<
Brasense
  Terms and Conditions  
 

Bra Sense Terms and Conditions compromise two sections:

SECTION 1
Bra Sense Website Use Policy (including our privacy policy)

and

SECTION 2.
Bra Sense Sales Terms

************************************************

SECTION 1
Bra Sense Website Use Policy

************************************************

IMPORTANT LEGAL NOTICE
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW.BRASENSE.CO.UK ('WEBSITE') AND TO ANY CORRESPONDENCE (INCLUDING BUT NOT LIMITED TO E-MAIL, TELEPHONE, FAX, POST, OR OTHERWISE) BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR ORDERING ANY GOODS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO ORDER ANY ITEMS OR USE THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY BRA SENSE LIMITED ('THE COMPANY').

PLEASE VIEW OUR PRIVACY POLICY FOR MORE DETAILS REGARDING USE OF YOUR INFORMATION PROVIDED TO US DURING YOUR VISIT ON OUR WEBSITE. PLEASE NOTE THAT WHEN IT COMES TO PROVIDING US WITH PERSONAL DETAILS, THESE ARE CAPTURED ON THE PAYMENT PAGES, HELD ON THE WORLDPAY SITE AND THEN MOST OF THE DETAILS ARE PASSED BACK TO US AS A DATA FILE AND AS AN E-MAIL. YOU ARE ONLY PERMITTED ACCESS TO THE PAYMENT PAGES IF YOU CHECK THE 'I ACCEPT' BOX TO CONFIRM YOUR ORDER ON THE ORDER SUMMARY PAGE.

1. Introduction
1.1 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

1.2 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. Licence
2.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) the Company's and other proprietary owners copyright and trade mark notices and this permission notice appear in all copies.

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

3. Service access
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

4. Visitor material and conduct
4.1 Other than personally identifiable information, which is covered under the privacy policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes in connection with providing you with their services;

4.2 Personal order, contact, address and cardholder details are captured by Bra Sense Ltd and WorldPay Limited ('WorldPay'). WorldPay are a separate entity from Bra Sense and supply payment services so that the customer is able to use their credit/debit cards for payment. WorldPay terms and conditions and privacy policy for your use of their payment services are available on the payment page. Alternatively you may contact them at enquiries@worldpay.com. WorldPay will create a customer account, which a customer can access without going through the Bra Sense website. We own no responsibility for activity and exclude all liability associated with your use of the WorldPay service through that channel.

4.3 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.4 You may not misuse the Website (including, without limitation, by hacking).

4.5 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.3 or 4.4.

5. Links to and from other websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 You are not permitted to create any links to or from this website without entering into our Website linking licence (which is available on request at the Company's discretion).

5.3 In any event, you must not replicate any part of this Website other than for the purposes set out in paragraph 2.1 and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Company's or any other proprietary owner's mark or logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Company or other proprietors trade marks or logos displayed on this Website without express written permission from the Company or such owner;
(f) you do not link to and from any website ; and
(g) you do not use the material or content that is in the Company's opinion distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.4 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.

5.5 You shall fully indemnify the Company for any loss or damage (including all professional fees) suffered by the Company or any of its group companies for breach of paragraph 5.2.

6. Disclaimer
6.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.

6.2 The material on this Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

7. Liability
7.1 The following limits and exclusions of Bra Sense's liability are in addition to the limits and exclusions set out in Section 2 of these Bra Sense Terms. However, the customer's statutory rights remain unaffected.

7.2 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with:
(a)this Website in any way;
(b) any websites linked to this Website or the material on such websites; and
(c) the sale of any goods to you
including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

7.3 Nothing in this legal notice shall exclude or limit the Company's liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

7.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

************************************************

SECTION 2
Bra Sense Terms of Sale

************************************************

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

9. Formation of the contract
9.1 These terms of sale apply to all goods supplied by Bra Sense Ltd ('Bra Sense' ), registered in England and Wales no. 4633708; registered office address: 5 Thorne Road, Doncaster, South Yorkshire DN1 2HJ.

9.2 No contract exists between you and Bra Sense for the sale of any goods until Bra Sense has received and accepted your order and sends you our confirmation by e-mail to the address or e-mail address you have given. Confirmation may be sent by post if requested specifically in writing. Once Bra Sense has confirmed your order, there is a binding legal contract between us.

9.3 The contract is subject to your right of cancellation (see below).

9.4 Bra Sense may change these terms of sale without notice to you in relation to future sales. A copy of our terms will be available to view and print off at www.brasense.co.uk

10. Description and price of the goods
10.1 The description and price of the goods you order will be as shown on www.brasense.co.uk or in Bra Sense's catalogue at the time you place your order.

10.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available, Bra Sense will inform you as soon as possible, and refund or credit you for any sum that has been paid by you or debited from your credit or debit card for the goods.

10.3 Every effort is made to ensure that prices shown on www.brasense.co.uk or in Bra Sense's catalogue are accurate at the time you place your order. If an error is found, Bra Sense will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Bra Sense will refund or credit you for any sum that has been paid by you or debited from your credit or debit card for the goods.

10.4 In addition to the price, you will be required to pay a packaging and delivery charge for the goods, as displayed on your order summary, or in it's consumer literature included with your product delivery.

