Terms & Conditions

IMPORTANT INFORMATION

 

The following paragraphs appear in Section C of these Terms and Conditions, but we replicate them here for your convenience.

Fulfilment of your Order

Due to the wide range of styles and sizes covered by our website, sometimes we may not have your particular size or colour selection in stock, and we will have to place a special order with our suppliers (certain of which are based in Europe and the USA) before sending your order to you. For this reason we ask you to allow 14 days for delivery, although we will make every effort to get your order to you sooner.

If you require a very urgent delivery of goods, please contact us and we will do what we can to assist you.

All goods featured on this website appear subject to availability. We aim to keep up to date with the stock available from our manufacturers and to update our website accordingly, however there will be occasions, especially with limited edition styles, where items become sold out before we can remove them from sale. If you do not agree with this policy then you should not order from this website.

If we cannot supply you with the product you ordered, we will not process your order further, we will inform you of this in writing (including e-mail) and we will refund you in full as soon as reasonably possible.

If we anticipate that there will be a delay in shipping a product to you we will also inform you of this in writing (including e-mail) giving you a reason for the delay and we will give you the choice of proceeding with your order and waiting for the delayed item or receiving a full refund as soon as reasonably possible.

The Terms and Conditions of this website now appear in full:

 

PART A: INFORMATION ABOUT EMBRACE

This website is owned and operated by Embrace (Cheltenham) Limited, a company registered in England and Wales (company registration number 8526127) whose registered office is at 23, Reindeer Court, Worcester, WR1 2DS. Our registered VAT number is 165 6955 65.

Unless we say otherwise, we use the terms “Embrace”, “we” and “us” on this page to refer to Embrace (Cheltenham) Limited (including throughout the Website Terms and Conditions and the General Terms and Conditions of Sale).

PART B: WEBSITE TERMS AND CONDITIONS

These website terms and conditions (“Website Terms”) apply to your use of the Embrace website (the “Website”). You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference.

By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use this Website.

Privacy Policy

These Website Terms supplement (and are in addition to) the terms of our Privacy Policy. Our Privacy Policy explains what personal information we collect about you when you use the Website.  Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.

Other applicable terms and conditions

If you order an Embrace product through the Website, our General Terms and Conditions of Sale will also apply. You can view these below.

Your use of this Website

 

You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.

You may use, download and print content on the Website solely for your own personal use. Otherwise, you may not without our prior written consent:
•    copy, reproduce, use or otherwise deal with any content on the Website;
•    modify, distribute or re-post any content on the Website for any purpose;
•    reproduce, crawl, frame, link to or deep-link into this Website on or from any other website;
•    use the content of the Website for any commercial exploitation whatsoever.

Use of this Website from outside the UK

 

Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Embrace’s products available in the UK. However Embrace may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable

Password/account security

 

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Embrace shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

Ownership of rights

 

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Embrace.  If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in user generated content that you submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

Accuracy of content

To the extent permitted by applicable law, Embrace disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.  The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Embrace.

Damage to your computer or other device

 

Embrace uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Embrace shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

Links to other websites

 

We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Embrace cannot accept any liability in respect of the use of these websites.

Exclusions of liability

 

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably forseeable arising out of or in connection with these Website Terms or your use of the Website.

Except to the extent required by applicable law, Embrace shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.

These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Other legal notices

 

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms and our Privacy Policy (and, where applicable, the General Terms and Conditions of Sale) govern your use of this Website.

Third party rights

 

Only you and Embrace shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Entire Agreement

 

These Website Terms (including, where applicable, our Privacy Policy and our General Terms and Conditions of Sale) set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Law, jurisdiction and language

 

Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.

Changes to these Website Terms

 

We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.

PART C:  GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through the Embrace website at www.embraceluxurylingerie.co.uk (the “Website”). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree

to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.

Website Terms and Conditions

Whenever you use this Website to order an Embrace product, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering an Embrace product or service through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions.

Product and service descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
•    orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
•    all prices are displayed in pounds Sterling inclusive of UK VAT where applicable unless expressly indicated otherwise
•    packaging may vary from that shown on the Website;
•    the weights, dimensions and capacities shown on the Website are approximate only;
•    whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery
•    all items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher quality and value.

 

Gift Messages

If you order a product or service as a gift for a friend or relative, we may offer you the opportunity to add a gift message to your purchase. If you choose to include a gift message, you acknowledge and agree that:
•    the gift message service is provided for your own personal and non-commercial use only;
•    the gift message you instruct us to send on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable;
•    you will not impersonate any person, including but not limited to any of our employees or customers;
•    you are entirely responsible for the text and other content of your gift message and Embrace accepts no liability for any such content;
•    we do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message; and
•    we have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.

