Terms and conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website under the domain name www.myshowcase.com or www.myshowcase.com ("Website" or "Site") to you. Please read these terms and conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

• 1. INFORMATION ABOUT US
  • 1.1. This Website (www.myshowcase.com ou www.myshowcase.com) is a site operated by myshowcase Ltd ("MyShowcase"), a company registered in England and Wales under company number 6554110, having its registered office at 18 Frognal Gardens, London, NW3 6 XA, United Kingdom.
  • 1.2. For the avoidance of doubt, we raise your attention to the fact that MyShowcase is an independent company which has no commercial, financial, legal links nor any other links of any nature whatsoever with any company or licensee that manufactures or owns the copyrights over the dolls to which our Products may fit, irrespective of the brand names or trademarks under which these dolls are sold. In this respect, there should be no confusion between MyShowcase, its Products, and any other companies, brands or trade marks, including but not limited to Disney Consummer Products®, Hasbro®, MGA Entertainment®, Mattel® .
• 2. SERVICE AVAILABILITY
  • 2.1. We deliver in a number of countries listed in our address form
• 3. YOUR STATUS
  • 3.1. By placing an order through our site, you warrant that:
    • 3.1.1. You are legally capable of entering into binding contracts;
    • 3.1.2. You are at least 18 years old;
    • 3.1.3. You are resident in one of the Serviced Countries as set out in Section 2 above; and
    • 3.1.4. You are accessing our site from that country.
• 4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
  • 4.1. When you place an order on www.myshowcase.com or www.myshowcase.com you enter into a transaction with us.
  • 4.2. Your order on this website constitutes an offer to us to purchase the Products displayed on our website and placed in your basket, and we will do our utmost to fulfill this order to the service levels you have every right to expect. To meet our service commitment to you, we will store your order and necessary personal details, obtain authorization from your bank for the payment, and make certain security checks on your identity and address. This section details these actions and our respective rights and obligations.
  • 4.3. Email confirmation: once MyShowcase will have collected payment from your credit / payment card, we will send you an acknowledgment of receipt by email confirming the details of your order and the fact that it is completed ("Email Confirmation").
  • 4.4. Our offers are subjects to availability. Unavailable products are not shown on the Website. We will normally verify availability as part of our ongoing procedures. However, despite our best efforts, some of the Products listed on our Website may not be available, in which case we will inform you of the unavailability of the product by email as soon as possible, and in the case of a multiple order we will dispatch you the Products that are available.
  • 4.5. Placing the order does not constitute a contract with MyShowcase until we confirm that we have received the payment or the price. Order acceptance and completion of the contract will occur once you have received the goods.
  • 4.6. If, for any reason, there is a problem with collecting payment from your credit /payment card after we have confirmed receipt of your order, we will not be obliged to dispatch your order. Additionally, on some occasions, we may be unable to process an order. The reasons for this may be due to:
    • 4.6.1.1. The item being out of stock or no longer available; or
    • 4.6.1.2. Your payment being declined; or
    • 4.6.1.3. An unspecified technical error.
  • 4.7. If you are sure you are using a valid card, please try again with the same credit/debit card or please place another order on our website, using a different credit/debit card.
  • 4.8. As part of our policy to protect against the fraudulent use of credit cards, we conduct security checks on all our orders. These can take various forms and may involve contacting you by telephone before we process your order. MyShowcase also retains the service of various credit rating and fraud prevention companies, and we may share details of your order with them for the sole purpose of detecting and preventing fraudulent use of your payment cards.
• 5. CONSUMER RIGHTS
  • 5.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
  • 5.2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
  • 5.3. Details of this statutory right, and an explanation of how to exercise it, are provided in your invoice. This provision does not affect your statutory rights.
• 6. AVAILABILITY AND DELIVERY
  • 6.1. Your order will be fulfilled by the delivery date set out in the Email Confirmation or, if no delivery date is specified, then within 30 days of the date of the Email Confirmation, unless there are exceptional circumstances.
