Terms and Conditions, Kentucky Derby Hats 4U

a) Carnaval International Ltd (Carnaval) runs a number of e-commerce websites, including the one on which these terms and conditions are being viewed.

b) “Force Majeure” means any clause affecting the performance by Carnaval of its obligations arising from acts, events, omissions, happenings or non-happenings
beyond its reasonable control (but not limited to) governmental regulations fire, flood or any other disaster or industrial dispute affecting a third party.

c) “Working days” means Monday to Friday, excluding bank or other Public Holiday. 


1. Orders

a) All contracts of online sales made by Carnaval shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom Carnaval is dealing. Cancellation of orders by customers can only be accepted in accordance with the latest Consumer Protection (Consumer Contracts) Regulations. Under these regulations you have the right to cancel the contract for the purchase of any of these items within a period of 14 days beginning with the day after the day on which the item is delivered.


b) All orders are subject to acceptance and to availability of the goods ordered. Carnaval is entitled to refuse any order placed by you. If an item is not in stock or is otherwise unavailable we reserves the right to cancel the order.We pay no import taxes if its shipped abroad, the customer will be liable for this.

c) You undertake that:
1) All details you provide to us for the purpose of purchasing the goods or services offered on our web site are correct, ie address,  postcode or zip code .
2) The credit, debit card or cheque you use to make a purchase from us is your own or your company’s , that you are authorized to use it and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

(d) Hire orders will require payment of the item hire price, p&p and additionally a returnable deposit to cover our liability.  All hired hats should be returned within 2 weeks of receipt using a recorded service (paid for by the customer) and all the original packing materials - where a hat is not returned within this timeframe, the hat will be regarded as sold and the deposit will be kept to make up a full sale price. If any hire terms and conditions are breached we reserve the right to withhold up to 100% of the deposit paid.

2. Prices

a) Carnaval reserves the right to change prices without prior notice.

b) International prices are set to reflect variable sale costs and are not based on any simple currency exchange rate.

3. Delivery, Title and Risk

a) Delivery is an additional service provided under a separate supply of services contract - distinct from any supply of goods contract.

b) Any date stated for delivery is an estimate only. Carnaval make every effort to dispatch goods on time, but does not accept liability for failure to deliver within the stated time.

c) Carnaval does not accept liability for shortages or damage to deliveries unless the Customer notifies us of the shortage or damage in writing (email acceptable) quickly, on receipt of the delivery and returns the goods to us.

d) The customer must accept the goods when they are ready for delivery.

e) Delivery is deemed to take place when the goods are delivered to the Customers’ nominated address Ownership of the goods, all risk associated with the goods including loss, breakage and damage and all other risks shall pass to the Customer on delivery.

f) On the hired hats, the hat remains the property of Carnaval throughout the hire.

g) Additional charges made for Express or Next Day delivery are not recoverable on cancellation of sales contracts under the Consumer Contracts Regulations.

h) In extreme weather conditions the postal services can be very slow and we cannot accept liability for late delivery in that case.

i) For international deliveries, customers may incur additional costs where their countries charge Import VAT and/or customs fees. Carnaval does not bear any responsibility for these extra charges and customers need to take these into account when placing international orders.

4. Payment

a) Payment can be made on any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your order. Paypal, Cheques or Postal Orders are also accepted

b) You confirm that the credit/debit card that is being used is yours.

c) All credit/debit cardholders are subject to validation checks and authorization by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks.

5. Returns

Please see our full returns policy as the following is just a summary.

We make it a policy at Carnaval to supply good quality products to our customers but if you want to return an item because you would like an exchange, or the item is not suitable then please follow the points below.

Under the United Kingdom Consumer Contracts Regulations, you have the right to cancel the contract within a period of 14 days, beginning with the day after the day on which the item is delivered.

(a) Please cancel the contract within 14 days of delivery using our Contact Us form and then download a returns form. Please fill in the returns form to be provided with your cancelled order.

(b) Then, please inspect the item to ensure it is in its original condition, and send it back with all the wrappings. Any tags should still be in place and it should be returned in perfect, unworn condition within 14 days. (We will not refund for damaged items; Items with makeup marks or that smell of perfume, smoke, pets; or items that have been tried on using hatpins)

You will be responsible for the careful packaging of the item to ensure it gets back undamaged and it should be returned using a recorded service. We will only refund the price of the item, not the customer's cost of returning the item.

For more details please see our full returns policy.

Home fittings - On the rare occasion that a customer buys an item in person, tries it on and takes it away, it will be deemed that it was a satisfactory sale and no return will be accepted.

Large orders - For orders of more than two items where the entire order is returned for refund we reserve the right to retain a fee of not more than 10% of the full order value to cover our costs. On such occasions, rather than being a standard eCommerce contract, the customer is deemed to be using a fitting service with associated relative limited intention to buy the items. Where we apply this fee to larger orders that are returned in their entirety, it is to avoid the upward pressure on our prices that could unfairly affect all our customers.

6. Carnaval International Ltd liability

a) Carnaval shall under no circumstances, save as precluded by law, be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss”) in this sense does not refer to the price you have paid for the goods, which we may be liable to refund, in whole or in part, if the goods are faulty or do not comply with their description), Carnaval in respect of all other losses shall be limited to the price of the item, provided it has been paid for.

b) In the event that Carnaval agrees to make a refund it will be made as soon as possible but in any event the customer will be repaid within 14 days provided that the goods are returned and are in the same condition as when they were delivered to the customer.

c) The customer may also request cancellation of his or her payment where a fraudulent use of a payment card has been made.

7. Health and Safety

a) in accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, Carnaval confirms that goods its supplies as a distributor do not represent a hazard to health and safety when properly used for the purpose for which they are designed and if the Customer takes reasonable and normal precautions in their use.

8. Force Majeure

a) Where, in spite of its reasonable efforts, Carnaval is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

9. Error and Omissions

a) Carnaval makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However it is inevitable that mistakes will occasionally occur. In the case of a manifest error or omission We will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Our liability in that event will be limited to the return of any money the Customer paid in respect of that order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered.

b) A ‘manifest error’, as the term is used in sub-paragraph a) above, means, in relation to an incorrect price, a price quoted in error by Carnaval which is more than 10% less than the price that would have been quoted had the mistake not been made.

10. General

a) Nothing in these terms and conditions affect your statutory rights as a consumer.

b) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

c) Any waiver of a breach of this Agreement must be in writing.

d) Any variation of this Agreement must be in writing and signed by a Carnaval official.

e) The headings are for convenience only and shall not affect the interpretation of this Agreement.

f) Any notices given under this Agreement shall be in writing and sent by email to the last notified email address of the party.

g) The notice shall be deemed served after system confirmation of email delivery.

h) These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts

i) Carnaval reserves the right to change or amend these terms and conditions at any time and without prior notice.

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