Body Silk Website Terms and Conditions of Supply
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to create an account, or order any Products from our site.
1. INFORMATION ABOUT US
Body Silk Ltd is registered in England and Wales under Company Number 07146754. Our main trading address is 8 Lovat Lane, London EC3R 8DT, UK. Our VAT number is 103939127.
2. YOUR STATUS
By placing an order through our site, you warrant that: (a) You
are legally capable of entering into binding contracts; and (b) You are at least 18 years old.
3. PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 You will be guided through the process of placing an order by a series of simple instructions on our site. You will have
the opportunity to review your proposed order and confirm or
correct it prior to finally placing your order.
3.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your
order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and our acceptance of your order and completion of the contract between us will take place only
when we have dispatched the Product to you.
3.3 The Contract will relate only to those Products which we dispatch. No Contract will exist in respect of any other Products which may have been part of your order until the dispatch of such Products to you.
4. RETURNS POLICY
4.1 If you are contracting as a consumer, you have a statutory right to 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). In addition to your statutory rights because we want you to be pleased with the Products you have purchased we offer a 30 day right to Cancel a contract provided that the Products are returned to us unopened within 30 days of
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, unopened in the same condition in which you received them. The cost of returning any Products to us shall be at your expense and risk unless the Products are damaged or faulty. 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.
4.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
• Gift vouchers • Products which have been opened or which we reasonably believe have been used
. 4.4 We strongly recommend that Products be return to us by a recorded delivery service as we cannot accept liability for Products lost in transit.
4.5 This policy is only applicable to Products purchased online. We are unable to process returns for purchases made within a partnered retail location.
4.6 Your statutory rights remain unaffected.
5. PRODUCT DESCRIPTIONS
We take all reasonable care to ensure that the details, description and images of Products appearing on our site are correct at the time when the relevant information was entered onto the system. However, to the extent permissible by applicable law, we do not warrant that the product descriptions, colours or other content available on our site is accurate, complete, reliable, current or error free. Although we try to keep our site as up to date as possible, information, which appears on the site including Product descriptions, may not always reflect the Product exactly at the time you place an order.
6. AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation,
unless there are exceptional circumstances.
6.2 Please note, your country may require you to pay an import
charge for your products. Bodysilk.co.uk is not liable for these charges. We would advise you check this before placing your order.
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.
7.3 Upon receipt you must inspect the Products. You will be deemed to have accepted the Products unless you notify us that you have cancelled the order and/or you return the Products in accordance with the Returns Policy set out at clause 4. If no such action is taken by you, we shall not be obliged to accept any rejection of the Products at a later date. Your statutory rights are not affected.
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 our Shipping
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 a
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.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by
you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We will charge your credit or debit card on receipt of your order.
9. OUR REFUNDS POLICY
9.1 When you return a Product to us: (a) because you have
cancelled the Contract between us within the seven-day or 30-day cooling-off period (see clause 4.1 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.
(b) for any other reason (for instance, because you have notified us in accordance with clause 19.2 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and in the case of a defective Product or a Product you have had a reaction to will contact you to discuss the reaction and will notify you of our decision in respect of a 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 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
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the roduct 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.
10.3 This does not include or limit in any way our liability: (a)
For death or personal injury caused by our negligence; (b) Under
section 2(3) of the Consumer Protection Act 1987; (c) For fraud
or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including
negligence), breach of contract or otherwise.
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
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.
be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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 a 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: (a)
Strikes, lock-outs or other industrial action.
(b) Civil commotion,
riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic
or other natural disaster. (d) Impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or
private transport. (e) Impossibility of the use of public or private
telecommunications networks. (f) 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.
16.1 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
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
19.1 We have the right to revise and amend these terms and
conditions from time to time by posting the changes on our site.
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 Dispatch 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 J URISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive
jurisdiction of the courts of England and Wales.