Terms and Conditions

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Refunds/Cancellations/Seasonal production time frames

By completing your order, you are agreeing to our NO refund/cancellation and seasonal production time frame policies. We do not provide refunds of any kind due to the nature of all of our products being custom specific and made to order. To explain in more detail: when we receive your unique and specific sizing for a costume, we make each piece to these specifications and size. Many if not most of the materials, clothing, etc. needed we do not carry in stock and must order all needed amounts of materials for your custom costume.  It is for this reason we do not offer refunds of any kind.

***Additionally we state very clearly in our FAQ section the seasonal wait times and other various helpful additional information that you agree to before purchasing our products.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Dark Creations ATX makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Dark Creations ATX does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Dark Creations ATX will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website; to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Dark Creations ATX has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Dark Creation ATX’s liability in respect of any death or personal injury caused by Dark Creations ATX’s negligence; fraud or fraudulent misrepresentation on the part of Dark Creations ATX; or matter which it would be illegal or unlawful for Dark Creations ATX to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Dark Creations ATX has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Dark Creation ATX’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Dark Creation ATX’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Dark Creations ATX.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Allergies and Irritations

We are not responsible for any allergies or skin sensitivities to the costumes or materials used to produce the costume. We always recommend wearing undershirts for comfortable wear under our costumes.

Intellectual Property

Dark Creations ATX owns ALL material, costume, prop designs etc. as shown on our website and/or social media pages under the Dark Creations ATX trademark and copyright. Dark Creations ATX reserves the rights to photograph and/or model all of their designs (custom or catalog) for advertising and marketing purposes.