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Terms and Conditions of Sale (before 6/5/2021)

NO.1 BRA LONDON LIMITED

Our terms

  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions on which we supply our products to you.
    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 a contract for the purchase of our products, what to do if there is a problem and other important information. If any of the terms are unclear to you please contact our customer services (details below) for further clarification.
    3. By visiting our site and/ or purchasing products from us, you agree to be bound by these terms and conditions of sale, including those additional terms and conditions and policies referenced herein and/or available by hyperlink in our site. These terms and conditions of sale apply to all users of the site.
    4. By using our site you confirm that you are at least 18 years of age.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are NO. 1 BRA LONDON LIMITED a limited company registered in England and Wales. Our company registration number is 11087822 and our registered office is at Handel House, 95 High Street, Edgware, England, HA8 7DB. Our registered VAT number is 294 2192 88.
    2. How to contact us. You can contact us by writing to our customer service team at customerservices@no1bra.com or No.1 Bra, York House, 5 Place Farm, Wheathampstead, Herts AL4 8SB.
    3. 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.
    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU
    1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it and confirm that your order has been made, at which point a contract will come into existence between you and us.
    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/s. This might be because a product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your online payment has been unsuccessful, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    3. Your order number. We will assign an order number to your order and advise you of the order number when we accept your order. It will help us if you can quote the order number whenever you contact us about your order.
    4. We only sell to the UK, Hong Kong, Dubai, US, Australia, New Zealand and China. Our website is solely for the promotion of our products in the UK, Hong Kong, Dubai, US, Australia, New Zealand and China. Unfortunately, we do not currently accept orders from or deliver to addresses outside these countries. We reserve the right to update and change the countries that we sell our products on our website to from time to time.
  4. OUR PRODUCTS
    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 colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
    3. [Making sure your measurements are accurate. You are responsible for ensuring that the size of the product you order has the correct measurements for your requirements. You can find information and tips on how to measure on our website and we would recommend that you use our Easy Guide to Measure Process which is included on our website.
  5. YOUR RIGHTS (“Your Rights”)
    1. Under English law you have certain rights as a consumer. These include:
      1. that the products purchased from us are of satisfactory quality, fit for their purpose and will conform to any description given on this site;
      2. certain remedies if a product is defective;
      3. a right (subject to the provisions of clause 9 below) to cancel any order for a product within 14 days of the day the product is delivered to you whereupon you will receive a full refund even if the product is not defective.
  6. YOUR RIGHTS TO MAKE CHANGES
    1. Unfortunately, in order to ensure that your products are delivered to you as soon as possible, customers cannot cancel their order or change their delivery address once an order has been despatched.
    2. If you wish to change your order, please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any applicable changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
    3. If we cannot make the change or the consequences of making the change are unacceptable to you this does not affect your right to return the product and to receive a refund (see clause 9 below).
  7. OUR RIGHTS TO MAKE CHANGES
    1. Minor changes to the products. We may change a product:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements.
  8. DELIVERY OF GOODS AND PROVIDING THE PRODUCTS
    1. Delivery costs. The costs of delivery will be as displayed to you on our website before you commit to purchase a product.
    2. Delivery service to UK. The delivery services for our products will be provided by FedEx and are intended where possible to be Next Day Delivery for purchases to be delivered to customers in the UK (unless it is otherwise specified).
    3. Subject always to the provisions of clause 8.6 below Next Day Delivery means that:
      1. if an order is placed before 1pm on Monday to Friday and we confirm acceptance of the order before 1pm the product(s) will be delivered the next day after our acceptance of the order;
      2. if an order is placed after 1pm on a Monday to Thursday (and we confirm acceptance of the order) the product(s) will be delivered two days after our acceptance of the order;
      3. if an order is made after 1pm on a Friday or on a Saturday or Sunday (and we confirm acceptance of the order) we cannot guarantee that the product(s) will be delivered prior to Tuesday of the next week.
