Belovely Designs Terms & Conditions

1.0     IN GENERAL

Welcome to our Website.  Set out below are the terms and conditions which govern Belovely Designs’ relationship with you in regard to this Website.  Please read these terms carefully.  By accessing, browsing or registering as a customer with this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, as may be updated by us from time to time.  You should check this page regularly to note of any changes we may have made to our Terms and Conditions.  If you do not agree to these Terms and Conditions in their entirety, you should not use this Website.

Belovely Designs is a trading name of Largess International Limited (“the Company”).  This page provides information about the legal terms and conditions that apply to your use of the Belovely Designs Website and any product or service you order from us.

These Website terms and conditions ("Website Terms") apply to your use of the Belovely Website at the domain www.belovelydesigns.co.uk and other domain names designated by the Company from time to time (the "Website").

The term 'Belovely Designs' or ‘Belovely’ or ‘the Company’ or 'us' or 'we' refers to the owner of the Website which is the Company whose registered office is Belovely Designs, 73 Little Sutton Lane, Sutton Coldfield, B75 6SJ.  The Company is registered in England and Wales and its registration number is 06416868. The term 'you' or ‘your’ refers to the user or viewer of our Website.

1.1     The use of this Website is subject to the following terms of use:

• The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
• This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look and appearance of and all graphics on the Website. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this Website which are not the property of, or licensed to, the operator will be acknowledged on the Website.
• Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this Website may also include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website(s). We have no responsibility for the content of the linked Website(s).
• You may not create a link to this Website from another Website or document without Belovely Designs’ prior written consent.
• Any contract entered into as part of this Website is not transferable.
• Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales.

 2.0     PROHIBITIONS

You must not use this Website to:  

• disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
• commit or encourage a criminal offence;
• transmit material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
• transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful or in breach of confidence;
• interfere with any other person’s use or enjoyment of the Belovely Designs Website, including sending unsolicited advertising or promotional material, commonly known as spam;
• hack into any aspect of the Website, corrupt data or attempt to affect the performance, functionality of any computer facilities of or accessed through this website; or
• make, transmit or store electronic copies of materials protected by copyright without the permission of the owner.

You will be responsible for our losses and costs resulting from your breach of these provisions and/or any other harmful acts in relation to the Website.

3.0     PRIVACY POLICY   

Our Privacy Policy, which sets out how we will use your information, can be found by clicking here or via the Privacy Policy link located at the bottom of our Website homepage.  By using this Website you consent to the processing described in our Policy and confirm that all data provided by you is accurate. 

4.0    REGISTRATION

Belovely reserves the right to close accounts if any user is found to be using proxy (IP) Internet Protocol addresses in order to try and hide the use of multiple accounts or disrupts any of our services in any way.

5.0     TERMS OF SALE

5.1     Delivery Policy

Our Delivery Policy, which sets out how we will deliver goods you order from us, can be found by clicking here and via the Customer Services section of our Website homepage.  Our Delivery Policy should be read in conjunction with these Terms and Conditions

5.2       Returns and Exchange Policy

Our Returns and Exchange Policy, which sets out how we will handle returns and exchanges for goods you order from us, can be found by clicking here and via the Customer Services section of our Website homepage.  Our Returns and Exchange Policy should be read in conjunction with these Terms and Conditions.

5.3       Acceptance of Order

Completion of the online checkout process constitutes an offer to buy from us and does not constitute our acceptance of your order. Our acceptance of your order will take place only when we despatch the product(s) you ordered from us. When you submit an order via our Website you will immediately receive a confirmatory e-mail as an acknowledgment of your order. This e-mail does not constitute acceptance of the order by us. Acceptance of your order and the formation of the contract between you and us will take place when we despatch the goods to you.

Despatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure, for which we will not be responsible.  Please refer to our Delivery Terms under Customer Services on the Website home page.

In order to contract with Belovely Designs you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.  Belovely reserves the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. Goods will not be despatched until a pre-authorisation check has been completed.  Your card will be debited once the order has been accepted. All products that you order through the Website will remain the property of the Company until we have received payment in full.

When placing an order you undertake that all details you provide to us are a true and accurate record, that you are the authorised user of the credit or debit card used to place the order and that there are sufficient funds to cover the cost of the goods. 

