How Do I Return or Exchange an Order?

Make a Return

New, unused items can be returned at any time for a full refund to your original method of payment. If the original method of payment is unavailable, we will issue your refund in the form of store credit. Used items must be returned within 30 days of delivery and may only be refunded in the form of store credit.

  • New, unused items must be returned in the condition you received it and with the original box and/or packaging, including manufacturer tags where applicable.

  • Used and undamaged items will be issued store credit in the form of credits applied to your Charleston Costumes account. We will not accept the return of products damaged due to negligence or abuse.

Please take the time to carefully package your returns. It is the responsibility of the customer to pay costs related to the repair of returned items damaged in shipping due to improper packaging.

If you feel that your item is eligible for a warranty evaluation by the manufacturer due to defect in its materials or workmanship, contact our Warranty Department.

Store Credits

  • Store credits issued for returned products will expire one year from the date of issuance.

  • All other store credits expire 90 days from issuance, including credits issued as part of a promotion.

Warranty Contacts

Orders older than 30 days:  Please email warranty@charlestoncostumes.net. To ensure you have a valid warranty issue and to help get it resolved as quickly as possible please make sure your email and item falls within the following guidelines.

  • Item displays a manufacturer defect. Therefore it is not damaged as a result of natural wear and tear or accidents resulting in broken gear.

  • Please provide as much detail as possible in your email. Include the order number, purchase date, product brand, and a brief description of the issue. Most importantly please attach photos of the item including the defective area. Requests must have pictures included in order to be processed.

  • Keep in mind some vendors will require you to deal with them directly on your claim

Orders under 30 days:   Contact customer service at 1-843-471-0592

Exchanges & Return Numbers (RMAs)

Sometimes you need to exchange a product for something else—it happens. Exchanges with Charleston Costumes only require a few minutes and an RMA (Return Merchandise Authorization) number. You can create an RMA from an order in your Order History or contact a member of our team to help you make one.

The fastest way to exchange a product is to return your original purchase and place a new order at the same time. Immediately placing a new order ensures that you’ll get the new product quickly and that it won’t go out of stock while you wait for an exchange. Just make an RMA, place a new order, and return your original item. You’ll receive a full refund for items returned in new, unused condition and store credit (issued in the form of credits applied to your account) for the return of used product.

Call or chat with a team member if you’d prefer to make an exchange without setting up a new order.

Returns Shipping

With a Prepaid Label

To make shipping a return even easier, we offer a flat-rate $6.99 UPS shipping label for eligible customers within the contiguous U.S. who are returning products that don’t need to ship freight.* You’ll have the option to print this label after creating an RMA number for a return or exchange, or you can receive the label in an email after a team member generates an RMA for you.


Print your label, tape it to the outside of your return package, and drop it off at a UPS store at your convenience. The $6.99 price for the label will be deducted from the refund or credits issued for the return of your new or used items.


*Products required to ship freight may include: mascot costumes, some larger decor, effects equipment, and more. Label price may vary during promotional periods.

Without a Prepaid Label


To return products without a $6.99 UPS label:

  • Create an RMA from your Order History or contact a team member to have one created for you.

  • If your order included a paper invoice, write the RMA number found in your order dashboard on the invoice and include it with your return. If you didn't receive an invoice, write both the RMA and order number on a piece of paper and include it in the package.

  • Write the RMA on the outside of your package.

  • Please do not place shipping labels on product packaging; place the product in its packaging inside a shipping container (i.e., box or shipping bag), and adhere the shipping label to the shipping container.

  • Ship your return to this address:

Charleston Costumes Returns Department
227 Eagle Ridge Road
Summerville, SC 29485

It takes 3–5 business days to process a return after it arrives at our distribution center. You’ll receive an email confirmation when your return is received.

 
 

Sale Item Policy

If you see something on sale, don’t wait around to buy it. Sale prices are not permanent and special promotions often end within a few days.

If we put an item on sale less than 30 days after you bought it at full price, let us know and we’ll credit you the difference. This offer only applies to purchases made within the last 30 days, and only if we have the same size and color of the item that you originally purchased in stock.

 

Sales Tax Policy

Charleston Costumes collects sales tax for certain items purchased at our South Carolina retail store or shipped to the following states:

  • Alabama

  • Alaska (certain jurisdictions only)

  • Arizona

  • Arkansas

  • California

  • Colorado

  • Connecticut

  • Florida

  • Georgia

  • Idaho

  • Illinois

  • Indiana

  • Iowa

  • Kansas

  • Kentucky

  • Louisiana

  • Maine

  • Maryland

  • Massachusetts

  • Michigan

  • Minnesota

  • Mississippi

  • Missouri

  • Nebraska

  • Nevada

  • New Jersey

  • New Mexico

  • New York

  • North Carolina

  • North Dakota

  • Ohio

  • Oklahoma

  • Pennsylvania

  • Rhode Island

  • South Carolina

  • South Dakota

  • Tennessee

  • Texas

  • Utah

  • Vermont

  • Virginia

  • Washington

  • Washington D.C.