    4. Delivery service outside UK. For the delivery of products to customer outside the UK the product will also be sent by FedEx but we cannot be certain that Next Day Delivery will be achieved. International deliveries are likely to take an additional 2-3 days to be delivered.
    5. Delivery times appearing on the site are estimates and are to be used as a guide. We are not responsible for any delays caused including but not limited to any delay by destination customs clearance processes.
    6. During the order process you will be required to provide a contact number so that you may be sent updates or re-arrange delivery of your order with your FedEx delivery driver.
    7. 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 reasonable steps to minimise the effect of the delay. We will not be liable for delays caused by any events outside our control, but if there is a risk of substantial delay you may cancel your order and receive a refund for any products you have paid for but not received.
    8. If you are not at home when the product is delivered. FedEx parcels must be signed for on receipt unless you have made alternative arrangements with FedEx to leave parcels in another location for example to leave your parcels with a neighbour. If no one is available at your address to take delivery and the products, we will leave you a note informing you of our delivery attempt and how to rearrange delivery or collect the products from a local depot.
    9. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and arrange for the products to be returned to our warehouse and a refund will then be processed to you for your order less any, delivery, storage and collection costs incurred by us (as applicable).
    10. When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.
    11. When you own goods. You own a product ordered from us from the later of (a) when we have received payment in full for such order, or (b) we deliver the product to you.
    12. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your email address to confirm your order and a contact number that can be provided to the delivery service. This information will be requested at the time of placing your order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may cancel your order. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    13. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements;
      3. if we are out of stock for that product.
    14. Your rights if we suspend the supply of products. If we have to suspend the supply of products we will notify you as soon as practicable and will adjust the price of your order so that you do not pay for any products while they are suspended. If we are unable to supply the suspended product within 30 days of your order being made we will refund any sums you have paid for the suspended product and you will be able to reorder the suspended product when the same becomes available.
  9. RETURNS AND REFUNDS
    1. Subject to the provisions set out below you can return the products to us and receive a refund. Your rights to return the products to us and receive a refund will depend on what you have bought, whether there is anything wrong with it and how we are performing.
    2. Cancelling an order prior to despatch because of something we have done or are going to do. If you are cancelling an order prior to its despatch for a reason set out at (a) to (d) below the contract will be cancelled immediately and we will refund you in full for any products which have not been provided. The reasons are:
      1. we have told you about an upcoming change to a product or these terms which you do not agree to;
      2. we have told you about an error in the price or description of a product you have ordered, and you do not wish to proceed;
      3. there is a risk that supply of a product may be significantly delayed because of events outside our control; or
      4. we have suspended supply of a product for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 day.
    3. Exercising your right to change your mind and receive a refund (Consumer Contracts Regulations 2013). For most products bought online you have a legal right (pursuant to the Consumer Contracts Regulations 2013), within certain time limits and subject to certain criteria to change your mind within 21 days after the day you receive the product and to receive a full refund. Products being returned should be sent to No.1 Bra Returns, Unit 2, Kenneth Way, Wilstead Industrial Park, Wilstead MK45 3PD.
    4. Returning ‘brassieres’. To return a brassiere within the 21 day change your mind period you will need to return the brassiere to No.1 Bra Returns, Unit 2, Kenneth Way, Wilstead Industrial Park Wilstead MK45 3PD by following the returns instructions contained in the returns and exchange section on our website (the “Returns & ExchangeSection”) and the returns postage instructions in the Returns & Exchange Section . You will not be entitled to a refund if:
      • you fail to comply with the returns requirements set out in the Returns & Exchange Section; or
      • you fail to return the brassiere within 21 days after the day you receive the brassiere; or
      • the brassiere is not returned with its original packaging undamaged and with all labels and tags attached; or
      • the brassiere has been used or is not in the same condition that you received it;
      • the brassiere is returned soiled, marked or damaged.
