TERMS AND CONDITIONS

 

These terms and conditions govern your use of this website; by using this website, you agree to accept these terms and conditions in full.If you disagree with these terms and conditions or any part of these terms and conditions, you should not access this website. BODYBOUND Ltd. may update these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of publication. You should check this page occasionally to ensure you are familiar and happy with the current version.   

 

Use of our website

BODYBOUNDstudio.com (the “Website”/”site”) is part of BODYBOUND Ltd. (BODYBOUND/”we”/”us”/”our”), registered in England & Wales under company No. 07951890

BODYBOUND Ltd. registered office address is 9 Lanark Road, London, W9 1DD

BODYBOUND’s total liability for any claim, however it arises, will not exceed the price of the goods supplied by us to the customer, together with any postage costs incurred. BODYBOUND will not be liable for any resulting customer loss, whether this arises from a breach of duty in contract or in any other way. BODYBOUND cannot accept any liability for a failure to comply with specific instructions stated in a catalogue or on the website. This statement does not affect customers’ statutory rights.

You can contact BODYBOUND Ltd. by email to info@bodybound.net if you have any queries about our terms and conditions.

 

Contract Information

You agree that all purchases made through bodyboundstudio.com, and all goods ordered by you are for your own private and domestic use only and are not for resale.

You must be 18 years old or older. If you are under 18 years of age, you must only use this site with the agreement of, or under the supervision of, a parent or legal guardian. If you do not qualify, please do not use this site.

You agree to provide true, current, complete and accurate purchase and account information to us for all orders made through bodyboundstudio.com, in order that we may complete your transactions, fulfil your order, and contact as you as required. The credit or debit card information you are using must be your own and there must be sufficient funds available to cover payment of the goods or services.

 

Username and Passwords

During the registration process you may be asked to select a username and password.

You must ensure that your username and password are kept confidential at all times. You will be responsible for all actions taken under that username and password and must only purchase from bodyboundstudio.com under your own username and password.

You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If you think someone else might know your username or password, you must change it.

 

Fraud

You will not use a false name or a known invalid credit card to order. This is a crime, and anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law.

 

Our right to end our Agreement with you

BODYBOUND may disable your username and password and suspend access to the site at BODYBOUND’s sole discretion without notice or explanation.

BODYBOUND reserves the right to refuse service to anyone for any reason at any time without notice. This includes, but is not limited to:

If you breach of the terms and conditions set out herein

If you fail to make a make a payment to us when due

If you use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website;

or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without BODYBOUND’s express written consent.

 

Your responsibilities

You agree that if you break these Conditions, or if any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that BODYBOUND or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable).

You will remain liable if someone else uses your username, account and/or personal information unless you can prove that such use was fraudulent.

 

Ordering, Delivery and Payment

Ordering

When placing an order, you agree that any and all information given is accurate and complete.

All orders are subject to acceptance and product availability. Availability information for products is listed on each individual product description.

All prices listed on bodyboundstudio.com are correct at the time of entering the information, but we reserve the right to change prices of any product at any time, and without notice. All prices for purchases in the UK and European Union include sales tax.

No contract for the sale of any product will exist between you and bodyboundstudio.com until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.

A confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P where applicable) and usual delivery times. You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.

We reserve the right refuse any order, or to limit the sales of our products or services to any person, geographical region or jurisdiction.

We reserve the right to limit or cancel quantities purchased per person, household or per order and that appear to be placed by resellers, dealers or distributors.

If your order has been changed or has not been accepted, we may attempt to notify you by email or telephone provided by you at the time of order, telling you the reasons why.

 

Delivery

The delivery period is stated in the email that you will receive once your order is dispatched. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.

If your delivery address is outside the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance.

Please note customs policies vary widely from country to country. We recommend you contact your local customs office for further information. Please note international shipments may be subject to cross-border inspections by customs authorities.

In the event that your order does not arrive within the approximate delivery period stated we would do our best to assist in tracking your order. In the event of non-delivery of your order we are unable to process a replacement order until 21 business days following the original shipment date.

 

Payments

bodyboundstudio.com accepts most major credit/debit cards.

All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

 

Cancellation, Returns and exchanges

Cancellation

If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 DSRs, you have the right to cancel your order with us, provided you give us written notice any time after your order has been placed, up until 14 working days from the day after you received your order. 

If you haven’t submitted an order, you may clear a product in your shopping basket at any time by clicking the ‘Remove’ button next to it.

If you have submitted your order and received a confirmation email from bodyboundstudio.com, you can still cancel your order as long as it is on the same day you placed the order. Please email your cancellation marked ‘URGENT CANCELLATION’ to the Customer Service team and list your name, address, product ordered and order code on the email.