  • West Virginia

  • Wisconsin

  • Wyoming

The amount of tax charged on your order will depend on the type of item purchased and the destination of the shipment. Certain items may be exempt from sales tax, depending on state and local laws. The sales tax actually charged will be calculated when your order is shipped and will reflect applicable state and local taxes. Factors can sometimes change between the time you place an order and the time of credit card settlement, which could affect the calculation of sales tax. The sales tax amount applied to your order during the checkout process is our best estimate and may differ from the amount ultimately charged. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item, which can include shipping and handling fees.

Gift cards are not charged sales tax, but purchases paid for with gift cards may be subject to tax.

If you have questions about the tax applied to your purchase, please contact Charleston Costume's Customer Service.

Charleston Costumes Terms Of Use

Last Updated: April 10, 2021

These Terms of Use (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”), provided by Charleston Costume Design & Rental, LLC  and its subsidiaries (“Charleston Costumes” or “we”), including charlestoncostumes.net. By clicking to indicate your acceptance or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, you may not use our Services.

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (“Additional Terms”). For instance, your purchase and use of Charleston Costumes gift cards is subject to our gift card terms and conditions.  To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your access to or use of the applicable feature, product or service.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

1 Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.

2 User Accounts

You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

3 Terms of Sale

  1. Availability and Pricing.  All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice.  Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.  Purchases are also subject to our sale items policy.

  2. Taxes.  You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services.  We will collect applicable Taxes if we determine we have a duty to collect Taxes.  We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes.  The actual Taxes charged may be adjusted from the amount shown at checkout.  Several factors may cause this, such as variances between processor programs and changes in tax rates.   We are not required to, and do not, collect Taxes in all states.  You may have a duty to directly report and pay Taxes if we do not collect such Taxes.  Please refer to our tax policy for important sales and use tax information regarding tax you may owe directly on items shipped to Kentucky, Oklahoma, Vermont, and other jurisdictions.

  3. Payment.  Only valid payment methods acceptable to us may be used to complete a purchase via the Services.  You represent and warrant that you are authorized to use your designated payment method.  You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges).  If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.

  4. Shipping; Risk of Loss.  You agree to pay any shipping and handling charges shown at the time you make a purchase.  We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase.  Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed.  Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier. 

  5. Returns.  Please see our Return Policy for information about returning products purchased via our Services. 

  6. Errors.  In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

  7. Limited Warranty for Charleston Costumes Products.  Certain of the products sold via our Services are manufactured by or for Charleston Costumes (“Charleston Costumes Products”) and may be subject to a limited warranty provided by Charleston Costumes. If your Charleston Costumes Product is subject to a limited warranty, the limited warranty for your Charleston Costumes Product outlines your exclusive remedies and the procedures to make a warranty claim.   If your Charleston Costumes Product is sold without a limited warranty, then it is sold “as is” and “with all faults.” That means that you bear the entire risk as to the quality and performance of the Charleston Costumes product, and if the Charleston Costumes Product has a defect, then you assume the entire cost of any necessary repair or replacement.   

  8. Remedies for Other Products.  Many of the products sold via the Services are manufactured by other companies.  The manufacturer may offer its own warranty, but unless otherwise stated on the product page, Charleston Costumes does not offer a warranty on those products. That means they are sold by Charleston Costumes “as is” and “with all faults.”  If the manufacturer offers a limited warranty for the product, it can usually be found on the manufacturer’s website or with the product packaging.  For any product sold via the Services other than a Charleston Costumes Product, you agree that your remedy is solely with the product manufacturer and not Charleston Costumes. 

 

4 Limited License

Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to Charleston Costumes and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Charleston Costumes and our licensors reserve all rights in and to our Services. Charleston Costumes grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

 

5 User Content

Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Charleston Costumes, you retain all rights in and to your User Content.  You grant Charleston Costumes a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you.   Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.

 

6 Prohibited Conduct

You agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

  • Engage in any harassing, threatening, intimidating, spamming, predatory or stalking conduct;

  • Use or attempt to use another user’s account without authorization from that user;

  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;

  • Develop or use any applications that interact with our Services without our prior written consent;

  • Use any data mining, robots or other data gathering or extraction methods in connection with the Services;

  • Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services; or

  • Use our Services in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms.

 

7 Prohibited Content

You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading or fraudulent;

  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law;

  • Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

  • Impersonates, or misrepresents your affiliation with, any person or entity;

  • Fails to clearly and prominently disclose any material connections you may have with us or third parties (for instance, in connection with a product review);

  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;

  • Contains any private or personal information of a third party without that third party’s consent;

  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

  • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Charleston Costumes or others to any harm or liability of any type.

