This website is owned and operated by Breastvest. Our company registration number in England and Wales is 7236341 and VAT number is 989726146. Our postal address is PO Box 264, Newcastle upon Tyne, NE5 9AG. Our email address is
CUSTOMER WEBSITE TERMS AND CONDITIONS OF SUPPLY TO CONSUMERS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods listed on our website www.breastvest.co.uk (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any goods from our site. You should understand that by ordering any of our goods, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any goods from our site.
1. INFORMATION ABOUT US
We operate the website www.breastvest.co.uk. We are Breastvest Ltd, a company registered in England and Wales under company number 07236341 and with our registered office at 29 Orchard Rise, Newcastle upon Tyne, Tyne & Wear NE15 8XR. Our main trading address is PO Box 264, Newcastle upon Tyne, Tyne and Wear NE5 9AG. Our VAT number is 989726146.
2. OUR TERMS AND CONDITIONS
2.2 If you are uncertain as to your rights under these terms and conditions or you want an explanation about them please contact us using the Contact Us page of the website. Once you have read them and if you wish to proceed with a purchase, click the “I Agree” button and you will be able to proceed with any order you wish to make. If you do not agree with these terms and conditions, you are not authorised to use this website.
2.3 When you visit our website or send e-mails to us, you are communicating electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
3. LEGAL NOTICE
3.1 All content of this website is our property or that of our content suppliers and is, unless specifically stated otherwise, protected by copyright or similar ownership rights. It is published by us and may not be reproduced other than by downloading and viewing on a single computer and/or printing a single hard copy, for private purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without our prior written consent. All rights reserved.
3.2 The trade marks, logos and service marks shown on our website, unless otherwise specified, are our trade marks. No rights are granted to use any of them without our prior written consent. Any infringement of our rights may result in appropriate legal action.
3.3 Any framing of this website is prohibited. All links to this website must go to www.breastvest.co.uk. Please do not link directly to any other pages on this website. We cannot accept any responsibility or liability for access to or the material on any site which is linked from or to this website.
3.4 This website may include hyperlinks to sites operated by other parties but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material. You therefore agree that we will not incur any liability in respect of the content of any site accessed through a hyperlink contained on this website.
3.5 We endeavour to ensure the information on this website is correct and up-to-date, but we do not warrant its completeness or accuracy. The information provided on this site does not constitute professional advice and is subject to change.
3.6 Our terms and conditions may change from time to time. Any changes to these terms and conditions will apply from the date of publication of those amended terms and conditions on this website. Please check these terms and conditions regularly to ensure you are familiar with the current version.
3.7 You agree not to use this website in any way which causes any part of the website to be interrupted, damaged, rendered less effective or in any way impaired. You will not use this website to transmit or post any material which is defamatory, offensive, of an obscene or menacing character, or which may, in our judgement, cause annoyance, inconvenience or anxiety to any person.
3.8 We are a member of ACID (Anti Copying In Design). For more information please go to acid.eu.com
4. YOUR ACCCOUNT
4.1 When you register to use our website, you will be asked to create a username and password to set up your account. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our website and should ensure that it is switched off each time you have finished.
4.2 You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account.
4.3 We reserve the right to refuse service or terminate accounts if we suspect an unauthorised person is attempting to access it.
4.4 You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of any unauthorised or possible unauthorised use of your username and password or of a breach of security.
4.5 Your order represents an offer to us to purchase the goods which is accepted by us when we send email confirmation to you that we have dispatched the goods to you. We will only dispatch goods once payment has been received in full.
5. BASIS OF AGREEMENT
5.1 Orders can be placed via the shopping basket online. Alternatively you can email us your telephone number (send to firstname.lastname@example.org) and we will contact you to process your order over the telephone.
5.2 We will treat each order for goods as an offer by you to purchase the goods in accordance with these terms and conditions.
5.3 By placing an order through our site, you warrant that:
5.3.1 you are legally capable of entering into binding contracts; and
5.3.2 you are at least 18 years old.
