Terms and Conditions for the Supply of Goods
1. Interpretation
1.1 Definitions:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 11.3.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person who purchases the Goods from the Supplier.
Force Majeure Event: an event or circumstance beyond a party's reasonable control.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer's order for the Goods, as set out in the relevant order form on the website referred to in clause 3.1.
Specification: any specification for the Goods agreed by the Customer and the Supplier.
Supplier: MAS Intimates UK Limited (registered in England and Wales with company number 05833223).
1.2 Interpretation:
(a) a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(b) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(c) a reference to writing or written includes emails.
2. Basis of contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.4 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.
2.5 Any samples, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.
3. Goods
3.1 The Goods are described on the Supplier's website at becomeclothing.com
3.2 The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
4. Delivery
4.1 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note
4.2 The Supplier shall engage the services of third parties to deliver the Goods to the location set out in the Order (Delivery Location).
4.3 Delivery is completed on the completion of delivery of the Goods at the Delivery Location.
4.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a third party, a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5. Quality
5.1 The Supplier warrants that on delivery the Goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). 5.2 Subject to clause 5.3,
the Supplier shall repair or replace defective Goods or refund the price of defective Goods in full, in accordance with the following policy:
(a) 14 day period to change your mind; and
(b) consumer to pay costs of return.
5.3 The Supplier shall not be liable for the Goods' failure to comply with the warranty set out in clause 5.1 in any of the following events:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
(c) the Customer alters or repairs such Goods without the written consent of the Supplier;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. 5.4 Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
6. Delivery
6.1 The costs of delivery will be as displayed to you on our website.
6.2 During the Order process we will let you know when we will provide the Goods to you.
6.3 We will deliver Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your Order.
6.4 If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
6.5 If, after a failed delivery to you, you do not re-arrange delivery of Goods 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.
6.6 Goods will be your responsibility from the time we deliver the Goods to the address you gave us.
7. Price and payment
7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier's published price list in force as at the date of delivery.
7.2 The price of the Goods includes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate.
7.3 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
8. Termination
8.1 Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so.
8.2 Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract. If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Goods repaired or replaced or a service re-performed or to get some or all of your money back). You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods.
8.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund, under the Consumer Contracts Regulations 2013.
8.4 Termination of the Contract shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
8.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
9. Limitation of liability
9.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability. 9.2 Subject to clause 9.1:
(a) the Supplier shall under no circumstances whatsoever be liable to the Customer, 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 with the Contract; and
(b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
10. Force majeure
Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event. If the period of delay or non-performance continues for 2 weeks, the party not affected may terminate this Contract by giving 7 days written notice to the affected party.
11. General
11.1 Assignment and other dealings.
(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
11.2 Entire agreement.
(a) This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
11.3 Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
11.4 Waiver. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
11.5 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
11.6 Notices.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid
first class post or other next working day delivery service, commercial courier, or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.6(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by email, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
11.7 Third party rights. No one other than a party to this Contract and their permitted assignees shall have any right to enforce any of its terms.
11.8 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
11.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
12. Promotional Offers
12.1 When you use one of our offers you accept our terms and conditions relating to that offer (in legal terms you are deemed to have accepted them and agree to be bound by them).
12.2 Unless the offer says otherwise, you can only use one promo code or discount offer per order.
12.3 Offers cannot be used in conjunction with any other offer or promotion unless specifically stated and are not available to Become and MAS team members.
12. 4 Offers do not apply to any delivery charges unless expressly stated.
12.5 If you need to return any items, you will be refunded for the price you actually paid after taking into account taking into account the offer discount. If you return a single product from a multi-buy, buy one get one free or half price offer, our refund will mean that you've effectively paid full price for any of products you keep.
12.6 Become can decline your order, if we don't think the promo code or offer used is valid for the product(s) ordered, or if we reasonably suspect fraud.
12.7 Discount for any offer will be applied at checkout on submission of relevant offer codes when prompted.
12.8 Become can change these terms and conditions or withdraw an offer at any time, without notice.
12.9 Offers available while stocks last.
12.10 Combine and Save deal is only available on clothing product and is not applicable to any bedding lines.
12.11 These terms and conditions are governed in accordance with the laws of England and Wales.
13. Competitions
13.1 The competition is open to residents of the United Kingdom aged 18 years or over except employees of Become and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
13.2 There is no entry fee and no purchase necessary to enter this competition.
13.3 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
13.4 Details of how to enter are outlined in the email, Twitter, Facebook, The Chilled Menopause Facebook Group and Instagram posts promoting the competition
13.5 Unless otherwise stated only one entry will be accepted per person. Multiple entries from the same person may be disqualified.
13.6 Closing date for entry is stated within the competition details. After this date the no further entries to the competition will be permitted.
13.7 No responsibility can be accepted for entries not received for whatever reason.
13.8 Become reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by us.
13.9 Become is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
13.10 The prize is as stated and no cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
13.11 Winners will be chosen at random by suitable software from all entries received and verified by Become and or our partners.
13.12 The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
13.13 Become will notify the winner when and where the prize can be collected / is delivered.
13.14 Becomes decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
13.15 The competition and these terms and conditions will be governed by [English] law and any disputes will be subject to the exclusive jurisdiction of the courts of [England].
13.16. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
13.17 The winner’s name will be available 28 days after closing date by emailing the following address: hello@becomeclothing.com
13.18 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Become and partner promoters and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://www.becomeclothing.com/pages/privacy-policy
13.19 Become‘s decision as to those able to take part and selection of winners is final. No correspondence relating to the competition will be entered into.
13.20 The entrant must be following @Become_tm across all stated social media platforms and on email in order to enter.
13.21 Become shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.