 

8 Hyperlinks

You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray Charleston Costumes or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited permission may be revoked at any time.  You will not use the Charleston Costumes logo or other proprietary graphic of Charleston Costumes to link to our Services without our express written permission.

 

9 Third-Party Content

Charleston Costumes may provide third-party content on our Services, including User Content, and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”).  Charleston Costumes does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Charleston Costumes does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content.  You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services.  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services are solely between you and such advertiser.  Access and use of such Third-Party Content, including the materials, products or services on or available through any third party sites, is solely at your own risk. 

 

10 Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Charleston Costumes or our products or Services (collectively, “Feedback”), is non-confidential and Charleston Costumes will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

11 Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Charleston Costumes’ Designated Agent as follows:  

Designated Agent:

Assistant General Counsel

Address:

Charleston Costumes
10 Philadelphia Alley

Charleston, SC 29401

 

Phone:

+1 (843)471-0592

1-843-471-0592

Email:

legal@CharlestonCostumes.net

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Charleston Costumes for certain costs and damages. 

 

12 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Charleston Costumes, our affiliates, and each of our and their respective officers, members, managers, directors, agents, partners and employees (individually and collectively, the “Charleston Costumes Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services, including your conduct in connection with our Services; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify Charleston Costumes Parties of any third-party Claims, cooperate with Charleston Costumes Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees).  You also agree that the Charleston Costumes Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the Charleston Costumes Parties.

13 Disclaimers

We do not control, endorse or take responsibility for any Third-Party Content available via our Services. Your use of our Services is at your sole risk.  Except as otherwise provided in these Terms (including any limited warranty applicable to a Charleston Costumes Product), our Services and the products purchased via our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except that if Charleston Costumes provides an express limited warranty for a Charleston Costumes Product, the implied warranties are limited to the term of that limited warranty. In addition, Charleston Costumes does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Charleston Costumes attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, you assume the entire risk as to the quality and performance of the Services and the products you purchase via the Services.

14 Limitation of Liability

  1. The Charleston Costumes Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages arising out of or in any way related to these Terms or our Services (including the products purchased via our Services), even if Charleston Costumes or the other Charleston Costumes Parties have been advised of the possibility of such damages.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  2. The total liability of the Charleston Costumes Parties for any claim arising out of or relating to any product purchased via the Services will not exceed the greater of $100 or the purchase price of that product.  For all other claims arising out of or relating to these Terms or our Services, the total liability of Charleston Costumes Parties is limited to $100. 

  3. The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by a product you purchased via the Services or the gross negligence, fraud, or intentional, willful, or reckless misconduct of the Charleston Costumes Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

15 Release

To the fullest extent permitted by applicable law, you release the Charleston Costumes Parties from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

16 Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Charleston Costumes and limits the manner in which you can seek relief from us.

  1. Except as specified in Section 16(f) below, you and Charleston Costumes waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. The arbitration will be held in the county in which you reside, provided that if the claim is for $25,000 or less, either you or Charleston Costumes may choose to conduct the arbitration through a telephonic hearing. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. 

  2. You and Charleston Costumes agree that any dispute arising out of or related to these Terms or our Services is personal to you and Charleston Costumes and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

  3. To the maximum extent permitted by applicable law, you and Charleston Costumes agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA").   As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Charleston Costumes agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs.  You and Charleston Costumes agree that the state or federal courts of the State of South Carolina and the United States sitting in Charleston County, South Carolina have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

  4. Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Charleston Costumes will not have the right to assert the claim.

  5. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by emailing legal@charlestoncostumes.net. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.

  6. This Section 16 will not apply to (i) small claims disputes in which you or Charleston Costumes may seek to bring an individual action in small claims court located in the county of your billing address or (ii) disputes in which you or Charleston Costumes seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property. 

 

17 Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of South Carolina, without regard to conflict of law rules or principles (whether of South Carolina or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of South Carolina and the United States, respectively, sitting in Charleston County, South Carolina. 

 

18 Export Compliance

All or part of our Services or the products purchased via our Services may be subject to U.S. export control, customs or economic sanctions laws (“Export Controls”).  You agree to comply with all Export Controls as they relate to your receipt and use of our Services and the products purchased via our Services. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. 

 

19 Government Users

This section applies only if you are acting on or behalf of an agency of the U.S. government.  If acquired by any agency of the U.S. government, such agency acknowledges that: (a) any software obtained in connection with the Services (such as our mobile apps) constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency's rights are limited to those specifically granted under these Terms.