5.4 We will acknowledge receipt of your order without undue delay by e-mail. Please note that our acknowledgement of receipt of your order is not our acceptance of your order, which we will send separately.
5.5 Your order represents an offer to us to purchase the goods which is accepted by us when we send email confirmation to you that we have dispatched the goods to you. We will only dispatch goods once payment has been received in full.
5.6 We reserve the right to place restrictions on the volume of any goods ordered. There is no minimum order volume.
5.7 We reserve the right to refuse to accept any orders without stating the reason for doing so.
6. PRICE AND AVAILABILITY
6.1 The price of our goods will be as quoted on our site from time to time, except in cases of manifest error. This price includes all applicable taxes.
6.2 Delivery costs are itemised separately from the price which is exclusive of all delivery costs. More information on delivery costs is set out below at condition 7 (Delivery).
6.3 Packaging options will be displayed upon checkout. Standard packaging is included in the delivery costs. If you wish to opt for gift wrapping, there will be an additional charge which will be displayed upon checkout. Any gift wrapping pictures displayed are examples only.
6.4 If goods are unavailable or we need to vary the price to take account of any increase in our suppliers’ prices, changes in taxes and duties, site errors or errors or omission in the price displayed on our website or in any confirmatory correspondence, we shall notify you by e-mail and allow you an opportunity to cancel your order without any cost to you.
6.5 If you have a promotion or discount code, you must enter this when checking out your basket. Codes must be used within any validity dates specified. Only one code can be used per transaction.
7. IMPORT DUTY
7.1 If you order goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
7.2 Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.
8.1 We accept payment by cheque, online bank transfer, Paypal and online by credit and debit card using Barclaycard Business, which allows us to collect payment as securely as possible. For further information, please visit http://www.barclaycardbusiness.co.uk/epdq/. At no time will Breastvest store your credit or debit card details. We also take payment by credit or debit card on the telephone (+44(0)191 229 1516).
8.2 If you pay by credit or debit card, payment will be deducted when we receive your order.
8.3 If you do not wish to pay online using a credit or debit card, you can post a cheque to us and upon the funds clearing in our bank account (allow 6 working days), your goods will be posted to you. If a cheque is returned as unpaid, your account will be put on hold until full payment is received. If a cheque is received which exceeds the order value, we will send you a cheque for the balance. If a cheque is received for less than the order value, we will await a revised cheque before processing your order. This can either be a top-up amount to equal the full value of the order and we will bank both cheques or you can send us a cheque for the full amount and we will return the first cheque for the incorrect amount to you.
8.4 The goods will only be owned by you once we have received payment in full and cleared funds.
9.1 You must ensure that you fully complete our order form so as to give us any necessary information to enable us to deliver the goods.
9.2 Delivery of all items is by standard first class mail, unless we have agreed to make special delivery arrangements. The delivery cost is currently £1.75 per item to UK addresses, £3.50 for addresses in Europe and £5 for international deliveries outside Europe which includes all applicable taxes. Delivery will be via Royal Mail or courier. We obtain a receipt of postage for every package dispatched.
9.3 We endeavour to despatch your goods within 48 hours of receipt of your order. If for any reason there is likely to be a delay, we will contact you immediately with the details. At the latest, we will deliver the goods within a maximum of 30 days beginning on the day following that on which you submit your order to us (unless you and we agree otherwise or you exercise your right to cancel our agreement before we arrange delivery).
9.4 If your package is held at your local post office, it is your responsibility to collect the item before it is returned to us. Orders returned to us as uncollected may be re-sent to you and you will be responsible for the additional postage fees we incur. If you request a refund instead, we will happily provide you with a refund, deducting the postage fees incurred in the first delivery attempt. We will not be liable for delay or errors by the postage service.
9.5 Risk in the goods passes to you upon delivery to the address stated on the order.
10. OUR GUARANTEE
10.1 We will supply goods which are free from defects in materials or workmanship for a period of 6 months from the date of delivery unless repairs or replacements are necessary as a result of:-
10.1.1 fair wear and tear;
10.1.2 wilful or accidental damage, misuse or neglect; or
10.1.3 unauthorised alterations or additions; or
10.1.4 any unforeseeable circumstances which are not due to our fault or negligence; or
10.1.5 any attempted repair which you have made without our approval; or
10.1.6 any failure to follow our instructions.
