General Business Terms & Conditions. Including Hire Terms.

General Business Terms & Conditions. Including Hire Terms.

GENERAL TERMS AND CONDITIONS OF BUSINESS

1. This website is operated by The Dance Shop. Where these terms and conditions use terms such as "we", "us" and "our" they refer to The Dance Shop. 

2. We offer this website, including all the information, tools and services available on it, on the condition that you accept these terms and conditions and the associated privacy policy available on our website. 

3. By visiting our website and/or purchasing something from us, you are deemed to have accepted all these terms and conditions. 

4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to our website, read these terms and conditions and ensure you understand them before making a purchase.

GENERAL CONDITIONS

5. We reserve the right to refuse service to anyone, for any reason, at any time and cancel any order without notice or given reason. 

6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices. We do not share customers info to any third parties.

7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website. 

8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein. 

ONLINE STORE TERMS

9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website. 

10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system. 

11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing. We do use manufacturer pictures and descriptions.

12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:

i) The item you have ordered is out of stock. We may, however, send an alternative brand of the same quality, style, colour and size at the same price if available to us at the time or place that item on back order, to be sent at a different date. Notifications of any of these will be noted in the delivery package.

ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent

iii) There has been a pricing or product description error

iv) There is a system or procurement failure

v) You have failed our customer validation checks

13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.

14. Your order will only be accepted by us once your goods have been dispatched. An automated email will be sent when the order is dispatched to the delivery address given.

15. Postage paid cannot be altered after paying or refunded or upgraded before dispatch. Please make sure you have selected the correct service before paying.

16. If a discount code was intended to be used, but forgotten to enter at check out, we cannot alter after payment has been made. Please check before paying. You can go back at anytime prior to paying and alter your order. If a discount code was used and the order altered in anyway to get a better deal/transaction the order will be cancelled and refunded within 1-5 working days.

17. Any Deals/Offers of any kind are subject to change without notice and maybe subject to stock availability. Free items are automatically added to your basket at check out. Do not add them yourself as you will be charged for the Free item.

MODIFICATIONS TO OUR SERVICE AND PRICING

18. Prices for items are subject to change without notice. 

19. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you. 

20. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service. 

DELIVERY

21. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times). Click & Collect orders are usually available for collection in 24 hours from purchase on a week day being Monday to Friday.

22. Where you select a "next day delivery" option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday. Click and collect option is for collection from our high street store in Hull only within 14 days (2 weeks), if not collected within that time scale the items will be returned to stock for resale and may not be available for future collection or purchase.

22a. Back Orders & Special Orders. Please see item Return Policy on each listing as terms do vary dependant on supply etc.

ORDER CANCELLATION

23. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.

23a Special Ordered items or Back Orders cannot be cancelled after purchase.

24. Where items have not been dispatched prior to a cancellation request, our refund policy will apply.

25. Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.

LIABILITY AND INDEMNITY

26. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.

27. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.

JURISDICTION

28. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.

ENTIRE AGREEMENT

29. These terms and conditions combined with our published Privacy Policy (also available through this website) and Refund Policy (also available through this website) constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.

GENERAL

30. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.

31. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.

REFUNDS & RETURNS

32. Items MUST be returned to us within 14 days of receipt at the original delivery address. (Also see section 36. for holiday terms on returns).Items to be returned must be posted at the latest on the 14th day from receipt date. All items are sent tracked and signed for to the address given for this purpose. All returns must be sent back in the same original new condition and packaging, if not charges/deductions may apply at our discretion, any items returned after the 14 days without prior consent by us, will not be refunded. They will not be resent, but put aside. We use the date stamped on the parcel returned as proof of date sent back. Back Orders or Special Orders may not be returned - see each listing for Return Terms.

33. Refunds of payments can take up to 5-10 working days to reach the account of where the original payment was made from. This is dependant on how the original payment was made and is out of our control.

34. Any Free items or deals not applicable after the return may have the value of those items/deals deducted if not returned in part or whole of the original order.

35. Certain items cannot be returned. These are usually stated in the product category or item description. For Example all items in the 50% off section if purchased the customer is agreeing to the terms of a no return policy of these items. These items are exempt from the usual return rights for online purchases by contract which is agreed by the purchaser upon purchase. The reason for this policy is because reductions are very high and sometimes below cost price to clear them from stock. Do not purchase if you do not agree. This Term only applies to the items not returnable on the original purchase order, any items not subject to this term can be returned as usual as state in section 32,.