 

20 Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

 

21 Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and any applicable Additional Terms constitute the entire agreement between you and Charleston Costumes relating to your access to and use of our Services. The failure of Charleston Costumes to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.  You agree that communications and transactions between us may be conducted electronically.

 

22 Changes to Terms

We may make changes to these Terms from time to time.  If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services. 

 

23 Contact

If you have any questions or concerns regarding the Services or these Terms, please contact Charleston Costumes at: Charleston Costumes, LLC, Attn: Legal Department, 10 Philadelphia Alley, Charleston, SC 29401 or legal@charlestoncostumes.net

 

Additional Terms for iOS Users

The following terms apply if you are accessing or using one of our mobile applications (collectively, “App”) on an Apple Inc. (“Apple”) branded mobile device.

  1. Acknowledgement.  The Terms are concluded between Charleston Costumes and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.

  2. Scope of License. The license granted to you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.

  3. Maintenance.  Charleston Costumes is not obligated to provide any support or maintenance services for the App, provided that we are solely responsible for such services to the extent required under applicable law.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

  4. Warranty.  To the extent not effectively disclaimed under Section 13 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 13, you may notify Apple, and Apple will refund the purchase price for the App (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

  5. Liability.  Subject to Section 14 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation.

  6. IP Claims.  Subject to Section 14 of the Terms, in the event of any third-party claim that the App or your possession or use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  7. Third Party Beneficiaries.  Apple and its subsidiaries are third-party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Invoice Terms & Conditions 

 

1. Receipt of services and/or processed Goods from Charleston Costume Design & Rental (Charleston Costumes) constitutes acceptance of these Terms & Conditions 

2. All payments are due within thirty (30) days of invoice date. A one percent (1 %) discount may be taken if payments are received by Charleston Costumes within three (3) days of invoice date (i.e. 1% 3 net 30). See bottom of invoice for the terms set for your company 

3. Any invoice amounts remaining unpaid beyond thirty (30) days of invoice date are subject to a late penalty charge of 5% interest per month, or the maximum rate allowed by law, whichever is less. 

4. Claims for lost and/or damaged Goods must be filed with Charleston Costumes within five (5) days of receipt and are limited to the dollar amount charged for processing as indicated on subsequent invoice(s). 

5. Customer is responsible for all costs incurred by Charleston Costumes for the collection of invoices including- but not limited to- reasonable attorney charges, collection agency costs and all court costs or related fees. 

6. Customer’s Goods on Charleston Costumes’ premises may be considered chattel to be used as partial or full payment for past due invoices (over 30 days) owed by Customer. 

7. Any discrepancies relating to this invoice must be reported to Charleston Costumes’ Billing Department within five (5) working days of invoice date. 

8. All payments to invoices must be made with reference to invoice number to ensure proper account credit. 

9. Charleston Costumes will release credit information to interested parties upon written request. 

 
Charleston Costumes
Privacy Policy

Last Updated: April 13, 2021

This Privacy Policy explains how information about you is collected, used and disclosed by Charleston Costume Design & Rental, LLC and its subsidiaries (Charleston Costumes or we). This Privacy Policy applies to information we collect across our brands when you use our websites, mobile apps, retail stores, and other online products and services (collectively, the Services), including the Services we provide for Charleston Costumes, and our other brands (like Aubergine Bridal, Salt Marsh Outfitters, and Zanza Events), and when you otherwise interact with us. This policy does not apply to products or services with separate privacy policies that do not incorporate this Privacy Policy.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy regularly to stay informed about our information practices and the choices available to you.

For information about the choices we offer in connection with our information practices, please see Your Choices below.

If you are a California resident, please see the section titled "California Privacy Rights" below.

 

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you create an account, update your profile, post a review, participate in any interactive features of the Services, fill out a form or survey, join and participate in a loyalty program, participate in a contest or promotion, make a purchase, communicate with us via third party social media sites, request customer support or otherwise communicate with us. The types of information we may collect about you include your name, password, email address, social media user names and handles, postal address, phone number, birthday, gender, interests, preferences, photos, product reviews, fit information, payment information and any other information you choose to provide.

 

Information We Collect Automatically When You Use the Services

When you use our Services, we automatically collect certain information, including:

  • Transaction Information: We collect information in connection with each transaction you engage in or consider via the Services, including product details, purchase price and other transaction details.

  • Log Information: We collect log information in connection with your use of the Services, including the type of browser you use, access times, pages viewed, product interactions, your IP address and the page you visited before navigating to our Services.

  • Device Information: We collect information about the mobile device you use to access our mobile apps, including the hardware model, operating system and version, unique device identifiers and mobile network information.

  • Location Information: We may collect precise location of your mobile device via our mobile apps in accordance with the permission process established by your mobile device operating system. We may also collect the approximate location of your device based the devices IP address.