10.2 You are asked to examine the goods as soon as is reasonably possible after delivery and notify us of any defect as soon as practicable after the defect is discovered and return them to us at our postal address set out above or contact us to arrange collection of the goods. We will reimburse reasonable postage costs you have incurred in returning faulty goods upon provision of a receipt for those costs and provided we agree that they are faulty.
10.3 Provided you tell us within a reasonable time after discovery of the defect we will at your option either:-
10.3.1 repair or replace the goods at our cost; or
10.3.2 refund to you the price of the goods (or a proportionate part of that price, if appropriate).
10.4 Our guarantee also applies to goods replaced by us.
10.5 Nothing in this guarantee affects any of your rights as a consumer under English law, details of which are set out in conditions 12 and 14.
11. LIMITS OF LIABILITY
11.1 This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that your access to our website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the website for whatever reason.
11.2 Nothing in these terms seeks to limit or exclude our liability if something we do causes death or personal injury through our negligence or if we cause damage to your property and that cause is our fault.
11.3 Provided you are not purchasing the goods for business purposes, we confirm that:-
11.3.1 the goods will match our description of them;
11.3.2 the goods will be of the quality you would expect of these type of goods;
11.3.3 the goods will be fit for purpose; and
11.3.4 that we have the legal right to sell the goods to you.
11.4 Other than the responsibility we have accepted as described above, we will not be liable for any losses that you suffer as a result of any breach of the contract between us except those losses which are reasonably foreseeable by both of us at the time we enter into a contract with you.
12. CONSUMER RIGHTS
12.1 If you are contracting as a consumer, you may cancel a contract at any time within seven working days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in in accordance with our refunds policy (set out in clause 13 below).
12.2 To cancel a contract, you must inform us in writing. You can do this by emailing us at email@example.com. You must also return the goods to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
13. RETURNS POLICY
13.1 We aim to provide high quality goods at reasonable prices, and excellent standards of service.
13.2 You can cancel your order at any point before your order is despatched. You can do this by either emailing us at firstname.lastname@example.org quoting your order number or by telephoning us on 0191 2291516
13.3 If you return goods to us:
13.3.1 because you have cancelled the contract between us within the seven-day cooling-off period (see clause 12 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us;
13.3.2 for any other reason (for instance, because you consider that the goods are defective), we will examine the returned goods to ensure they are returned to us as new and suitable for resale, will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of defective goods in full, any applicable delivery charges and any reasonable costs you incur in returning the goods to us.
13.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
13.5 If you used a discount or promotional code for your purchase, then any refund paid to you will be based on the discounted price you paid.
14. STATUTORY RIGHTS
14.1As a consumer you have certain legal rights under English law regarding statements made in public by us or our representatives, the repair or return and replacement of defective or misdescribed goods, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations. In certain circumstances you may require us to reduce the price you have paid for defective or misdescribed goods or cancel your contract with us. Nothing in these terms and conditions affects those legal rights.
14.2 You also have certain statutory rights under the Electronic Commerce (EC Directive) Regulations 2002 because we are advertising and selling goods online. If we do not comply with these Regulations you have certain remedies. These terms and conditions do not affect your remedies under those Regulations.
14.3 These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 as amended and nothing in them is intended to impose on you any duty or liability additional to those specified in those Regulations. If you would like a copy of these Regulations, they can be accessed at http://www.legislation.gov.uk/uksi/2000/2334/contents/made.
14.4 For further information about your rights under English law, please go to www.oft.gov.uk
You can contact us to enquire about the status of your order or with any other query about our goods by contacting us using the Contact Us page of the website or telephoning us on [+44] 191 2291516.
16.1 Our website is operated and controlled from the United Kingdom and these terms and conditions and your use of this website are governed by and construed in accordance with English law.
16.2 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement, please use the Contact Us page of the website to send any complaints to us.