    5. Returning ‘all in one bodies’. All in one bodies should be tried on over underwear without removing the protective original plastic gusset cover.
    6. To return an all in one body within the 21 day change your mind period, in addition to complying with the provisions of clause 9.4 above the all in one body will need to be returned with its original plastic gusset cover which must be untampered.
    7. Returning ‘knickers’. You do not have a right to change your mind and returnKnickers.This is for hygiene reasons.
    8. Sale products. Only regular priced products may be refunded, unfortunately sale products cannot be refunded.
    9. How long do I have to change my mind? As referred to above for products which can be returned you have 21 days after the day the products are delivered to you to change your mind. You must return the products to us to free of charge using the pre-paid postage label provided through the Returns section of the website within 21 days after the day the products are delivered to you in compliance with the provisions of clause 8.4 above and 8.5 above (if applicable) to receive a full refund.
    10. Costs of return. Returns by all customers are free with all orders placed on our website using the second-class postage label included with the product purchased.
    11. How we will refund you. Where you are entitled to a refund once your returned product is received and inspected for compliance with our returns policy, we will send you an email notifying you that we have received your returned Product. We will also notify you of the approval or rejection of your refund. If your refund is approved we process your refund and the price you paid for the returned product(s) excluding delivery costs, will be reimbursed to you by the method you used for payment.
    12. When your refund will be made. We will make any refunds due to you as soon as possible once they have been returned to us. Please allow 5-10 working days for your refund to be processed.
  10. Exchanges
    1. With the exception of Knickers you have the right to exchange a product for a different size or colour within 21 days after the day the product is delivered to you.
    2. To exchange a product within the 21 day exchange period you will need to return the product to No.1 Bra Returns, Unit 2, Kenneth Way, Wilstead Industrial Park Wilstead MK45 3PD by following the exchange instructions and return postage instructions contained in the Returns & Exchange Section. You will not be entitled to exchange a product if:
      • you fail to comply with the exchange requirements set out in the Returns & Exchange Section; or
      • you fail to return the product within 21 days after the day the Brasserie is delivered to you; or
      • the product is not returned with its original packaging undamaged and with all labels and tags attached; or
      • the product has been used or is not in the same condition that you received it; 
      • the product is returned soiled, marked or damaged.
  11. FAULTY PRODUCTS OR IF THERE IS A PROBLEM WITH THE PRODUCT
    1. If you have any questions or complaints about the product, please contact us. You can contact us by writing to our customer service team at customerservices@no1bra.com or No.1 Bra Returns, Unit 2, Kenneth Way, Wilstead Industrial Park, Wilstead MK45 3PD
  12. PRODUCT PRICE
    1. The price of our products (which includes VAT) will be the prices indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
  13. PAYMENT, BILLING AND ACCOUNT INFORMATION
    1. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates promptly, to enable us to complete your order and contact you as required.
    2. We reserve the right to refuse any order placed with us. We may, at our discretion, cancel or limit quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If a change or cancellation to your order is made, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  14. LIMITS ON OUR LIABILITY
    1. Nothing in these terms and conditions of sale shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
      4. defective products under the Consumer Protection Act 1987.
    2. Subject to clause 13.1:
      1. We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection your ordering and purchasing of product from us and these terms and conditions of sale; and
      2. Our total liability to you for all other losses arising under or in connection with your ordering and purchasing of specific products from us and these terms and conditions of sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% (one hundred per cent) of the total sums you have paid for the specific products you have ordered and purchased from us.
    3. We are also not responsible for failure to meet any of our obligations under these terms and conditions where such failure is due to events beyond our reasonable control.
  1. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. We will only use your personal information as set out in our Privacy Policy.
  2. GOVERNING LAW
    1. These terms and conditions of sale together with all our policies and procedures will be governed and construed in accordance with English law and the Courts of England and Wales shall have exclusive jurisdiction