  • Stored Information: We may access information you have stored on your mobile device via our mobile apps in accordance with the permission process established by your mobile device operating system. For example, with your permission, we may access photos or videos from your mobile device photo gallery.

  • Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information from the computer or device you use to access our Services, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. One of the technologies we use in our Services is Google Analytics. For more information about how Google processes information in connection with Google Analytics, please see https://policies.google.com/privacy.

 

Information We Collect From Other Sources

We may also obtain information from other sources. For example, we may collect information about you from other sites that sell our products, from other users, such as individuals who send you a gift through our Services, from social networks in accordance with their authorization procedures and from third party providers that tie together multiple data points to gain additional information to create a unified customer view.

 

Information We Infer

We may derive information or draw inferences about you based on information we collect about you. For example, based on your browsing or purchases, we may infer your gender, your interest in certain activities or brands, or information about your purchasing activities over time.

Use of Information

We use information about you as follows:

  • Provide, maintain and improve our Services;

  • Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;

  • Send you technical notices, updates, security alerts and support and administrative messages;

  • Respond to your comments, questions and requests and provide customer service;

  • Communicate with you about products, services, offers, promotions, rewards, and events and other news and information we think will be of interest to you;

  • Monitor and analyze trends, usage and activities in connection with our Services;

  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Charleston Costumes and others;

  • Personalize and improve your experience on our Services;

  • Personalize the advertisements you see on third-party platforms and websites (for more information, see Advertising and Analytics Services Provided by Others below);

  • Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;

  • Link or combine with other information we collect about you; and.

  • Carry out any other purpose described to you at the time the information is collected.

Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With third parties with whom we sponsor events if you consent to such disclosure;

  • When you participate in interactive features on our Services, information about you may be displayed publicly on our Services and on other sites or online services, including your photos, videos, posts, product feedback and other information you choose to provide;

  • With vendors, consultants, marketing partners, and other third party providers who need access to such information in connection with services they perform for us and who are subject to contractual obligations regarding their use of the information;

  • We share name and contact information with third-party providers of print catalog services who may use this information for their own commercial purposes. You may contact us at legal@charlestoncostumes.net if you would like to opt out of Charleston Costumes sharing your information with these providers;

  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process

  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Charleston Costumes or others;

  • In connection with, or during negotiations of, any merger, sale of Charleston Costumes assets, financing or acquisition of all or a portion of our business by another company; and

  • With your consent or at your direction.

We may also share aggregated or de-identified information that cannot reasonably be used to identify you.

 

Third-Party Features

The Services may offer third-party social sharing features and other integrated tools (such as the Facebook Like button), which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

For orders placed on some of our Services, we may offer third-party payment and financing options. For example, if you select Paypal as your payment method, you will provide information directly to Paypal and you also direct Charleston Costumes to share certain contact and order information with Paypal to enable your use of their service to pay for your order. The information Paypal receives is subject to their Privacy Policy.

 

Security

We use reasonable security measures designed to protect information about you from loss, misuse and unauthorized access, disclosure, alteration and destruction.

 

Advertising and Analytics Services Provided by Others

We allow others to provide analytics services and serve you advertisements on our behalf. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and apps. The information collected includes your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by Charleston Costumes and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and apps, and better understand your online activity. You may opt out of cookie-based data sharing with ad targeting providers by following the instructions via this link: "Do Not Sell My Personal Information". You can also learn more about interest-based ads and opt out of having your web browsing information used for behavioral advertising purposes at www.aboutads.info/choices. In addition, your device may include a feature that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.

We may also work with other websites or platforms (such as Facebook) to serve ads to you as part of a customized campaign. Please refer to the settings of those other websites or platforms for information about any choices they offer in connection with the delivery of interest-based ads.

 

Transfer of Information to the U.S. and Other Countries

Charleston Costumes is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.

 

Your Choices

Account Information

You may update the online account information you provide to us by logging into your online account. You will need to change any account information you provide, including communication preferences, for each brand.

 

Location Information

If you initially consent to our collection of precise location information via any of our mobile apps, you should be able to stop the collection of this information by changing the preferences for those apps on your mobile device. If you do so, you may be prevented from using certain features of our mobile apps. You may also stop our collection of precise location information via our mobile apps by following the standard uninstall process to remove all of our mobile apps from your device.

 

Revoking Other Mobile App Permissions

Your mobile device operating system may provide you with the ability to discontinue our access to the information described in the Stored Information section of this policy via our mobile apps. You may also stop our collection of this information by following the standard uninstall process to remove all of our mobile apps from your mobile device.

