Terms & Conditions
Information
www.brace-yourself.co.uk is a website operated by Brace-Yourself Premium Sports & Orthopaedic Bracing Limited. We are a limited company registered in England and Wales. Our company number is 13226749 and our trading address is Unit 7, Evans Business Centre, Orion Way, North Shields, NE29 7SN. Our VAT number is 461 5042 18.
Service Availability
Our website is purely for the use of UK residents. As such, we only accept orders with a UK delivery address.
Your Status
When placing an order through our website you are confirming that:
· You are legally capable of entering into a binding contract
· You are a UK resident
How the Contract is Formed between you and us
After placing your order, you will receive an email from us to acknowledge receipt of the order. At this stage we have not accepted your order. Acceptance of your order will only be confirmed when we send you an email to inform that the product has been despatched. This despatch confirmation forms the contract between us.
This contract only relates to the products covered in our despatch confirmation to you.
Your Consumer Rights
You may cancel your contract with us at any point up to 7 working days beginning on the day you received your Product/s. You will then receive a full refund of the price paid for the Product, excluding the cost of sending the product to you. You will also be responsible for the cost of returning the product to us.
If you wish to cancel your contract, you will need to inform us in writing. You should also then immediately return the product to us, in the same condition in which you received it, at your own risk and cost. You are legally obliged to take reasonable care of the product whilst it is in your possession. Should you fail to comply with this obligation, we may have a right of action for compensation against you. This provision however does not affect your statutory rights.
Availability and Delivery
We would expect to fulfil delivery of your order within 5 working days. However, in exceptional circumstances we reserve the right to fulfil your order at any point up to 30 working days from confirmation of despatch.
Risk and Title
Once delivered, the product will be at your risk.
Ownership of the product only passes to you once we have received full payment for the product and any related delivery charges.
Price and Payment
The price of a product is as quoted on our website at the time of purchase, as prices may change from time to time.
The price includes VAT.
Payment for all products must be made by credit card, debit card or an independent third-party route such as PayPal. Our website clearly states which cards we accept payment through.
Colour Variation Disclaimer
We aim to offer our customers exactly what is ordered, but due to certain conditions, there may be variations from what you see on our website and what you see in person. The fabric colors you see on our website can vary in person due to the color variations of each photograph and each device screen. Multiple factors can affect color display, none of which we have any control of.
Refund Policy
When you return a product to us:
· Because you cancelled the contract between us within the 7 working day cooling off period as seen in the Your Consumer Rights section above, we will process the refund in a timely manner and within 30 days of the date from which you gave notice to cancel. We will refund through the original payment method for the full price of the product, excluding the cost of sending the item to you. You will also be responsible for the cost of returning the item to us.
Our Liability
We warrant to you that any product purchased from us through this website is of a satisfactory quality and fit for the purpose for which it is intended.
Our liability for any loss you suffer as a result of us breaking this agreement are limited to the purchase price of your product.
Written Communications
Applicable laws require that some of the information or communications we send you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email. For the purposes of our contract, you agree to this electronic means of communication and acknowledge that all information, notices, contracts 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.
Notices
All notices given by you to us must be given by email to orders@brace-yourself.co.uk or to Brace-Yourself Premium Sports & Orthopaedic Bracing Limited, at Unit 7, Evans Business Centre, Orion Way, North Shields NE29 7SN. We may give notice to you at either the email or postal address you provide us with when placing an order, or in any of the ways detailed in the section above, Written Communications. Notice will be deemed received and properly served immediately 24 hours after an email is sent, or 3 days after the posting of a letter. In proving the service of any notice, it will be sufficient to prove in the case of a letter that it was properly addressed, stamped and placed in the post and, in the case of an email that it was sent to the specified email address of the addressee.
Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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.
Events Outside of Our Control
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).
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:
· Strikes, lock-outs or other industrial action.
· 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.
· Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
· Impossibility of the use of public or private telecommunications networks.
· The acts, decrees, legislation, regulations or restrictions of any government.
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.
Waiver
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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
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 the section Notices above.
Severability
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.
Entire Agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
We each acknowledge that, in entering into a contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (representation) of any person (whether a party to that contract or not) other than as expressly set out in these terms and conditions.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a representation shall be for breach of contract as provided in these terms and conditions.
Nothing in this clause shall limit or exclude any liability for fraud.
Our Right to Vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time.
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 despatch 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 7 working days of receipt by you of the product).
Law and Jurisdiction
Contracts for the purchase of products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Ordering Information
Ordering Advice
Within each product description you will find a measuring chart to assist in appropriate size selection. Our experienced Customer Service Team are also available to answer product queries, should further guidance be required to complete an online purchase.
Please call 0800 368 8964 or
Email orders@brace-yourself.co.uk
Monday to Friday 9.00am – 5.00pm.
Ordering Process
Once you have placed an order through our website, you will receive a confirmation email of your purchase and your method of payment will be debited.
Delivery
Your order will be processed within 1 working day and delivery should take place a further 3 – 4 working days after that. In the unlikely event that an item should be out of stock, we will contact you within 3 working days to advise you of the expected delivery date. If this is unsuitable, we will be more than happy to discuss an alternative with you.
Returns Policy
Authorisation must be issued by Brace-Yourself prior to any product being returned, please contact our Customer Service Team for a returns reference number and ensure a clear explanation is provided. Products accepted for return must be in a resalable condition and in the original packaging.
It is your responsibility as the customer to cover any delivery cost for the returning an item to Brace-Yourself. Brace-Yourself are not liable to refund this cost, so any refund given will therefore be at the discretion of Brace-Yourself.
Hygiene notice:
For health and hygiene reasons, we cannot accept returns of pillows that have been opened or used, unless they are faulty.
Incorrect Item Delivered
On receipt of the product, you the customer are requested to check the consignment. In the unlikely event that the type or quantity of products is incorrect, you are required to notify our Customer Service Team within 7 working days from the date of delivery. After 7 working days Brace-Yourself cannot accept responsibility for an alleged incorrect delivery.
Cancellation Rights
Customers have the right to cancel an order within 7 days of placing it under the distance selling regulations 2000. Product/s received prior or subsequently to a cancellation must be returned in accordance with our returns policy above.