5.4       Prices and Descriptions

Our prices are displayed in pounds sterling, unless expressly indicated otherwise.  All prices advertised may be subject to changes. The website price for your ordered goods  will be confirmed to you by email in an Order Notification.  In the unlikely event that the price shown on your Order Notification is higher than the price displayed on the Website at the time you place your order, you may cancel the order and return the goods within the terms of our Returns Policy which is included in the Customer Services Section of our Website home page.

We take reasonable precautions to ensure that all prices and descriptions on our Website are accurate. When ordering products through our Website, please note that if we discover a material error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details and offer you the opportunity to either re-confirm or cancel your order. If we are unable to contact you, we will treat the order as cancelled. If you cancel and the goods have already been paid for, you will receive a full refund. 

We will try to display the colour of our products accurately on the Website. Actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.  Some of our products are patterned.  It is not possible to always guarantee that the pattern repeat of the product on delivery will be showing in exactly the same position as the one on the Website.

5.5       Discount Codes

We may from time to time offer promotional discount codes which may apply in respect of any, or specified, purchases made through this Website. Only one discount code per transaction will apply.

5.6       Product Availability

All products are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available. If we cannot supply you with the product you have ordered, we will not process your order and inform you of this in writing (normally e-mail).  If you have already paid for the product or service and do not wish to reconfirm your order we will refund you in full as soon as reasonably possible.

5.7       Eligibility for Vat Relief

Our prices vary according to whether you qualify for Value Added Tax (VAT) relief on our specialist clothing and mastectomy breast form products and whether the items themselves qualify for VAT relief.

5.7.1   Specialist Clothing and Breast Forms for Mastectomy Customers

There is no VAT charged on any of our specialist clothing and mastectomy breast forms items that are zero rated for VAT purposes. When you order qualifying items it is on the basis that they are supplied to you as an individual for your own use after having breast surgery due to breast cancer.

The Company will take reasonable steps to ensure that our customers are eligible to receive goods at the zero rate. We do this by requesting that you accept an electronic eligibility declaration during the ordering and checkout process. Before accepting the electronic declaration, you must refer to HMRC VAT notice 701/7 which is also available to view by clicking here. You will not be able to purchase goods that qualify for VAT relief without accepting the declaration during the website checkout process. We will send you a copy of the eligibility declaration that you submit with your order confirmation. We will provide your declaration to HMRC or any other body that may reasonably request it. If the Company has reason to believe that a false declaration is being made, we reserve the right not to supply the goods at the zero rate.

5.7.2   Specialist Clothing and Breast Forms for Non-Mastectomy Customers

If you are not eligible for VAT relief on our mastectomy items you must not request VAT relief when setting up your customer account.  If you accept VAT relief in error, you must change the VAT relief setting in your customer record prior to ordering any mastectomy items. Provided you have not requested VAT relief, you will not be required to submit a VAT relief eligibility declaration.

5.7.3  Other Items that are VAT Standard Rated

We charge VAT at the standard rate on all items that are not specialist clothing e.g. shrugs, jewellery and handbags. The price of these goods are shown as VAT inclusive. If you qualify for a VAT concession, you will still have to pay VAT at the standard rate on these items.

5.7.4   VAT and Postage

Postage is part of our supply contract and the VAT treatment of postage will follow the supply of goods made to you.  

6.0     OTHER WEBSITE TERMS AND CONDITIONS

6.1     Password/Account Security

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. The Company shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

6.2     Ownership of Rights

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to the Company.

If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in user generated content that you submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

6.3     Accuracy of Content

To the extent permitted by applicable law, the Company disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, and up-to-date and/or does not infringe the rights of any third party.

The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of the Company.

6.4     Damage to Your Computer or Other Device

The Company uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any Website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, the Company shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

6.5     Exclusions of Liability

Save as specifically otherwise provided in these Website Terms, we exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss however caused arising out of or in connection with these Website Terms or your use of the Website. Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the relevant product you ordered from us.

Except to the extent required by applicable law, the Company shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.

We will not be liable to you where we breach these General Terms and Conditions due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials; labour, fuel, parts or machinery; power failure or breakdown in machinery.

These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

6.6     Third Party Rights

Only you and Largess International Limited (trading as Belovely Designs) shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

6.7     Entire Agreement

These Website Terms (including, where applicable, any additional terms and conditions set out in the Website) set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

6.8     Law, Jurisdiction and Language

Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.

6.9     Changes to These Website Terms

We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.  These Website terms are dated 21 June 2010.