Cookies

You may opt out of cookie-based data sharing with ad targeting providers by following the instructions via this link: "Do Not Sell My Personal Information". In addition, most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

 

Promotional Emails

You may opt out of receiving promotional emails from each of our brands (like Charleston Costumes, Aubergine Bridal, Saltmarsh Outfitters, and Zanza Events) by following the instructions in emails from each brand or by changing the preferences through your online account with each brand. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

 

Promotional Calls and Texts

With your consent, you may receive promotional calls or text messages from us. You may opt out of receiving these communications by letting us know during one of those calls, or by responding with the word STOP to one of these text messages or following other opt-out instructions provided in those messages. If you have consented to promotional calls or texts, you may also be able to adjust your communications preferences for calls or texts through your online account with the Charleston Costumes, Aubergine Bridal, Saltmarsh Outfitters, and Zanza Events.

 

Direct Mail

You may receive catalogs and other print mail pieces from our Brands. You may opt out of receiving direct mail marketing by adjusting your communication preferences with the Brand that sent the direct mail communication or by emailing us at legal@charlestoncostumes.net

 

Mobile Push Notifications

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these notifications at any time by changing the notification settings on your mobile device.

 

California Privacy Rights

The California Consumer Privacy Act or CCPA and the Shine the Light law afford consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.

CCPA

In the last 12 months, we collected the following categories of personal information: identifiers (such as name and contact information), characteristics of protected classifications (such as age and gender), commercial information (such as products purchased), internet or other electronic network activity information (such as browsing behavior), geolocation data (such as if permitted for collection via one of our mobile apps), audio, electronic, visual or similar information (such as profile pictures or customer support call information), and inferences we make (such as preferred activities). For more details about the personal information we collect, including the categories of sources, please see the Collection of Information section above. We collect this information for the business and commercial purposes described in the Use of Information section above.

In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:

Categories of personal information we collect Parties with whom information may be shared

Identifiers (such as name and contact information)

  • Financing and payment processors and services providers

  • Characteristics of protected classifications (such as age and gender)Order and fulfillment services providers

  • Commercial information (such as products purchased)Customer support services providers

  • Internet or other electronic network activity information (such as browsing behavior)Events services providers

  • Geolocation data (such as if permitted for collection via one of our mobile apps)Customer feedback services providers

  • Audio, electronic, visual or similar information (such as profile pictures or customer support call information)Data analytics providers

  • Inferences (such as preferred activities)Cloud storage providers

  • Software development services providers

  • Fraud prevention services providers

  • Identity verification services providers

  • Marketing services providers

  • Personalization and user experience partners

  • Advertising partners

  • Developers of mobile apps you use

  • Third parties when compelled by law, such as to law enforcement or other governmental authorities

California law requires that we provide transparency about scenarios in which Charleston Costumes sells personal information, which, for purposes of the CCPA, includes sharing personal information with third parties in exchange for valuable consideration. We do not sell your personal information for money. Instead, like many retailers, we sell personal information to certain third parties to market and advertise our products to you and to curate and grow our catalog audience.

In the preceding 12 months, we have sold identifiers (such as your email address, postal address and other online identifiers) with advertising networks and print catalog marketing partners, and electronic network activity information (such as browsing behavior) to advertising networks.

You have the right to opt out of these sales at any time by visiting our Do Not Sell My Personal Information webpage. We do not knowingly sell personal information about consumers under the age of 16.

Subject to certain limitations and exceptions, the CCPA also provides California consumers the right to request (1) to know more details about the categories or specific pieces of personal information we collect, use, disclose and sell, (2) to request deletion of their personal information, and (3) to not be discriminated against for exercising these rights.

California consumers may make a rights request by contacting us at legal@charlestoncostumes.net, or by calling us at 1-843-471-0592. We will verify your request by asking you to provide information related to your recent interactions with us, such as information about a recent purchase.

If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please email us at legal@charlestoncostumes.net

We offer various financial incentives. For example, we provide discounts and other benefits to members of our loyalty programs and we may offer you a discount if you sign up for our email newsletters or participate in some surveys we offer. When you participate in a financial incentive, we collect personal information from you, such as identifiers like your name and email address and commercial information like your purchasing habits. You may opt into a financial incentive by following the instructions provided at sign-up, and you may opt-out of the incentive at any time by emailing legal@charlestoncostumes.net. In some cases, additional terms and conditions may govern a financial incentive program, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the discount or benefit presented to you.

 

Shine the Light

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Under the law, a business must either provide this information or permit California residents to opt in to, or opt out of, this type of sharing. Charleston Costumes qualifies for this alternative option. If you would like to opt out of such sharing, please contact us here (please note Do Not Sell My Information as the right you would like to exercise).

 

Contact Us

If you have any questions about this Privacy Policy, please contact us at: 10 Philadelphia Alley, Charleston, SC 29485, legal@charlestoncostumes.net, or 1-843-471-0592

 
Shipping Policy

Estimated Shipping Timelines

Orders placed before 3pm MST will generally ship the same day. Orders placed over the weekend or on recognized holidays will generally ship the next business day.