Acceptance of your order

Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) that you ordered from us.

If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.

All products that you order through the Website will remain the property of Embrace until we have received payment in full from you for those products.

During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.

All card payments are subject to authorisation by your card issuer. If your payment is not authorised and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 28 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

Fulfilment of your Order

Due to the wide range of styles and sizes covered by our website, sometimes we may not have your particular size or colour selection in stock, and we will have to place a special order with our suppliers (certain of which are based in Europe and the USA) before sending your order to you. For this reason we ask you to allow 14 days for delivery, although we will make every effort to get your order to you sooner.

If you require a very urgent delivery of goods, please contact us and we will do what we can to assist you.

All goods featured on this website appear subject to availability. We aim to keep up to date with the stock available from our manufacturers and to update our website accordingly, however there will be occasions, especially with limited edition styles, where items become sold out before we can remove them from sale. If you do not agree with this policy then you should not order from this website.

If we cannot supply you with the product you ordered, we will not process your order further, we will inform you of this in writing (including e-mail) and we will refund you in full as soon as reasonably possible.

If we anticipate that there will be a delay in shipping a product to you we will also inform you of this in writing (including e-mail) giving you a reason for the delay and we will give you the choice of proceeding with your order and waiting for the delayed item or receiving a full refund as soon as reasonably possible.

Packaging of your Order

Some of our products are received from the manufacturer in boxes, whereas others are packaged in cellophane or plastic bags. It is our practice to remove such packaging, to wrap products in tissue paper and sent them to you in a postal bag (except in the case of moulded cup bras which will usually be boxed prior to posting).

If you wish your product to be packaged in a different way please add a note to your order and we will do our utmost to assist, although we reserve the right to charge a small fee if necessary.

Delivery and Charges

Delivery charges vary depending on the value of the order and the delivery address, as set out at Checkout.

We use the Royal Mail Signed For 1st Class service for delivery of items to you. This service aims to deliver your parcel the next working day and provides proof of delivery including a signature from the receiver, and we are able to check on line that your item has been safely delivered. Royal Mail Signed For is not classed as a “tracked” product but we can use Track and Trace to see an electronic signature online, so if your parcel has been signed for by a neighbour or colleague we can pass this information on to you.

Delivery will be to the address specified in your order.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau for UK customers).

International Delivery

Products can be delivered to addresses outside the UK upon your special request, at charges to be agreed.

Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK.  Embrace reserves the right to define what can and cannot be delivered to which destination.

Payment for purchases will be made in pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.

Embrace products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.

Occasionally, the supply of your product(s) may be delayed or prevented for reasons beyond our control – for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.

Your right to cancel

If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK).

If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
•    Applicability of cancellation rights:  Legal rights of cancellation under the Distance Selling Regulations available for UK or EU consumers do not apply to certain products and services (for example, gifts and personalised items);
•    Damaged or incorrectly supplied products:  You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or e-mail only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
•    Other cancelled products:  If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within seven working days following the date of receipt in accordance with the Distance Selling Regulations or otherwise as soon as possible. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned in their original packaging, promptly, at your cost.

This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.

If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

If you cancel your order in any of the circumstances set out above save for cancellation under the provisions of the Distance Selling Regulations, we will refund any money paid by you after any products, which have been delivered to you, are returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.

Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us.

Our Exchanges and Refunds Policy

Our Exchanges and Refunds policy does not affect your legal rights under the Distance Selling Regulations or other legislation.

Our Exchanges and Refunds policy (where there is no legal right to a refund or exchange under the Distance Selling Regulations or otherwise) is offered on items returned in a resalable condition with a receipt or parcel summary document within 14 days of purchase.

Gift vouchers and briefs and swimwear with the hygiene strip removed are excluded from the Exchanges and Refunds policy. These items can only be refunded or exchanged in accordance with your legal rights.

When items are returned by post, the credit adjustment is made to the credit or debit card used as payment for the original order.

If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

Substitution

We reserve the right to substitute alternative products or services of equal or greater quality and value at no extra cost to you if we experience supply difficulties.

However, where this is the case, you will always have the right to accept or refuse any products that we substitute. If you choose to refuse any alternative product that we have substituted, we will offer a refund or replacement.

Liability

There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.

You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.

Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

Other important terms

We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.

No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These General Terms and Conditions of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the English courts

 

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