If you wish to cancel your order after the day you placed your order, you will need to wait until you receive the product and then follow our Returns procedure. You’ll find more information about this in our Delivery and Returns page.

Once we’ve heard from you that you wish to cancel an order, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order, provided the goods you return are in the same condition that they were in when delivered to you. You will be liable for any charges incurred when returning the goods to bodyboundstudio.com, unless the return is as a result of an error on our side.

Due to the high volume of orders during Sale periods, it may not be possible for us to make amendments to your purchases once they have been ordered.

All items must be returned unused, in their original condition and from the country that the order was delivered to. 

 

Returns

You may return items sold through bodyboundstudio.com within 14 days from the date of delivery for a full refund, providing that the original tags remains attached to the garment and the item is in the same condition.

For more information, please see our Delivery and Returns page. 

 

Exchanges

We are happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped, through any circumstance that is in our error within 14 days from the date of delivery and if the item is in stock. For more information, please see our Delivery and Returns page.

 

Privacy

BODYBOUND will not pass on your personal, credit or debit card details to any third party without your permission.

We will never ask for personal details via email. If you receive an unsolicited email asking you for your bodyboundstudio.com login details, please contact us immediately.

For more information, see our Privacy statement.

 

Copyright

Unless otherwise stated BODYBOUND Ltd., own all rights including the intellectual property rights in the website and material on the website. This includes without limitation the text, artwork, images, audio-visual material published on the website. Subject to the license below, all these intellectual property rights are reserved.

In accessing the website you agree that you may view, download for caching purposes only, the content of the website for your own personal and non-commercial use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You are not permitted to:

Re-publish material from this website

Sell, rent or sub-license material from the website;

Show any material from the website in public;

Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose

Edit or otherwise modify any material on the website

Redistribute material from this website, except for content specifically and expressly made available for redistribution

The website as a whole is protected by copyright, trademark, intellectual property and other applicable laws. All worldwide rights are reserved.

 

Limitations of Liability

Errors

We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services including shipping charges, and availability at any time and without notice.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on bodyboundstudio.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.

 

Damaged, defective or incorrect goods

In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.

 

Images

We have made every effort to provide accurate product images for each product for sale on bodyboundstudio.com. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc., we cannot be held responsible or liable for any differences in colour between the image and the actual product.

 

Website

We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

You expressly agree that your use of, or inability to use, the website is at your own risk.

 

Delays

We will have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

 

Warranties

This website is provided “as is” without any representations or warranties, express or implied.  BODYBOUND makes no representations or warranties in relation to this website or the information and materials provided on this website. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

 

Losses

We will not be liable to you, whether under the law of contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) 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

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)

Any loss of contracts or business relationships of goodwill or reputation

Any loss or corruption of information or data

Any replacement costs, or any similar damages

Any special, indirect or consequential losses suffered or incurred by that party arising out of your use of any of the products or services procured using this service, or in connection with the provisions of any matter under the Conditions.

 

Third party claims

The products sold on bodyboundstudio.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the site or for any products or services purchased from bodyboundstudio.com.

 

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 BODYBOUND’s liability in respect of any:

Death or personal injury caused by BODYBOUND’s negligence;

Fraud or fraudulent misrepresentation on the part of BODYBOUND’s or

Matter which it would be illegal or unlawful for BODYBOUND’s 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.

 

Third Party Information

Links to third-party websites may exist on this website.

We cannot be held liable for material displayed on third party websites, or for any harm or damages related to the purchase or use of goods, services, resources, content, or any transactions made in connection with third-party websites.

We highly recommend that you familiarise yourself with the terms and conditions of any third-party websites before you engage in any transactions.

The only prices that apply for BODYBOUND products and services are those stated on bodyboundstudio.com, or on other official BODYBOUND material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.

 

Other parties

You accept that, as a limited liability entity, BODYBOUND has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against BODYBOUND’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 BODYBOUND’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BODYBOUND.

 

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deems appropriate to deal with the breach, including suspending your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Indemnity

You hereby indemnify BODYBOUND and undertake to keep BODYBOUND’s indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BODYBOUND to a third party in settlement of a claim or dispute on the advice of BODYBOUND’s legal advisers) incurred or suffered by BODYBOUND arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Severability & Unenforceable Provisions

If a provision of these terms and conditions is, or is found to be, by any court or other competent authority to be unlawful and/or unenforceable under applicable law, that will not affect the enforceability of the other provisions and these will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions constitute the entire agreement between you and BODYBOUND Ltd. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause will limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of England and Wales, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.