For standard shipping, orders will typically arrive 4-6 business days from the date of shipment.

For economy shipping, orders will typically arrive 5-10 business days from the date of shipment.

Delivery arrival times are estimates only and may change based on order volume or other circumstances, like weather-related delays. If we encounter any unexpected delays in shipping, we’ll contact you via email.

Next Day Air orders must be placed by 12:00 MST in order to guarantee same day shipment and next day delivery.

 

Free Shipping Offers

If your order exceeds a certain amount, as periodically advertised on our sites, you may qualify for free shipping. For example, we may offer free shipping on orders over $50. Free shipping offers are applied to the order total after any promotions or credits are applied. If this option is available, you will see it advertised on our sites and the available free shipping method will be pre-selected at checkout for your convenience.

 

Exclusions from Estimated Shipping Timelines and Free Shipping Offers

Estimated Shipping Timelines and Free Shipping Offers do not apply to:

  • Products shipping to Alaska, Hawaii, U.S. territories, and international orders

  • PO boxes & APO addresses

  • Pre-orders or back orders

  • Items that must be sent by ground or freight because they are oversized, hazardous, or flammable as identified on the product page. (Examples include mascot costumes, large decor pieces, special effects equipment, and furniture.)

 

Shipping Restrictions by Location

We can’t ship certain products into some locations because of local regulatory restrictions or restrictions from our Brand partners. If these restrictions apply to your order, you will see a pop-up on the product page stating the reason for the restriction and the location to which it applies. A product will not appear in your cart at checkout if we cannot ship it to your designated shipping address.

 

Shipping Restrictions by Delivery Method

Certain hazardous or flammable products, like those containing lithium batteries or compressed air, can only be shipped via ground delivery. If the type of shipping is restricted on a product you’ve added to your cart, you will see a pop-up on the product page stating the restriction.

Certain oversized items can only be shipped via freight. Oversized items include mascot costumes, large decor pieces, special effects equipment, and furniture. For products with these restrictions, only available shipping options will surface at checkout.

 

International Shipping

We can sell and ship some goods internationally, depending on the destination and product. 

Unfortunately, we can’t ship to Switzerland or states in the EU or EEA. If you’re based in Europe, please contact us first to determine shipping availability.

You can also obtain a list of brands that prohibit us from shipping their products outside of the U.S. by contacting us.

We use multiple shipping partners to ship internationally, and USPS as a shipping option to Canada only. For all international shipments, your order will be subject to applicable customs, tariffs, duties, and any required taxes.

Still have questions? Contact one of our team members on Live Chat or by calling 1-843-471-0592.

 
Charleston Costumes Gift Cards Terms & Conditions

Last Updated: 04/13/2021

By purchasing or using a gift certificate or gift card (including electronic gift codes) (“Gift Certificate”) issued by Charleston Costume Design & Rental LLC (“Charleston Costumes”), you agree to these terms and conditions (“Gift Certificate Terms”). Gift Certificates are redeemable for eligible purchases only on the mobile apps and websites of charlestoncostumes.net (“Services”). To redeem a Gift Certificate, you must create or have an existing and valid account to access our Services.

These Gift Certificate Terms supplement and are part of the Charleston Costumes Terms of Use, which apply to any use of the Services. Any disputes arising from these Gift Certificate Terms, including any purchase or use of Gift Certificates, will be subject to the limitations of liability, governing law and dispute resolution procedures specified in the Terms of Use (including the class action waiver and mandatory arbitration terms.)

Gift Certificates are not refundable (whether for cash or otherwise) and cannot be redeemed for cash, except to the extent required by applicable law. Gift Certificates cannot be used to purchase other Gift Certificates, and cannot be reloaded, resold, or transferred for value. For combinations with other offers, restrictions may apply. Gift Certificates do not expire and are not subject to any transaction or dormancy fees. We reserve the right to cancel a purchased Gift Certificate if we suspect that it has been obtained or used unlawfully or otherwise in violation of these Gift Certificate Terms or the Terms of Use.

Title to the Gift Certificates and the risk of loss, destruction or deterioration pass to the purchaser upon purchase. Charleston Costumes is not responsible for any Gift Certificates that are lost, stolen, destroyed or used without your permission. IN THE EVENT A GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE.

Gift Certificates may not be used in connection with any marketing, advertising or other promotional activities without Charleston Costume’s prior written approval. Use of Charleston Costume’s name, logo, trade dress or trademarks in connection with the purchase or use of the Gift Certificates is strictly prohibited. Furthermore, the use of Gift Certificates in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Charleston Costumes is prohibited without Charleston Costume's prior written approval.

