These Terms & Conditions establish a legal and binding contractfor the use of this website, including any purchases made. If you do notaccept or disagree with any part of these Terms or our Privacy Policy,you must not use this website.
By continuing to use using website you are deemed to have acceptedthese Terms & Conditions and our Privacy Policy. If you wish to makea purchase we will ask you to expressly agree to these Terms and ourDelivery Policy and Returns Policy.
We may update or modify these Terms without notice.
Within these Terms & Conditions - 'we' or 'us' refers to StretchIt Body Jewellery and 'you' or 'your' refers to the visitor orpurchaser, singular also refers to plural, masculine to feminine andvice versa.
Use of the website
1) This website is subject to Intellectual Property rights,including, but is not limited to text, images, graphics, design, layoutand appearance. Where the rights are not owned by ourselves we will haveobtained permission for their use and inclusion.
2) Any Trade Marks reproduced within this website that are not theproperty of us or a licensor are recognised acknowledged and respected.
3) You may view and print pages from the website for your own personal use, downloading is permitted for caching purposes only.
4) You must not;
- a) Republish or redistribute material from this website,including use or publication on another website without our expresswritten consent.
- b) Sell, rent or sub-license any material from the website.
- c) Reproduce, duplicate, copy or otherwise use material on our website for a commercial purpose.
- d) Edit or otherwise modify any material on the website.
- e) Use or access the website in any way which causes, or maycause damage, impairment of the availability or accessibility, or in anyway illegal, fraudulent or harmful.
- f) Conduct any data collection (whether automated or not)including but not limited to data scraping, data mining, data extractingand data harvesting without express permission.
5) The content, prices, offers, product specifications, availability,design, layout, scheme or theme are subject to change without notice ormay be stated incorrectly or in error.
6) All prices are in GBP.
7) Whilst we take every care to show the products as accurately aspossible, colours and shapes can be distorted during the creation,publication or reproduction of an image, also individual manufacturer oruser settings of the device used to view the website we thereforecannot guarantee the colour, shade, shape or any other visual aspect ofthe product is an exact match with the image on the website.
8) The website may include advertisements or links to other websitesand are provided for convenience and information only. Links andadvertisements are not intended to be, and shall not be taken to be anendorsement of any content or products. We cannot be held liable in anyway whatsoever for the content or products on a linked website.
9) Whilst we will make all reasonable endeavours to maintaincontinuous and secure access to our website and its services, theoperation and availability of the website and services may beinterrupted or interfered with beyond our control and cannot give anywarranties or guarantees nor shall we be liable in contract, tort ornegligence in respect of your inability to access the website or thedownloading of damaged or corrupt data.
10) Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
11) The purchase of products via the website are subject to our Terms of Sale.
Terms of sale
12) The advertising of products constitutes an 'invitation to treat'and is not a contractual offer. No contract of sale will come into forceuntil we accept your order.
13) To make an order you will need to add your required products to your shopping cart and make a payment at the checkout.
14) We will also accept orders by telephone or email and those orders shall be subject to these terms.
15) We will treat all your personal information collected inconnection with your order in accordance with our Privacy Policy and theData Protection Act 1988.
16) In completing an order and submitting payment you are confirming that â??
- a) You are over the age of 18.
- b) You are legally capable of entering into binding contractsand have full authority, power and capacity to agree to these terms ofsale.
- c) Your order is an offer; our acceptance of that offer will be confirmed within a confirmation notice.
- d) The information provided by you is accurate and correct.
- e) You accept the products are used for increasing the diameterof healed piercings and in some cases the changes cannot be reversed.
- f) Notwithstanding any liabilities implied by Law, we cannot beheld liable for, and you unconditionally indemnify us against anyclaims, damages, losses expenses and costs (including consequentiallosses, legal expenses and settlements), arising directly or indirectlyof misuse, over stretching, infections, allergic reactions or otherhealth or hygiene problems.
17) If the ordered goods are not in stock, or we are otherwise unableto meet your order we will advise you via email or telephone and youwill have the following options -
- a) We may make you aware of any alternative or similar products that are in stock.
- b) You may select an alternative product, any adjustments to the order value.
- c) We may advise you of when the next delivery of the products is anticipated.
- d) You may cancel the order and receive a full refund of purchase price and delivery charges.
18) Where the buyer is outside the UK they may be subject toadditional charges upon delivery for local/import taxes, customs orduties.
19) Wherever possible, we shall endeavour to process and dispatchorders the same working day when the order is confirmed before 2pm, orthe next working day when the order is received and confirmed after 2pm.In the interest of clarity a working day is Monday to Friday, 9am to5pm excluding Bank or Public Holidays.
20) Delivery is in accordance with our Delivery Policy.
21) Upon receipt of the goods, under the Consumer Protection(Distance Selling Regulations) 2000 you will have 7 days to examine thegoods and return them if you are unhappy, goods can only be returned inaccordance with our Returns Policy.
22) Both parties shall enter this agreement and perform their obligations in the upmost good faith and intentions.
23) The agreement is constructed and governed in accordance withEnglish Law and in the English language, the courts of England and Waleshave exclusive jurisdiction to adjudicate and provide determinations onany dispute arising from or in relation to these Terms and Conditions.
24) If any provision of these Terms is held invalid or unenforceableby a Court of competent jurisdiction, the remaining provisions willremain in full force and effect. Wherever possible the invalid orunenforceable Term shall be replaced by one with a similar effect ormeaning.
25) No forbearance or delay in enforcing these Terms or any otherlegal right shall prejudice, restrict, interfere or otherwise diverselyaffect the right to enforce those Terms at a later time or for asubsequent breach.
26) This agreement constitutes the entire agreement between theparties and supersedes all previous agreements (written or oral) betweenthe parties in relation to its subject-matter. Each party acknowledgesthat in entering into this agreement it has not relied on, and shallhave no right or remedy in respect of, any statement, representation,assurance or warranty (whether made negligently or innocently) otherthan as expressly set out in this agreement. Nothing in this clauseshall limit or exclude any liability for fraud.
27) Neither party shall be held in breach of this agreement, or heldliable in damages for any event, delay, default resulting from ForceMajeure (A force of nature or 'Act of God') or conditions which do notarise as a result of a breach of a duty of care or negligence, includingbut not limited to adverse weather, war, strikes, fires, floods.Governmental restrictions, power failures, failure of suppliers,sub-contractors or carriers or other causes beyond the reasonablecontrol of the party, providing that the party experiencing thedifficulty provides prompt written notification.
28) A person or company who is not party to the agreement shall nothave any rights, benefits or obligations under the Contract (Rights ofThird Parties) Act 1999.
29) Any notices necessary or required under the provisions of thisagreement shall be served by hand or by way of recorded delivery mail orcourier service or electronic mail. The date of service of the noticeshall be the date of it being handed or posted or upon sending of anelectronic mail. Notices shall be deemed to have been served immediatelyif by hand, upon signing if by recorded delivery or courier, or 1 hourafter sending an electronic mail if the electronic mail has not beenreturned undelivered.