Refunds/Cancellations/Seasonal production time frames
By completing a purchase with Dark Creations ATX, you acknowledge, understand, and agree to all Terms & Conditions, production timelines, and policies outlined on this website and within individual product listings if applicable.
Under no circumstances does Dark Creations ATX offer refunds, returns, exchanges, chargebacks, or cancellations of any kind, once an order has been placed.
All products are custom-built, made-to-order, or produced in limited runs. Upon receipt of sizing information or order confirmation, materials are allocated and production begins. Many materials, garments, and components are sourced specifically for each order and are not stock items. For this reason, all sales are final.
Production timelines are estimates only and may vary based on workload, season, complexity, and availability of materials. Delays or variations in production time do not constitute grounds for cancellation, refund, or dispute.
Failure to review production timelines, seasonal wait times, or policy information prior to ordering does not exempt the customer from these terms.
*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 retains full ownership of all intellectual property, including but not limited to copyrights, trademarks (registered and common-law), trade dress, costume designs, mask designs, prop designs, character concepts, fabrication methods, materials, imagery, and visual representations displayed on our website, social media platforms, marketing materials, or otherwise associated with the Dark Creations ATX brand.
All Dark Creations ATX catalog designs, original characters, visual branding elements, and overall presentation are protected under applicable United States and international intellectual property laws, whether registered or unregistered.
All designs—whether custom-built, made-to-order, Ready-to-Ship, one-off, or catalog-based—remain the exclusive intellectual property of Dark Creations ATX.
Dark Creations ATX reserves the unrestricted right, at any time and without limitation, to photograph, film, replicate, reproduce, modify, display, model, promote, advertise, publish, archive, and otherwise use any of its designs for marketing, promotional, portfolio, archival, or commercial purposes.
Purchase of a product does not transfer ownership, licensing rights, exclusivity, or intellectual property rights to the customer, unless expressly agreed to in writing by Dark Creations ATX.
Unauthorized reproduction, duplication, resale, distribution, or creation of derivative works based on Dark Creations ATX designs is strictly prohibited.