Gift Certificates are issued by Charleston Costume Design & Rental LLC, a South Carolina limited liability company. The laws of the State of South Carolina, without regard to principles of conflict of laws, will govern these Gift Certificate Terms. If there is a conflict between these Gift Certificate Terms and our Terms of Use, these Gift Certificate Terms will control only to the extent of the conflict. If any provision or part of a provision of these Gift Certificate Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Gift Certificate Terms and does not affect the validity and enforceability of any remaining provisions.

Charleston Costumes may modify these Gift Certificate Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Gift Certificate Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and will apply to any use or purchase of Gift Certificates on or after the Last Updated date.

 
Charleston Costume Design & Rental, LLC

Limited Warranty

Charleston Costume Design & Rental, LLC and its subsidiaries (“Charleston Costumes” or “we” or “us”) warrant that the product manufactured by or for us (“Product”) is free from defects in materials and workmanship under normal use for the warranty period specified below. The Products are warranted only to the original purchaser of a Product manufactured by or for us that is purchased directly from our websites, applications, or other online products and services, including charlestoncostumes.net, or our authorized reseller. Any disputes relating to this limited warranty or a Product will be resolved through the mandatory arbitration provision and class action waiver below.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Warranty Period

The warranty period for your Product is specified in the Product description page where you purchased your Product, and begins on the date of purchase.

Exclusive Remedy

We will in our sole discretion and to the extent permitted by law either repair your Product using new or refurbished parts, replace your Product with a new or refurbished product which is functionally equivalent to the original Product, or accept the return of the Product in exchange for a refund of the purchase price you paid for the Product. If we repair or replace the Product, the repaired or replaced Product will continue to be warranted for the remaining time of the original warranty period. All returned parts for which you have received a replacement will become the property of Charleston Costumes.

Warranty Limitations and Exclusions

This limited warranty is only valid and enforceable in locations the Product is sold and will apply only if you purchased your Product from us or our authorized resellers. This limited warranty does not cover damage caused by accident, improper care, negligence, disassembly, alteration, normal wear and tear (including natural breakdown of colors and materials over time or through use), alterations, or servicing other than by our authorized technicians. Please note, this warranty is void if the inside garment tags are removed on articles of clothing.

THE LIMITED WARRANTY WRITTEN ABOVE IS THE ONLY EXPRESS WARRANTY WE PROVIDE, AND THE ABOVE REMEDY IS YOUR SOLE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, ARISING FROM COURSE OF CONDUCT OR OTHERWISE, REGARDING THE PRODUCTS, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD OF THE EXPRESS WARRANTY ABOVE.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations on the duration of the implied warranties may not apply to you.

Obtaining Warranty Service

To begin a warranty claim, you must contact us at 1 (843)471-0592 to return the product for examination and review by our customer service experts.

Limitation of Damages

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHARLESTON COSTUMES AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “CHARLESTON COSTUMES PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT, BREACH OR FAILURE OF ANY WARRANTY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCTS OR THESE LIMITED WARRANTY TERMS, WHETHER A CHARLESTON COSTUMES PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHARLESTON COSTUMES PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS LIMITED WARRANTY WILL NOT EXCEED THE PRICE YOU PAID FOR THE PRODUCT.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Charleston Costumes and limits the manner in which you can seek relief from us.

  • Except as specified in Section (f) below, you and Charleston Costumes waive your rights to a jury trial and to have any dispute arising out of or related to this limited warranty or our Products resolved in court. Instead, all disputes arising out of or relating to these limited warranty terms or our Products will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. The arbitration will be held in the county in which you reside, provided that if the claim is for $25,000 or less, either you or Charleston Costumes may choose to conduct the arbitration through a telephonic hearing. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

  • You and Charleston Costumes agree that any dispute arising out of or related to these limited warranty terms or our Products is personal to you and Charleston Costumes and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

  • To the maximum extent permitted by applicable law, you and Charleston Costumes agree that these limited warranty terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”). As limited by the FAA, these limited warranty terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these limited warranty terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Charleston Costumes agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and Charleston Costumes agree that the state or federal courts of the State of South Carolina and the United States sitting in Charleston County, South Carolina have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

  • Any claim arising out of or related to these limited warranty terms or our Products must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Charleston Costumes will not have the right to assert the claim.

  • You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by emailing legal@charlestoncostumes.net. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law & Venue section below.

  • This section will not apply to (i) small claims disputes in which you or Charleston Costumes may seek to bring an individual action in small claims court located in the county of your billing address or (ii) disputes in which you or Charleston Costumes seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property.

Governing Law & Venue

The laws of the state of South Carolina shall govern this limited warranty. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of South Carolina and the United States, respectively, sitting in Charleston County, South Carolina. Your purchase of any Product is also subject to our Terms of Use.

Questions

If you have any questions, please contact us at: info@charlestoncostumes.net