10.5 The price of the goods and delivery charges are inclusive of VAT. Our VAT Registration Number is 852 0402 63

11. Payment and your liability to us
11.1 Payment for the goods and delivery charges can be made by any method shown on www.brasense.co.uk or in the Bra Sense catalogue at the time you place your order.

11.2 Please note you are also subject to WorldPay Limited's ('WorldPay') terms if you purchase goods online with your credit or debit payment card.

11.3 In circumstances where Bra Sense is required to pay back any amount to WorldPay due to a transaction which WorldPay subsequently disputes, even if authorized, then we reserve the right to claim such sum back from you.

11.4 There is an upper order limit for each order received from customers which will be notified to you at the time of ordering.

11.5 Bra Sense reserves the right to charge you or claim against you any costs and expenses incurred by Bra Sense as a result of any chargeback provisions or disputed transactions as may be notified to Bra Sense by WorldPay or otherwise incurred by Bra Sense as a consequence of your acts or omissions. Your statutory rights as a customer are unaffected.

12. Delivery
12.1 The goods you order will be delivered to the cardholder at the cardholder address or the delivery address provided at the time of placing your order. Deliveries are not made outside the United Kingdom, and some parts of the United Kingdom are not covered, as shown on www.brasense.co.uk or the Bra Sense catalogue at the time you place your order.

12.2 If delivery cannot be made to your selected address as a consequence of a Bra Sense fault, Bra Sense will inform you as soon as possible, and refund or credit you for any sum that has been paid by you or debited from your credit card or debit card for delivery.

12.3 It is the Customer's responsibility to ensure there is someone at the address given who is competent to accept delivery of the goods. Delivery is effected upon the postal service leaving the goods at your address or retaining the same at their depot if delivery by the postal service cannot be effected. You may be notified of an alternative delivery date or a place to collect the goods by the postal service.

12.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of acceptance of your order. However, Bra Sense will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, Bra Sense will inform you as soon as possible.

12.5 You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.

12.6 If for any reason the customer's payment is not received or authorised in accordance with either WorldPay's terms or these terms and conditions Bra Sense reserve the right not to deliver the Goods ordered.

13. Your right of cancellation and Refunds

13.1 You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods (see below). A working day is any day other than weekends and bank or other public holidays.

13.2 To exercise your right of cancellation, you must give written notice to Bra Sense by hand or post, fax or e-mail, at the address, fax number or e-mail address shown below, giving details of the goods ordered and (where appropriate) their delivery. Please feel free to call our Bra Advisor Service for assistance.

13.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Bra Sense at your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. Goods which have been worn or are not otherwise in their original condition are not eligible for cancellation or a refund.

13.4 Once you have notified Bra Sense that you are cancelling the contract, Bra Sense will refund or credit you within 30 days for any sum that has been paid to them by you or debited from your credit card or debit card for the goods.

13.5 If you do not return the goods as required, Bra Sense may charge you a sum not exceeding the direct costs of recovering the goods.

13.6 You do not have the right to cancel the contract if the order is for goods which by their nature or are the subject of a special offer cannot be returned or are liable to deteriorate or expire rapidly. Bra Sense will notify you at the time your order is accepted if this applies.

13.7 Any refunds shall be payable only in accordance with the original payment method unless otherwise agreed by Bra Sense.

14. Warranty
14.1 All goods supplied by Bra Sense are warranted free from defects. If you find an item is faulty within 60 days, please contact our Bra Advisor Service on 01530 274840, e-mail us at sara.oregan@brasense.co.uk, or write to Sara O'Regan at Bra Sense Ltd, Tanyard House, 37 High Street, Measham, DE12 7HR. In particular, the warranty does not apply if you machine wash your bra, since this can damage both your bra and in exceptional circumstances, your washing machine. This warranty does not affect your statutory rights as a consumer.

14.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Bra Sense, failure to follow Bra Sense's instructions, or any alteration or repair carried out without Bra Sense's approval.

14.3 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify Bra Sense in writing at the address, fax number or e-mail address shown below within Contact details. Please call our Bra Advisor Service for assistance.

15. Data protection
15.1 Bra Sense will take all reasonable precautions to keep the details of your order and payment secure, but unless Bra Sense is negligent, Bra Sense will not be liable for unauthorised access to information supplied by you.

15.2 Bra Sense will only use the information you provide about yourself for the purpose of fulfilling your order and any other purpose set out in the Bra Sense privacy policy, or as specifically requested and agreed by you. Bra Sense would like to notify you of products and offers that may be of interest to you from time to time, and if you would like to be notified of these, please contact Bra Sense at the address, fax number or e-mail address or telephone as shown below.

16. Applicable law
These terms of sale and the supply of the goods will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.

Contact details.

Please call our Bra Advisor Service on 01530 274840, Fax us on 01530 274840, e-mail us at service@brasense.co.uk or write to us at Bra Sense Ltd, Tanyard House, 37 High Street, Measham, DE12 7HR

 
 
 
 

Brasense home

 
 
 
“All rights reserved © Bra Sense Ltd 2005 & the proprietary owners of the trade marks & logos as shown”