This page (together with the documents referred to in it) tells you information about us and the legal terms and conditions ("Terms") on which we supply any Goods and Services ("Goods and Services") listed on our website ("our site") to you.
Please read these Terms carefully and make sure that you understand them, before ordering any Goods and Services from our site. Please note that by ordering any of our Goods and Services, you agree to be bound by these Terms and the other documents expressly referred to in it.
If you refuse to accept these Terms, you will not be able to order any Goods or Services from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order the Goods or Services, please check these Terms to ensure you understand the terms which will apply at that time.
1.1 We operate the website?www.belle-lingerie.co.uk. We are Belle Lingerie Ltd, a company registered in England and Wales under company number 05588293 and with our registered office at Belle Lingerie, Scandinavia Court, Chain Bar Road, Cleckheaton, West Yorkshire, United Kingdom BD19 3QW.
1.2?To contact us, please see our contact us?page.
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
3 How we use your personal information
4.1?These Terms and any document expressly referred to in them constitute the entire agreement between you and us (the “Contract”). You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
4.2?Where you are a consumer, you have legal rights in relation to goods and Services that are not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5 How the Contract is formed between you and us
5.1?Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2?After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3?We will confirm our acceptance to you by sending you an e-mail ("Order Confirmation"). The Contract between us will only be formed when we send you the Order Confirmation.
5.4?If we are unable to supply you with the Goods or Service ordered, for example because of an error in the price on our site as referred to in clause 10.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods or Service, we will refund you the full amount as soon as possible.
6 Our right to vary these terms
6.1?We may revise these Terms from time to time, including in the following circumstances:
6.1.1?changes in how we accept payment from you; and
6.1.2?changes in relevant laws and regulatory requirements.
6.2?Every time you order Goods or Services from us, the Terms in force at that time will apply to the Contract between you and us.
7 Providing Goods and Services
7.1?We will supply the Goods and Services to you from the date set out in the Order Confirmation until the completion date set out in the Order Confirmation. Where no completion date is specified, we will supply the Goods or Services until the Contract is terminated in accordance with the Terms.
7.2?We will need certain information from you that is necessary for us to provide the Goods and Services, for example, name, address, contact details.
8 Your right to cancel contract
If you decide to cancel your order (contract) with Belle Lingerie Limited under the Consumer Contracts Regulations 2013, you have certain legal rights. For most products bought online you have a legal right to change your mind within 14 days of receiving the goods. You will then receive a refund for the item(s) subject to our standard terms and conditions. You will be responsible for the cost of the returned item(s)
8.1 Unwanted goods must be returned in a resalable condition and any tags must be intact. Extra care must be taken when trying on clothing, please ensure that you are not wearing any make up, fragrance or deodorant that may leave a scent or mark.
8.2 Belle Lingerie reserve the right to refuse a refund if goods are not returned in a saleable condition or are damaged in any way.
8.3 If you want to end the contract tell us by either telephone or email. Call our customer service team on 0844 818 2005 or email us at?[email protected]. Please provide your name, address, details of the order and, where available, your phone number and email address.
8.4 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.
8.5?If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the Goods or materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9 Our right to cancel contract
9.1 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:
9.2 We do not receive payment when it is due; or
You do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
If the item is no longer available.
This does not affect your statutory rights.
10 Intellectual Property Rights
10.1?For the purpose of this Contract, "Intellectual Property Rights" shall mean all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications for and renewals or extensions of such rights.
10.2?You retain all Intellectual Property Rights in the software and materials that you provide to us and you grant us a licence to such Intellectual Property Rights to the extent required for us to perform our obligations pursuant to this Contract.
10.3?All Intellectual Property Rights in any works arising in connection with the performance of the Services or sale of Goods by us (the "Works") shall be our property.
11 Price of Goods and how to pay
11.1?The prices of for the Goods will be as quoted on our site from time to time.
