as possible. Anyone at the delivery address who receives the goods will be presumed by Masquerade Costumes Australia to be authorised to receive the goods. If your goods include products in respect of which the law prescribes a minimum age for purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law), and you must ensure that a person over that age is available to accept delivery of the goods. Masquerade Costumes Australia may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. If there is no-one at the delivery address or no-one of appropriate age to receive and pay for the order, Masquerade Costumes Australia may charge you additional delivery fees. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged. Masquerade Costumes Australia reserves the right to restrict sales to retail quantities when supplying resellers and distributors.
2. Returns & Refunds
Masquerade Costumes Australia believes in secure eCommerce and will provide a 30 day money back guarantee for the products and services that are bought online. In order to be eligible for the money back guarantee we must be notified within 14 days and we can only refund money paid. Masquerade Costumes Australia has an extensive dispute resolution process that must be exhausted before any refunds are issued. All refund applications will be carefully considered and given at the discretion of the Company Management.
3. Prices & Payment and Security:
For each online order, you must pay: 1. the applicable price for the relevant goods confirmed by Masquerade Costumes Australia; and 2. the delivery and handling fee specified on the web site at that time. Your order and credit card details are safe and secure. All personal and credit card information provided to Masquerade Costumes Australia is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated in the Orders & payment section of this web site. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with Masquerade Costumes Australia.
Is your online payment safe?
Your online payment on this website is secured by Merchant Warrior. We do not store or keep your credit card details on our systems at any time.
Merchant Warrior is Level 1 PCI Compliant, because nothing is more important to us than keeping our customer's data safe and secure.
Merchant Warrior is dedicated to providing secure solutions and environments to its customers. The PCI DSS (Payment Card Industry Data Security Standard) is a set of security standards which Merchant Warrior adheres to in order to maintain the highest level of security and protection for its client information.
Merchant Warrior has the highest level of PCI DSS Compliance and is audited regularly to ensure that its high level of security and customer protection is maintained. The PCI DSS, a set of comprehensive requirements for enhancing payment account data security, was developed by the founding payment brands of the PCI Security Standards Council, including American Express, Discover Financial Services, JCB International, MasterCard Worldwide and Visa Inc. Inc. International, to help facilitate the broad adoption of consistent data security measures on a global basis.
All our products are sent to you in good condition and packaged correctly, we cannot guarantee the condition of the product on arrival.
5. Your Account
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Masquerade Costumes Australia in connection with any use (whether authorised or unauthorised) of your user name or password. Masquerade Costumes Australia may suspend or cancel your account at any time without prior notice.
6. Images and Graphics
Masquerade Costumes Australia aims to include up-to-date images and/or graphics of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods.
Any liability of Masquerade Costumes Australia in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Masquerade Costumes Australia be limited to:
1. in relation to goods, the replacement of the goods or the supply of equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
8. Changes To Terms
Each order is governed by the terms and conditions current when the order is placed. Masquerade Costumes Australia may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
9. Applicable Law
All purchases, and these terms and conditions, are subject to the laws of Victoria, Australia.
Exclusion and limitation of liability
TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED
UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
1. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within 30 days of it arising.
2. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated saving
s or for any other indirect or consequential or economic loss whatsoever.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
a. in relation to goods
i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or the repair of the goods or payment of the cost of having the goods repaired;
b. in relation to services
i. the supplying of the services again; or The payment of the cost of having the services supplied again as in each case we may elect.
Masquerade Costumes Australia respects the Guidelines suggested by the Australian Direct Marketing Association, in it's Code of Practice for Consumer Protection in ecommerce.
We also abide by the World Wide Web Consortium (W3C) Platform for Privacy Preferences Project (P3P). This policy is emerging as an industry standard providing a simple, automated way for users to gain more control over the use of personal information on web sites they visit.
In line with those guidelines, Masquerade Costumes Australia would like you to be aware of the information we collect to provide your service. We do not provide third parties with access to your personal data, with the obvious exception of third party business partners such as for Shipping purposes.
Information collected by Masquerade Costumes Australia
Your contact information, including:
1. named individuals
3. email addresses
4. Information about what products or services you have ordered from Masquerade Costumes Australia:
5. Information about what services you have enquired
6. Your interest in receiving Masquerade Costumes Australia email newsletters
7. Correspondence between you and Masquerade Costumes Australia
8. A customer relationship management system in which details of conversations might be written by employees
9. Encrypted credit card details
10. Your accesses to our websites
What Masquerade Costumes Australia does with your information.
We do not disclose your personal information available to third parties, with the obvious exception of third party business partners such as for shipping purposes.
We will contact relevant people to communicate billing and shipping issues
We store website data and email queued on our servers, only for use as back-up data should it be required
We may customise our email newsletters and communications to reflect your interest in a particular product.
We access historic correspondence and details about earlier conversions in response to customer service issues and, to conform to the edicts of the law or comply with legal process served on Masquerade Costumes Australia
We monitor and store your online requests for costumes and services for research and to keep a history of your transactions with the business.
As a customer of Masquerade Costumes Australia you will receive occasional email communications from Masquerade Costumes Australia that relate to the services we provide to you, and you will have the option to opt-out of all non-essential email and postal mail.