1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Bravissimo Limited a company registered in England and Wales. Our company registration number is 03315389 and our registered office is at Imperial Court, Holly Walk, Leamington Spa, Warwickshire, CV32 4YB, UK. Our registered sales tax number is 653135453.
2.2 How to contact us. You can contact us by calling our customer service team at +1 877 826 3857 or by writing to us at email@example.com. You can also speak to a member of our customer service team via our online live chat facility. Our customer service team is available Monday to Friday 7am-5pm EST and Saturday and Sunday 7am-2pm EST.
2.3 You may also find our FAQs helpful. These are available here.
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the products. As such, your product may vary slightly from those images.
YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to exchange a product you have ordered, you can:
5.1.1 speak to a member of our Customer Service Team at +1 877 826 3857 or email us at firstname.lastname@example.org; or
5.1.2 request to make an exchange order by contacting our Customer Service Team at +1 877 826 3857 or emailing us at email@example.com.
5.2 We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, delivery times (or pick up, if Click & Pick Up is chosen) or anything else which would be necessary as a result of your requested exchange. If you confirm that you wish to go ahead with the exchange, we will deliver your exchanged item (or make it available for pick up if you chose Click & Pick Up) once we have received the product you are returning.
5.3 If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 8 - Your rights to end the contract).
OUR RIGHTS TO MAKE CHANGES
6.1 We may make changes to these terms or the product (for example, to reflect changes in relevant laws and regulatory requirements), but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery can be found here.
7.2 Where we deliver. A list of the countries that we deliver to can be found here. We also deliver to British Forces Post Office (BFPO) addresses (although please check that you are allowed to send the products to a BFPO address as some products are restricted or prohibited).
7.3 When we will provide the products. During the order process we will let you know the estimated delivery date (or pick up date, if you have chosen Click & Pick Up) for the product. Our estimated delivery date will be based upon delivery to a UK address or Bravissimo shop. We cannot estimate or guarantee delivery dates to non-UK addresses.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 Click & Collect collection times. If you have asked to pick up the products from us, you can pick them up from the Bravissimo shop chosen during the order process at any time during that shop’s opening times. Our shop opening hours are available on our website.
7.6 If you are not at home when the product is delivered. Our packages are delivered by Royal Mail. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, Royal Mail will leave you a note informing you of how to rearrange delivery or pick up the products from a local depot. If, after a failed delivery to you, you do not re-arrange delivery or pick up the package from a delivery depot, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or pickup, we may end the contract.
7.7 If you do not pick up your order from us. If you chose Click & Collect during the order process and you do not pick up the products from us within 10 days of our email to you to tell you your order is in store, we will post the product to you at the billing address we have registered for you and we will charge you a delivery cost of ¢5. If, despite our reasonable efforts, we are unable to arrange delivery, we may end the contract.
7.8 When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us or you pick it up it from us (or someone else picks it up from us on your behalf).
7.9 When you own the products. You will own the products once we have received payment in full.
7.10 More information about delivery can be found here.
YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is defective or incorrectly described, you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see paragraph 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 8.2; and
8.1.3 If you have just changed your mind about the product, see paragraph 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at paragraphs 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see paragraph 6.1);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
8.2.4 we have done something wrong (including if we have delivered late).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 The Bravissimo Guarantee. Please note, these terms reflect the goodwill guarantee offered by us to our UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to defective or misdescribed products (see paragraph 11.2):
|Right under the Consumer Contracts Regulations 2013||The Bravissimo Guarantee|
|14 day period to change your mind.||28 day period to change your mind.|
|You pay costs of return.||We pay the costs of return (for UK customers only).|
14 day period to change your mind. 28 day period to change your mind.
You pay costs of return. We pay the costs of return (for UK customers only).
8.5 When you don't have the right to change your mind. You do not have a right to change your mind with respect of:
8.5.1 Buying a Spanx product, once the packaging has been unsealed after you receive them; and
8.5.2 products sealed for health protection or hygiene purposes (including briefs and swimwear), once these have been unsealed after you receive them;
8.6 How long do I have to change my mind? You have 28 days after the day you (or someone you nominate) receive the products, unless your products are split into several deliveries over different days. In this case you have until 28 days after the day you (or someone you nominate) receive the last delivery to change your mind about the products.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services at +1 877 826 3857 or email us at firstname.lastname@example.org. Please provide your name, address, details of the order and, where available, your phone number and email address. You may use the model cancelation form below, but it is not obligatory.
9.1.2 By post. If you have already received the products, use the freepost label included in your order or print off the form available here and post the products to be returned to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. You may use the model cancelation form below, but it is not obligatory.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Bravissimo Limited, Imperial Court, Holly Walk, Leamington Spa, Warwickshire, CV32 4YB, UK
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods/for the supply of the following service,
Ordered on/received on,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
*Delete as appropriate
© Crown copyright 2013.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind you must return the products to us within 14 days of telling us you have changed your mind and wish to end the contract. You can either return the products:
9.2.1 in person to the shop where you picked them up;
9.2.2 if you are returning the products from within the UK, post them back to us using the freepost label included in your order or print off the form available here; or
9.2.3 if you are returning the products from outside the UK, mark your package as clearly as possible “RETURNED GOODS” and post them to Bravissimo, Unit 7-8 Spa Park, Juno Drive, Leamington Spa, Warwickshire, CV31 3AJ, United Kingdom via a delivery services that does not require a signature upon receipt.
9.3 When we will pay the costs of return. We will pay the costs of returns from addresses within the UK:
9.3.1 if the products are faulty or misdescribed;
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or
because you have a legal right to do so as a result of something we have done wrong; or 9.3.3 if you are exercising your right to change your mind.
9.4 In all other circumstances you must pay the costs of return, including where the return is sent from an address outside the UK.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered by UK Next Day Delivery, then we will only refund what you would have paid for UK Standard Delivery.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see paragraph 9.2.
OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 we do not receive payment when it is due; or
10.1.2 you do not, within a reasonable time, allow us to deliver the products to you or pick them up from us.
IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 011 44 1926 459859 or email us at email@example.com. Alternatively, please speak to one of our staff in-store.
11.2 Summary of your legal rights We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information visit www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
• up to 30 days: if your products are defective, then you can get an immediate refund.
• up to six months: if your products can’t be repaired or replaced, then you're entitled to a full refund, in most cases.
• up to six years: if your products do not last a reasonable length of time, you may be entitled to some money back.
See also paragraph 8.3.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products because they are faulty you must either return them:
11.3.1 in person to the shop where you picked them up;
11.3.2 if you are returning the products from within the UK, post them back to us using the freepost label included in your order or print off the form available here; or
11.3.3 if you are returning the products from outside the UK, mark your package as clearly as possible “RETURNED GOODS” and post them to Bravissimo, Unit 7-8 Spa Park, Juno Drive, Leamington Spa, Warwickshire, CV31 3AJ, United Kingdom via a delivery services that does not require a signature upon receipt.
11.4 If you are returning the products from within the UK, we will pay the costs of postage.
11.5 More information about returns and exchanges can be found here.
PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes sales tax) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of sales tax. If the rate of sales tax changes between your order date and the date we supply the product, we will adjust the rate of sales tax that you pay, unless you have already paid for the product in full before the change in the rate of sales tax takes effect.
12.3 What happens if we have given an incorrect price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.4 When you must pay and how you must pay. We accept payment with Visa, MasterCard, Visa Debit, Maestro, Electron and American Express cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarized at paragraph 11.2; and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
14.1.1 to supply the products to you;
14.1.2 to process your payment for the products; and
14.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
15.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee) You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at paragraph 8.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in paragraph 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.