11.2?Prices for our Goods may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
11.3?The price of the goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
11.4?You can pay for the Goods using a debit or credit card, PayPal, Amazon Pay or Bank Transfer. We accept the following cards: Visa, MasterCard, American Express.
11.4.1 You can also pay using a Cheque or Postal Order made payable to “Belle Lingerie” and sent to the following address: Accounts Department, Belle Lingerie Limited, Scandinavia Court, Chain Bar Road, Cleckheaton, West Yorkshire, BD19 3QW, United Kingdom.
11.4.2 Please allow 7 working days for your cheque to clear before goods are despatched.
11.6?Payment for the Goods is in advance, as specified in the Order Confirmation. We will not charge your debit card or credit card until we send you an Order Confirmation.
12.1?Either party (the "Non-defaulting Party") shall be able to terminate this Contract immediately in the event that the other:
12.1.1?commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within 28 (twenty eight) days of request from the Non-defaulting Party for remedy by serving written notice; or
12.1.2?is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it, is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, enters into any arrangement for the benefit of or other compounds with its creditors generally or ceases or threatens to cease carrying on its business, or (being an individual) is the subject of a bankruptcy petition or order, or any equivalent processes in any jurisdiction.
12.2?Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party.
12.3?An account may be terminated with immediate effect if abusive behaviour is directed at staff.
13 Our liability if you are a business
This clause 13 only applies if you are a business customer.
13.1?Nothing in these Terms limit or exclude our liability for:
13.1.1?death or personal injury caused by our negligence;
13.1.2?fraud or fraudulent misrepresentation; or
13.1.3?any other area where it would be unlawful or invalid to seek to exclude liability.
13.2?Subject to clause 13.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.2.1?any loss of profits, sales, business, or revenue;
13.2.2?loss or corruption of data, information or software;
13.2.3?loss of business opportunity;
13.2.4?loss of anticipated savings;
13.2.5?loss of goodwill; or
13.2.6?any indirect or consequential loss.
13.3?Subject to clause 13.1 and clause 13.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods or Services.
13.4?Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that the Goods or Services are suitable for your purposes.
14 Our liability if you are a consumer
This clause 14 only applies if you are a consumer.
14.1?Nothing in these Terms limit or exclude our liability for:
14.1.1?death or personal injury caused by our negligence;
14.1.2?fraud or fraudulent misrepresentation; or
14.1.3?any other area where it would be unlawful or invalid to seek to exclude liability.
14.2?If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but subject to clause 15.1 above, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.3?We only supply the Goods and Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and subject to clause 15.1 below, we have no liability to you for any
14.3.1?loss of profits, sales, business, or revenue;
14.3.2?loss or corruption of data, information or software;
14.3.3?loss of business opportunity;
14.3.4?loss of anticipated savings; or
14.4?Subject to the foregoing, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods or Services.
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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
15.2?An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
15.3?If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1?we will contact you as soon as reasonably possible to notify you; and
15.3.2?our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
16 Communications between us
16.1?When we refer, in these Terms, to "in writing", this will include e-mail.
16.2?If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Belle Lingerie Limited at [email protected].co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.
16.3?If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16.4?If you are a business, please note that any notice given by you to us, or by us to you, will 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 Goods or 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.
17.1?In this clause 17, “Personal Data” has the meaning given in the GDPR (General Data Protection Regulations 2018.)
17.2?We warrant that, to the extent that we process any Personal Data on your behalf:
17.2.1?we shall act only on instructions from you; and
17.2.2?we have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
18.1?This Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
18.2?Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Neither you nor we shall have any claim for innocent or negligent misrepresentation based upon any statement in this Contract.
18.3?You may not assign or transfer any of your rights or obligations under this Contract, in whole or in part, without our prior written consent.
18.4?A person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
18.5?If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.
18.6?If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
18.7?If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.8?These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
18.9?The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
18.10?Telephone calls may be recorded for training purposes.