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These Terms and Conditions are for our products listed on our website at www.kabridancewear.com on which can be ordered through our mail or over the telephone through direct sales in our showrooms or at exhibitions or events. Please read these Terms and Conditions carefully before placing an order with us. You should understand that by ordering any of our Products, you agree to be bound to these Terms and Conditions.
Kabri Dancewear is a company registered in Costa Rica, Central America.
These Terms and Conditions apply to all products supplied by us.
You may place orders for Products by post, telephone, facsimile, e-mail, via the Website or through personal sales representatives/agents of Kabri Dancewear or direct purchases at Kabri Dancewear offices, showrooms or at exhibitions, events or personal meetings. Any order placed for Products are subject to these Terms and Conditions.
2. Basis of Purchase
2.1 By placing an order through our Website, or via the other methods set out at Clause 1 above, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
2.2 Once the Products are ordered, you will:
i) if ordered via the Website, receive an automatic acknowledgement of the order;
ii) for Bespoke Products and/or Services, a specification will be agreed and confirmed between Kabri Dancewear and you and the Kabri Dancewear representative; or
iii) for all other orders, an acknowledgment of your order is only provided upon request by you, otherwise the order is fulfilled in accordance with these Terms and Conditions.
All orders are subject to these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document). Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
2.3 Delivery dates for Products are estimated and we will use all reasonable endeavours to deliver the Products to you by the estimated delivery date provided to you by us. i
If we delay beyond our anticipated dispatch time (eg, we are out of stock), we will endeavour to contact you as soon as possible to advise you of an expected delivery date, or agree alternative options with you.
3. Orders and Specifications
3.1 Orders are only deemed to be accepted by Kabri Dancewear when formal acceptance has been issued, such formal acceptance being either in the form of a written Order Confirmation signed by a member of staff or in the form of Products being despatched. The contract between us will only be formed when we accept your order and will only relate to those Products whose order we have accepted.
3.2 If you wish to have Costume Made Products and/or Services provided to you, then you accept that Kabri Dancewear has no liability for errors or defaults in Costume Made Products and/or Services which are caused by erroneous specifications supplied to Kabri Dancewear by you or your authorised representative. More specifically, if the Costume Made Product and/or Service that you have ordered is a dress that is being designed/created on your behalf, then if you complete the Measurement Chart available from us to work from, then Kabri Dancewear shall not be liable in respect of any problems arising as a result of incorrect measurements being provided by you.
3.3 Any specifications, measurements or designs supplied by you or any designs specifically produced by Kabri Dancewear in connection with the purchase of Products together with copyright, design right or any other intellectual property rights shall at all times vest in and remain the exclusive property of Kabri Dancewear. You agree to indemnify us in respect of any losses, damages, costs or expenses that Kabri Dancewear may suffer as a result of any infringement of third party intellectual property rights or other proprietary rights, resulting from the specifications, measurements or designs supplied by you.
3.4 Kabri Dancewear shall not be liable in respect of any alleged defect in the Products as a result of any specification made by you against the advice of Kabri Dancewear.
4. Prices & payment
4.1 The price of the Products will be as quoted from time to time. If there are additional costs in relation to the design and creation element of Kabri Dancewear services (including but not limited to the Costume MadeProducts and/or Services), then such costs will be confirmed to you prior to an order for the Products being placed with us, or at such time as any additional alterations are requested by you. The price shall be confirmed to you at the time we confirm your order and the contract between us comes into existence. Kabri Dancewear reserves the right to make any changes to the prices as necessary without notice, however such changes will be made and notified to you prior to the contract between us coming into existence. In particular, Kabri Dancewear reserves the rights to charge the correct price for Products if an incorrect price has erroneously been published in any marketing material including printed material, electronic media, and all other forms of communication.
4.2 All prices includes VAT and despatch charges. Despatch costs are dependent upon the size, weight and destination of the parcel as well as the speed of delivery required.
4.3 Payment to Kabri Dancewear is required in advance of delivery unless specific credit arrangements are agreed in writing, in which case Kabri Dancewear shall be entitled to invoice for the Products upon despatch or deemed delivery. For Costume Made Products and/or Services (including dress creations), a deposit of 50% or more may be required before any work commences. Such deposit is payable at the time of confirming your order before the design appointment. Payment must be made in advance for Products, or on terms individually agreed to by us in writing. In the event that payment is not made on the due date Kabri Dancewear reserves the right to:
4.3.1 withhold delivery of any further Products;
4.3.2 require advanced payment on all Products;
4.4 When you return any Products to us:
4.4.2 for any reason (for example, a Product is defective), we will examine the returned Product and will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
4.4.3 if in your opinion a Costume Made requires alteration or amendments, then please discuss this with us when you collect your dress from us, or with your Kabri Dancewear sales representative or sales contact, or immediately upon receipt of your order.
4.5 Kabri Dancewear usually raises invoices and accepts payment in Us Dollar. Payment can be made by cash, bank transfer, bankers cheque or selected credit cards. .
5.1. Any dates quoted for delivery of the Products are approximate only and Kabri Dancewear shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Kabri Dancewear in writing.
5.2.Any charges relating to import tax, duty or Customs clearance of Products into a country designated by you shall be paid for and arranged by you. Kabri Dancewear reserves the right to not deliver Products to a specific country designated by you.
5.3 If delivery of an order is rejected by you for any reason whatsoever Kabri Dancewear reserves the right to charge you a restocking charge of 30./. of the order value together with any other charges incurred for returning the Products.
5.4 Kabri Dancewear must be notified of any shipments which may have been tampered with or of any Products missing from deliveries within 48 hours of receipt of such deliveries. Until the matter is resolved you must keep all packaging and documentation relating to such shipments.
6 Risk and Property
6.1 The risk in respect of the Products sold will pass to you upon delivery. Carriers require that all claims be notified in writing within 7 days of receipt of Products and that non-delivery be notified within 14 days of the date of despatch, 21 days for overseas. Claims notified after this period will not be recognised.
6.2 Notwithstanding delivery and passing of risk in the Products or any other provision of these conditions, the property and ownership in the Products shall not pass to you until Kabri Dancewear has received in cash or cleared funds payment in full of the price of the Products and all other products agreed to be sold by Kabri Dancewear to you for which payment is then due.
6.3 Until such time as the property in the Products passes to you (and provided the goods are still in existence and have not been resold) Kabri Dancewear shall be entitled at any time to require you to deliver up the Products to them and if you fail to do so forthwith to enter upon any premises of your or any third party where the goods are stored and repossess the Products.