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Terms & Conditions

This website is owned and operated by Simply Perform. These terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to sell or buy pre-loved costumes and accessories. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

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Sales

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Postage costs are to be included in the sale price of the item (this is for UK deliveries only). For any international shipments  and items requiring special delivery the shipping costs need to be agreed between the seller and the buyer, prior to the purchase being made.

It is the responsibility of any member to provide an accurate description of the item they are wanting to sell. All items have to be in good condition and in a reusable state. Simply Perform have the right to refuse to add an item if the condition is deemed not to be an acceptable standard.

A photograph and description of the item must be provided to Simply Perform before it will be added to the website shop.

Simply Perform will deduct 10% from every item sold, before forwarding the monies from the sale to the seller. 

If an item you have advertised on the website sells elsewhere, please inform Simply Perform so it can be removed from our pages.

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Delivery

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It is the sellers responsibilty to post the sold item within a reasonable timeframe, (approx  3-4 working days).

All sellers need to obtain proof of postage and signed delivery when they are posting an item to the buyer. Simply Perform will not be held responsible for any items that fail to reach the buyer, if proof of delivery has not been obtained/purchased.

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Commercial Terms


When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are 10% per item. We reserve the right to change our prices for
products displayed at any time, and to correct pricing errors that may inadvertently occur. 

 

Return and refund policy


Due to the nature of the goods sold on our website, items can only be returned in special circumstances and Simply Perform must be contacted prior to any item being returned.

Refunds will only be issued if Simply Perform have agreed to the return of the item.

Please contact Simply Perform within 14 days of the date you received the product.

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Retention of right to change offering


We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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Ownership of intellectual property, copyrights and logos


The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Simply Perform. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

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Right to suspend or cancel user account


We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. 

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Indemnification


You agree to indemnify and hold Simply Perform harmless from any demands, loss, liability, claims or expenses (including solicitors fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

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Limitation of liability


To the maximum extent permitted by applicable law, in no event shall Simply Perform, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, Simply Perform assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any un-authorized access to or use of our secure servers and/or any and all personal information stored therein.

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Privacy

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These Terms & Conditions describe how Simply Perform protects and makes use of the information you give the company when you use this website.

Personal Information - You can visit this site without telling Simply Perform who you are or revealing any personal information about yourself. Some parts of the site ask you to submit information for the purpose of using Simply Performs services. The information will be retained only for as long as necessary to fulfil the purposes for which the information was collected or until you withdraw your information from the website.

Simply Perform will use your personal information to provide the services available.

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How Simply Perform shares Personal Information - By becoming a member of this site , you consent to the computer storage and processing of your personal data by Simply Perform.

Simply Perform will use and share the name and address you provided to it to third parties for delivery purposes only.

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Preference of law and dispute resolution


These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in The United Kingdom. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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Online dispute

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If you have a problem with an online purchase and cannot resolve it with the trader, you can use this platform to send your complaint to an approved dispute resolution body.

The EU commission provides an online dispute resolution platform (OS platform).

You can find it here:

https://ec.europa.eu/consumers/od

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