Terms & Agreement
This Agreement (the “Agreement”) is a legal agreement between you and thecarnivalstore.com.cy (“thecarnivalstore.com.cy ” or ” The Carnival Store”) that states the terms and conditions under which you may receive the thecarnivalstore.com.cy service and use thecarnivalstore.com.cy. If you use the The Carnival Store’s service or thecarnivalstore.com.cy, you agree to these terms and conditions and we follow all the rules and regulations of the Republic of Cyprus according to our online services.
This Agreement is only in the English language.
1. The Carnival Store’s Delivery Service and Website.
The The Carnival Store service is a transaction, information and communication service available to authorized users (“customers”) who access the thecarnivalstore.com.cy. The Carnival Store currently provides an online store order for carnival costumes, fancy dresses, Halloween costumes, carnival accessories such as wigs and face painting materials etc.
a. Shopping and Delivery Service. The Carnival Store’s employees, agents or designees will shop and deliver orders placed with The Carnival Store. Delivery will be made to the delivery address that you specify when you place your order. Payment for shopping and delivery fees is due at the time of purchase. You are responsible for ensuring that someone is present at the delivery address to receive and pay (if not paid online) for deliveries at the time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If The Carnival Store cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be charged an additional fee. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. We will adjust the price if the product is less, and we will not charge more if the product is more. The Carnival Store’s liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.
In some areas, you may choose to receive your The Carnival Store order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing electronic products cannot be left unattended under any circumstances. The Carnival Store may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive and pay for deliveries. The Carnival Store is not responsible, and you agree not to hold The Carnival Store or its employees responsible, for any damage or theft that occurs to an unattended delivery. The Carnival Store reserves the right to refuse to leave an order unattended if the Authorized Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.
b. Third Party Information Providers and Merchants. The The Carnival Store service may permit you to order and receive products, information or services from businesses which are not owned or operated by The Carnival Store. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. The Carnival Store does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the The Carnival Store service.
2. Your Member Account.
You agree to provide The Carnival Store with accurate and complete information as required by registration for the The Carnival Store service (“Customer Registration Data”), including, but not limited to, your legal name, billing and delivery addresses, telephone number and promptly to notify The Carnival Store of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number (your email) and password allowing you access to the The Carnival Store service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify The Carnival Store immediately of any unauthorized use of your password or your account. You will remain liable for any use of the The Carnival Store Service until you notify The Carnival Store of the unauthorized use. From the time you become a member of our website, you will be able to search and review your previous orders as well as check the progress of your current order. After the payment of your order, you will receive a confirmation email with all the details of your order including item prices, quantity, delivery charges if any and all other information concerning your order.
3. Property Rights – thecarnivalstore.com.cy and The Carnival Store.
a. Copyright: All content on thecarnivalstore.com.cy including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of The Carnival Store. ALL RIGHTS RESERVED, or its content providers. The Carnival Store authorizes you to view, electronically copy and to print in hard copy portions of www.cxc.com.cy for the sole purpose of placing an order with The Carnival Store, for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on thecarnivalstore.com.cy, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purpose, without the prior written permission of The Carnival Store is strictly prohibited. The Carnival Store reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from The Carnival Store.
b. Trademarks: All The Carnival Store logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of The Carnival Store or otherwise proprietary to The Carnival Store and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on thecarnivalstore.com.cy are the property of their respective owners.
4. Fees, Payment and Access
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current The Carnival Store fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the The Carnival Store fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), The Carnival Store may refuse to deliver your order until you settle your payments. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that The Carnival Store may incur in its efforts to collect any unpaid balances from you. The Carnival Store reserves the right to establish a credit limit for your account. Your right to use the The Carnival Store service is also subject to limits established by your credit card issuer.
5. Unauthorized or Fraudulent Use.
From time to time, The Carnival Store may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and The Carnival Store reserves the right to charge you an amount equal to such damages.