17.2 Any information provided by you must be accurate and complete. You agree to notify us promptly of any relevant changes.
17.4 When you set up your account with us, you will be asked if you wish to be contacted by telephone, email and/or text message. We will store this information on our database and adhere to your request to opt-in or opt-out of communications from us.
17.5 The information you provide to us when using this website will be processed for the following reasons:-
17.5.1 to administer your user account with us;
17.5.2 to process any request for advice or information supplied by us;
17.5.3 to plan and manage our business activities by taking into consideration
our customers’ shopping habits and preferences;
17.5.4 to assist with our research;
17.5.5 to notify you of our bulletins, information packs and services should you consent to receiving these from us;
17.5.6 to customise this website according to your interests;
17.5.7 to comply with our statutory and regulatory obligations; and
17.5.8 to process any orders you make through our website.
17.6 The type of information we will collect about you includes:-
17.6.1 your name and address;
17.6.2 your phone number and e-mail address;
17.6.3 your credit or debit card details if you are purchasing our goods online (although these details are held by Barclaycard’s safe and secure online payment system (www.barclaycard.col.uk/epdq) not Breastvest);
17.6.4 the goods you have purchased; and
17.6.5 information you complete in relation to any client surveys.
17.7 We will never collect sensitive information about you without your explicit consent.
17.8 Any information that we collect about you is stored electronically on our database. It may also be printed and stored in our filing system.
17.9 Unless otherwise set out in these terms and conditions, we will keep your personal information confidential except to the extent that we are compelled to disclose it by law (for example where fraud or other crime is involved), to comply with an instruction of a regulatory body of competent jurisdiction or to perform our contractual obligations. From time to time we may be called upon to demonstrate our maintenance of certain professional standards as set by appropriate authorities and/or to satisfy our auditors and/or to comply with regulations in relation to money laundering or other statutory requirements. If you do not consent to our production of your details for this purpose only as an exception to our duty of confidentiality, you can let us know by contacting us using the contact details set out above.
17.10 If you believe that the information we hold about you is inaccurate or if you wish us to cease processing your data for any particular purpose or purposes, contact us using the Contact Us page of the website.
17.11 To comply with the Data Protection Act 1998 we adhere to strict security procedures. The personal information which we hold will be held securely to ensure no unauthorised disclosure or access. We are a member of Security Metrics and comply with PCI for online card payment processing.
17.12 Should you wish to obtain a copy of the personal data that we hold on you, please contact us using the Contact Us page of the website. As soon as we are satisfied as to your identity, we will send to you, within 40 days, a copy of all the data that we hold concerning you.
17.14 When visiting our web pages, we would like to use tracking technologies which record and store information about you automatically. This can include using a “cookie” which would be stored on your browser. Please contact us using the Contact Us page of the website if you do not consent to our use of such technology. If we cannot use such technology it is possible that certain functionality of this site might be affected and we might not be able to process your order. This information does not identify you personally. We automatically collect and store only the following information about your visit:-
17.14.1 the internet domain and IP address from where you access our website;
17.14.2 the type of browser software and operating system used to access our website;
17.14.3 the date and time you access our website;
17.14.4 the pages you enter, visit and exit our website from; and
17.14.5 if you linked to our website from another website, the address of that website. We use this information to help us identify click stream patterns, to improve our website and to learn about the number of visitors to our website and the types of technology our visitors use. We only use this information to ensure that our Web pages stay compatible with a selection of browsers and systems and thereby ensure that the pages appeal to a wide audience.
17.15 As described at condition 6 (Payment), we have appointed Barclaycard as an agent to collect credit and debit card payments from you on our behalf. All credit or debit card transactions conducted from this website are carried out over a secure link for your security. By transmitting your credit or debit card details, you agree to our agent using your details for the purposes of:-
17.15.1 authorising your credit or debit card;
17.15.2 debiting your credit or debit card account for such of our goods you buy; and
17.15.3 advising us that payment has been made.
18.1 You are not permitted to transfer your rights and obligations under these terms and conditions without our written authority. This authority will not be refused without good reason.