36. We extend our returns policy to an additional 4 weeks over the Christmas period. (Basically this means anything not exempt from return purchased in December can be returned in the period stated). This extension starts on the 1st December to 31st December. Items purchased in December MUST be received back to our premises by or on the 14th January if a refund or exchange is required. Any returns arriving on or after 15th January will not be exchanged or refunded.

SPECIAL ORDERS SECTION

37. On our website the category named "Special Order Items" are mainly not held in actual physical in our retail store. These items come direct from our supplier until such time as choose to hold actual stock. If in stock with our suppliers we will receive these with 14 working days or earlier. This is not a guaranteed service and may take longer. These items still need to be paid in the same way and a delivery method chosen. The purchaser will receive an email confirming the order made, this is not notification of dispatch. A dispatch email will be sent to the customer upon receipt in our store from supplier when either ready to collect, if click and collect is used, or when dispatched from our store by the method originally chosen at the time of purchase. Delivery method cannot be upgraded. The order can be cancelled at anytime via a call or email to our store using the original email purchase number. A full refund will be given in the usual way and may take up to 10 days to reach the customers original method of payment. An email will be sent when the refund is processed prior to the 10 days period.

STOCK AVAILABILITY

38. We strive to make sure that all stock shown is available and in current stock. (not in SPECIAL ITEMS CATEGORY), However, as we also sell in our retail high street store and because of human error, we cannot 100% guarantee available stock. in the event of a stock error the purchaser will be contacted with options. Options can be any of the following - 1. Cancel the whole order. 2. Cancel part of the order. 3. Offer an alternative item. 4. Wait until the item is available before dispatch. 5. Send the rest of the order and forward at a later date the missing item, 6. Refund the cost of the missing item/s. Refunds may be subject to a delay defendant on original payment type up to 10 days.

COSTUME HIRE TERMS

Tutu & Costume Hire Agreement in Brief.

All Hires/Rentals are Collection ONLY. We do not post out rented items.   

 We, The Dance Shop, (22hire.com) always own the costumes, you are simply borrowing them from us.
    

  •     When you borrow our items, you need to look after them     (don't damage them, alter or wash them as some of them need     specialist cleaning techniques).

        
  •     If anything is missing or damaged before use, you need     to let us know right away.

        
  •     If you do damage or lose a costume, we will charge you     for the replacement or cost to repair which ever is the less amount.

        
  •     You must return all costumes at the end of your hire     without delay, or we will charge you extra hire fees.

        
  •     There are no exceptions to the above.

1. Hire Terms in Full as follows:-

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  •     1.1     This sets out the Terms and Conditions by which The Dance Shop     trading as 22hire.com agrees to hire the Costumes to the Hirer     forming a contract between 22hire.com     and the Hirer who agrees to accept such terms. “Costumes” are     defined as clothes, accessories or both.

        
  •     1.2      22hire.com     Costume Hire Terms ("Hire Terms") form the entire     agreement between the Hirer and 22hire.com     to the exclusion of any terms and conditions on any purchase order     or other documentation whether provided by the Hirer or otherwise     and supersede all previous agreements between the parties in     relation to the hire of the Costumes.

        
  •     1.3     The Hirer must be at least eighteen 18 years of age. Proof of age     will be asked for via photo ID such as a Driving Licence or Passport     if 22hire.com     is aware the hirer maybe under 18 years of age.

        
  •     1.4      22hire.com     does not fire test its costumes or treat them with flame retardant.     They are therefore not intended for use by children in play or     private hire. No hired item can be subcontracted or hired to another     user not named on the agreement.

        
  •     1.5 Safety Notice: small parts or magnets may be used within the     construction of our costumes

        
  •     1.6     Costumes may vary from their pictures. The images of the Costumes     are for illustrative purposes only and 22hire.com     cannot guarantee that a device display of the colours accurately     reflects the colour of the Costumes etc.


2. Fees, Deposits and Payment

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  •     2.1 The Hirer shall pay to 22hire.com the Total Hire Fees and     Deposits as set out in the Hire Terms. This Total Hire Fee may be     inclusive of other additional charges as outlined in the Hire Terms     for the hire of the Costumes during the Hire Period. 22Hire.com will     calculate all fees and charges due from the Hirer in accordance with     this Agreement and that calculation decision shall be final.

        
  •     2.2 22Hire.com will not refund any part of the Total Hire Fee if the     Costumes/items are returned before the end date specified on the     agreement.