• 7. RISK AND TITLE
  • 7.1. The Products will be at your risk from the time of delivery.
  • 7.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
• 8. PRICE AND PAYMENT
  • 8.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
  • 8.2. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in [insert a link to the page where delivery prices are to be found].
  • 8.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Email Confirmation.
  • 8.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Email Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
  • 8.5. Payment for all Products must be by credit or debit card. We accept payment with most credit/debit cards . We will charge your debit or credit card when you place your order.
• 9. OUR REFUNDS POLICY
  • 9.1. When you return a Product to us:
    • 9.1.1. because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
    • 9.1.2. because you claim that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail 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.
  • 9.2. Without prejudice to clause 9.1, you agree that it is your liability, before buying any of our products, to ensure based on the information provided on our website that the products you intend to buy fits /corresponds to the size and brand of your doll(s), as our products may be suitable for a great variety of dolls in terms of brands, size and design. Therefore, we will not refund you after the seven-day cooling-off period in the event you would claim that the product does not fit to your doll.
  • 9.3. In accordance with clause 4.4, should one of the Product you order be unavailable we would immediately refund you the price of the unavailable Product.
  • 9.4. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
• 10. OUR LIABILITY
  • 10.1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied including, but not limited to EC manufacturing regulations. However, please note that:
    • 10.1.1. our products shall not be given to children under 3 because of small parts;
    • 10.1.2. packaging shall be removed before giving our products to children;
    • 10.1.3. you should conserve the address and packaging;
  • 10.2. However, as specified in clause 9.2, you agree that it is your liability, before buying any of our products, to ensure based on the information provided on our website that the products you intend to buy fits and corresponds to the size and brand of your doll(s), as our products may be suitable for a great variety of dolls in terms of brands, size and design.
  • 10.3. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
  • 10.4. This does not include or limit in any way our liability:
    • 10.4.1. For death or personal injury caused by our negligence;
    • 10.4.2. Under section 2(3) of the Consumer Protection Act 1987;
    • 10.4.3. For fraud or fraudulent misrepresentation; or
    • 10.4.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
  • 10.5. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
    • 10.5.1. loss of income or revenue;
    • 10.5.2. loss of business;
    • 10.5.3. loss of profits or contracts;
    • 10.5.4. loss of anticipated savings;
    • 10.5.5. loss of data; or
    • 10.5.6. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.3 or any other claims for direct financial loss that are not excluded by any of categories in 10.5.1 to 10.5.6 inclusive of this clause 10.5.
• 11. IMPORT DUTY
  • 11.1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
  • 11.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
• 12. WRITTEN COMMUNICATIONS
  • 12.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
• 13. NOTICES
  • 13.1. All notices given by you to us must be given to myshowcase Ltd, 18 Frognal Gardens, London, NW3 6 XA, United Kingdom or by email at support@myshowcase.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12above. Notice will be deemed received and properly served 48 hours after an e-mail is sent, or ten working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
• 14. TRANSFER OF RIGHTS AND OBLIGATIONS
  • 14.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
  • 14.2. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
  • 14.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
• 15. EVENTS OUTSIDE OUR CONTROL
  • 15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
  • 15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    • 15.2.1. Strikes, lock-outs or other industrial action;
    • 15.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    • 15.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    • 15.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    • 15.2.5. Impossibility of the use of public or private telecommunications networks;
    • 15.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
  • 15.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
• 16. WAIVER
  • 16.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  • 16.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
  • 16.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.
• 17. SEVERABILITY
  • 17.1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• 18. ENTIRE AGREEMENT
  • 18.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  • 18.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
  • 18.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
• 19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
  • 19.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
  • 19.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Email Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
• 20. LAW AND JURISDICTION
  • 20.1. Subject to Clause 20.2 below, Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
  • 20.2. In the event of any dispute between you and us arising out of any matter relating to these Terms and Conditions you agree that we shall in the first instance seek to resolve the matter by discussions in order to reach an amicable solution.