6. Changes in Agreement, Fee Schedule or CXC Toys Ltd Service.
The Carnival Store may at any time change any of the terms of this Agreement or the The Carnival Store fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the The Carnival Store service. If The Carnival Store makes material changes to this Agreement or changes to the The Carnival Store fee schedule, The Carnival Store will provide notice to you in a manner provided in this Agreement. Your use of the The Carnival Store service after any such change will be conclusively deemed acceptance of such change. The Carnival Store may discontinue or revise any or all aspects of the The Carnival Store service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your The Carnival Store Service and terminate this Agreement.
The Carnival Store may suspend or terminate your access to the The Carnival Store service at any time for any reason with or without notice to you. You may terminate your The Carnival Store service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day the notice is received or such later date specified in the notice. If you terminate your The Carnival Store Service for any reason, you will not be entitled to a refund of any fees. The Carnival Store reserves the right to collect fees and charges incurred before you cancel your The Carnival Store Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
8. Limitation of Liability and Disclaimer of Warranty.
YOUR USE OF THE “THE CARNIVAL STORE”, THE CARNIVALSTORE.COM.CY AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE THE CARNIVAL STORE, THECARNIVALSTORE.COM.CY AND ITS CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CARNIVAL STORE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CARNIVAL STORE DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THECARNIVALSTORE.COM.CY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THECARINVALSTORE.COM.CY OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER THE CARNIVAL STORE NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS “ASSOCIATES”) SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE CARNIVAL STORE, THECARNIVALSTORE.COM.CY, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH THE CARNIVAL STORE. THE CARNIVAL STORE’S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY THE CARNIVAL STORE AND RETURNED BY YOU. BECAUSE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY CYPRUS LAW.
The material on thecarnivalstore.com.cy is provided for lawful purposes only. The Carnival Store controls and operates thecarnivalstore.com.cy from its headquarters in Limassol, Cyprus and makes no representation that these materials are appropriate or available for use in other locations. If you use thecarnivalstore.com.cy from other locations, you are responsible for compliance with applicable local laws.
You agree to defend, indemnify and hold The Carnival Store and its Associates harmless from any claims and expenses, including attorney’s fees, arising in connection with a violation of this Agreement by you or through use of your account.
10. Privacy and Security.
- Aggregated Information. The Carnival Store may use aggregated information regarding its customers and usage of the The Carnival Store service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. The Carnival Store may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
- Enforcement of Agreement or Compliance with Cyprus Law. The Carnival Store may use or disclose personal information when The Carnival Store believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of The Carnival Store or its users or to comply with the Cyprus law.
You may at any time review and change your personal information stored by thecarnivalstore.com.cy by accessing the My Account page at thecarnivalstore.com.cy. You may also request that The Carnival Store permanently remove all personal information stored by The Carnival Store at any time by delivering notice requesting such removal. Upon such request, The Carnival Store will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your The Carnival Store Service. At The Carnival Store, we want you to feel safe while shopping with us.
11. Legal and Miscellaneous
This Agreement states your entire agreement with The Carnival Store regarding the use of the The Carnival Store Service and thecarnivalstore.com.cy. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect
- The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
- This Agreement shall be governed by the laws of the Republic of Cyprus without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with The Carnival Store or its Associates or relating in any way to your use of the The Carnival Store or thecarnivalstore.com.cy resides in the courts of Cyprus, and you further consent and agree to personal jurisdiction by the republic and courts sitting in the republic of Cyprus in connection with any such dispute.
- Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
- Sections 7 and 8 of this Agreement are for the benefit of The Carnival Store and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your The Carnival Store service.
The Carnival Store may give notice to you of a change in this Agreement, a change in the The Carnival Store Fee Schedule, and any other matter by general posting on thecarnivalstore.com.cy, by electronic mail. You may give notice to The Carnival Store by telephone +357 25338931 or by electronic mail (visit Contact Us on thecarnivalstore.com.cy).
If you have any questions about this agreement, please call us at +357 25338931 or email us at Contact Us.