        
  •     2.3 The Total Hire Fee and any applicable Advance Deposit must be     paid in full and received by 22hire.com prior to the release of the     Costumes to the hirer.

        
  •     2.4 If the Hirer tries to cancel the agreement within 14 days of the     start date of the agreement 22hire.com will not refund any payments     made.

3. Penalties and Late Payment

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  •     3.1 The Hirer shall be liable for any loss of or damage to the     Costumes during the hire period (“Hire Period”) stated in the     Hire Terms and fees will be deducted from deposit made.

        
  •     3.2 If the Hirer fails to return the Costumes in what 22hire.com     deems to be satisfactory condition and on the specified return date     stated in this Agreement, the Hirer will be in breach of its     obligations. In the event of such a breach, the Hirer will be liable     for the extended hire charge 100% of the standard Costume hire fee     every day per unreturned item of Costume for the total amount of     days late, inclusive of the day returned late. (Known as the Penalty     Period)

        
  •     3.3 If after the Penalty Period the Hirer fails to return Costume in     a satisfactory condition, 22hire.com will charge the Hirer 100% of     replacement cost of the said Costume (‘Replacement Charge’).

        
  •     3.4 If 22hire.com has reason to suspect the Hirer has no intention     to return the Costumes before the end of the Penalty Period,     22hire.com reserves the right to charge the Replacement Charge at     any point.

        
  •     3.5 If the Hirer returns the Costumes dirty, modified, altered or     uses the Costumes for any purpose other than those outlined in this     Agreement without prior written consent of 22hire.com, the Hirer     shall pay Costume Source any charges that 22hire.com deems     appropriate for, amongst others, the cleaning, repair, change of use     and/or replacement of the Costume.

        
  •     3.6 If the Hirer fails to return hangers or garment bags as supplied     with the Costumes, 22hire.com will charge the Hirer for the     replacement costs of said items.

        
  •     3.7 If the Hirer fails to return any Costume accessories or fails to     return them in what 22hire.com deems to be satisfactory condition,     22hire.com may charge the Hirer as if the entire Costume was being     replaced.

        
  •     3.8 The Hirer authorises 22hire.com to deduct any sums properly due     to 22hire.com from the deposit paid at the time of the initial hire.


4. Costume Acceptance, Care and Return


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  •     4.1 Costumes are hired on an ‘as is where is’ basis. 22Hire.com     will use all reasonable efforts, where possible, to ensure that the     Costumes are supplied clean and in suitable condition for use. The     Hirer shall check the Costumes promptly upon collection or delivery     and notify 22hire.com of any discrepancy immediately. The Hirer will     be deemed to have accepted the quality and condition in which the     Costumes were received, in the event that it fails to do so.

        
  •     4.2 The Hirer will take good care of the Costumes at all times     during the Hire Period and any extension thereof and in particular     will comply with the following requirements: a. If the Costumes have     been hired for use outdoors, the Hirer will not use them during wet     weather or under any outside conditions that may result in damage to     the Costume; b. The Costumes may not under any circumstances be used     as fancy dress or for parties and should the Hirer use the Costumes     at any venue or location where food or drink is being consumed, the     Hirer is required to act responsibly to avoid any damage to the     Costume; c. Stage blood may not be used on the Costumes; d. The     Costumes may not be distressed or broken down in any manner     whatsoever; e. Labels, tags or hanging loops must not be removed     from Costumes; f. The Hirer may not modify or alter the Costumes in     any way without the prior written approval of 22hire.com and if     approval is given, such modification or alterations must be carried     out strictly in accordance with any instructions given by     22hire.com; g. The Hirer will not under any circumstances attempt to     wash or dry clean any Costume or accessories; h. The Hirer shall     notify 22hire.com promptly in the event of any damage to or loss of     any Costumes; i. Costumes must be returned in the original packing,     dress bag, accessory bag, hanger or other packaging originally     provided by 22hire.com; j. In order to avoid damaging the Costumes     and incurring additional charges, the Costumes must not be packed     with any footwear and/or heavy items. The Hirer must use the return     packaging provided by 22hire.com; and l. The Hirer shall provide     contact details to 22hire.com upon collecting or returning the     Costumes to enable easy identification.

        
  •     4.3 The Hirer is solely responsible for the Costumes at all times     when the Costumes are not on 22hire.com's premises and in its     possession.


5. Intellectual Property Rights

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  •     5.1 Ownership of and title in the Costumes shall remain at all times     with 22hire.com. The Hirer shall have no right or interest in the     Costumes except for the right to use the Costumes under the terms of     this Agreement.

        
  •     5.2 The Hirer shall not sell, rent or otherwise dispose of any of     the Costumes or give any third parties the legal rights to the     Costumes or their design or transfer or try to transfer legal     ownership.

        
  •     5.3 The Hirer shall not in any way, without prior written     permission, make use of any trade marks owned by 22hire.com.

6. Unforeseeable Circumstances

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  •     6.1 22hire.com shall not be liable for any loss howsoever arising     from non-delivery or delay in delivery caused by events outside     Costume Source's control including but not limited to, flood, fire,     snow, storm, war, terrorism, strikes, lock-outs or other industrial     action, riots or any act, regulation, legislation or ruling of any     Government, regulatory or national authority or of any competent     court or any default on the part of the carriers of the Costumes.

7. Liability and Indemnity

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  •     7.1 The Hirer shall indemnify 22hire.com on demand against any     losses, claims, damages, liabilities and/or expenses of whatever     nature suffered by 22hire.com as a result of the late return of the     Costumes.

        
  •     7.2 Nothing in this Agreement shall exclude or limit in any way any     liability in respect of death or personal injury resulting from the     either party’s negligence or any other liability which may not     legally be excluded.

        
  •     7.3 22hire.com's maximum aggregate liability to the Hirer for any     claims under this Agreement whether arising in contract, tort     (including negligence) or otherwise shall be limited to the Total     Hire Fee. 22Hire.com shall not be liable to the Hirer for any     indirect or consequential loss or damage, loss of profit or loss of     business howsoever caused.

8. Termination of this Agreement.

  •     
  •     8.1 22hire.com may terminate this Agreement immediately at any point     without notice, Termination may be given verbally by phone or in     written form by email or by text message or a combination of these     methods with notice or by immediate affect.

        
  •     8.2 Termination of this Agreement is without prejudice to any rights     or remedies of the parties which have accrued prior to the date of     termination, including without limitation in the case of 22hire.com     the right to recover from the Hirer any or all of the following: a,     any arrears of the Hire Fee and other charges accrued due and unpaid     under this Agreement; b. any costs and expenses incurred by     22hire.com in locating, repossessing, recovering or restoring the     Costumes or collecting any payments due under this Agreement; and c.     the costs of repairing or replacing any lost or damaged Costumes.

        
  •     8.3 If this Agreement is terminated by 22hire.com, 22hire.com shall     be entitled to retake possession of the Costumes and for that     purpose the Hirer gives to Costume Source licence to enter into any     premises where the Costumes may be stored or held.

9. Confidentiality

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  •     9.1 The Hirer acknowledges that information of a confidential nature     relating to Costume Source's business may be disclosed to the Hirer     or come to the Hirer's attention during the course of this     Agreement. The Hirer will not disclose any such information to any     person except the Hirer's professional advisors without 22hire.com's     prior written approval unless it is or becomes public knowledge     through no fault of the Hirer. This applies both during and for a     period of ten 10 years after the term of this Agreement.

10. General Terms

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  •     10.1 Any notices under this Agreement shall be in writing or by     phone call.

        
  •     10.2 This Agreement may be assigned or sub-contracted by 22hire.com     in whole or in part to any third party. This Agreement is personal     to the Hirer and the Hirer may not assign, charge, sub-contract or     transfer it without 22hire.com's prior written consent.

        
  •     10.3 This Agreement is not intended to confer any rights of     enforcement on any third party and the Contracts (Rights of Third     Parties) Act 1999 shall not apply to any part of this Agreement.

        
  •     10.4 This Agreement will not be deemed to create any partnership,     agency or joint venture between 22hire.com and the Hirer.

        
  •     10.5 This Agreement may be varied only in writing signed by an     authorised representative of each party. If not agreed by both     parties the hired items must be returned immediately to 22hire.com.

        
  •     10.6 If at any time any of the provisions of this Agreement become     invalid under any law or regulation, this will not affect the     validity of the remaining provisions of this Agreement in any way.

        
  •     10.7 No failure or delay on the part of either party in exercising     any right under this Agreement shall constitute a waiver of that     right.

        
  •     10.8 This Agreement is governed by English law and the parties     hereby submit to the exclusive jurisdiction of the English courts in     relation to any dispute arising out of or in connection with it.

Prices are for a 14 day hire unless otherwise stated and include VAT where applicable.