TERMS AND CONDITIONS OF USE

By using bodyism.com or any other Website owned or operated by BodyFood Ltd or its affiliates (trading as "BodyFood"), you agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this or any other website operated by BodyFood. We reserve the right to change these Terms and Conditions of Use, in whole or in part, at any time, with or without notice. You should always check these Terms and Conditions of Use prior to using this or any other website operated by BodyFood. Your continued use of this or any other website operated by BodyFood following the posting of changes to these Terms and Conditions of Use will mean you accept those changes.

References in these terms of use to "you", "your" or "yours" are to be taken as references to the site user, except where stated or where the context requires otherwise. References to "us" or "we" are to be taken as references to BodyFood.

1. Restricted uses

The contents of this site are copyrighted under United Kingdom copyright laws. Except as stated herein, none of the material on this site may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. However, you may download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included in or accessed through this site and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such downloaded material for any commercial purpose. Modification of the materials or use of the materials for any other purpose is a violation of BodyFood's copyright and other proprietary rights. The use of any of the whole or any part of the content of this site (including but not limited to trade names and logos) except as expressly provided in these Terms and Conditions of Use, is strictly prohibited. All copyright and all other intellectual property and proprietary rights of any sort relating in any way to this site (including, but not limited to, those relating to its content, branding and the services, software and any other materials made available on and through it) which are not granted to you in accordance with these terms of use are hereby expressly reserved to BodyFood or, in the case of any other brands, names and logos featured on this site, their respective owners.

2. Intended audience

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United Kingdom and its territories and possessions. BodyFood controls and operates this site from the United Kingdom. BodyFood makes no representation that materials contained on this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

3. Prices

  1. The price of the products will be in AUD and quoted on this site at the time we accept your order. The price will include any applicable value added tax, but not the cost of delivery;
  2. In addition to the price, you will have to pay our delivery charges as quoted on the site at the time we accept your order - unless you qualify for free delivery. The amount of these charges varies according to the method of delivery and the delivery address you specify in your order;
  3. Payment is made by credit card at the time we accept your order. (The credit cards we accept are listed in the Web Site at the time you place your order). Refunds will generally be made by means of a credit to your credit card;
  4. Although every care is taken in the quality of content on this site, there may occasionally be an error and items may be mispriced. In this event we will either: contact you to ask if you wish to cancel the order, or simply cancel the order and notify you, at our own discretion. We are under no obligation to supply goods at the incorrect price;
  5. There are no export restrictions.

4. Delivery policy

  1. We will arrange for delivery of the products you order by the method and to the address which you specify. However, the time for delivery will not be essential to the contract between us;
  2. If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges;
  3. If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this;
  4. All our products are despatched via mail or courier in padded delivery bags. We endeavour to deliver within 3-5 working days.

5. Return, refund and cancellation policy

  1. You may cancel your order by notifying us in writing at any time up to 14 days after your products have been delivered. The notification should state your order number and give the reason for cancellation.
  2. If you cancel your order after we have dispatched the products, then you must return the products to us at the address set out below above. The products should be returned in a reasonable condition and at your own expense. We recommend the use of a Recorded Delivery Service.
  3. You can no longer cancel your order once you have opened or otherwise tampered with the product containers or used the products. However, your statutory rights concerning the quality of those products will be unaffected.

6. Hyperlinks to or from other sites

BodyFood is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from this site. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from this site from such third parties. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this site, since these third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.

7. Limitation of liability

  1. The description and specification of goods and services on this site is only approximate and we reserve the right to make changes which do not may affect the quality or performance of such goods and services.

    We may correct any error appearing on this site or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.
  2. Except as may be set out in these terms of use, this site, its content, and any use you choose to make of it, are provided and permitted without any representations or warranties of any kind, whether express or implied, and we disclaim all such representations and warranties so far as permitted by law. We do not warrant that information contained on or accessed through this site is adequate, complete, accurate or up-to-date, nor do we warrant that the site (or any part of it) will always be accessible, fully functional or free from errors and viruses. Accordingly, you agree that the only remedy available to you for breach of these terms of use shall be for our breach of contract under these terms of use.
  3. Subject to paragraph (d) below, but otherwise so far as permitted by law, we exclude and are not liable for all loss, damage(s) and liability (whether or not caused by our negligence) for all wasted time, all loss/corruption of data, all loss of profits, opportunities, and goodwill, and all indirect, consequential and punitive loss or damage(s) arising from or in relation to use of this site and/or the information on it or any services provided through it, howsoever arising, whether in contract, tort (including negligence), statute or otherwise, and even if it was reasonably foreseeable or we have been made aware of the possibility of such loss/damage(s)/liability.
  4. Subject to paragraph (d) below, but otherwise so far as permitted by law, our total aggregate liability hereunder in respect of direct loss and damage and other direct liability, howsoever arising, whether in contract, tort (including negligence), statute or otherwise shall be limited per claim or series of related claims, to £100.
  5. Nothing in these terms of use shall limit our liability for:
    1. loss or damage for death or personal injury caused by our negligence; or
    2. for any fraudulent misrepresentation made by us or those under our control.
  6. If you are using this site as a consumer then nothing in these terms of use shall in any way limit your statutory rights.

8. Indemnification

You will indemnify and hold BodyFood, and its subsidiaries, affiliates, directors, officers, agents, contractors or other partners, and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material or information you submit, post to or transmit through a Interactive Medium, your use of this site, your connection to this site, or your violation of the Terms and Conditions of Use.

9. Privacy Policy

When you visit this site we may collect data that will personally identify you ("User Data").

We will only use the User Data to: (a) process patments and delivery; (b) contact you and provide you with information (as requested); and (b) deal with any other matters arising as a result of that contact.

Subject to the provisions of applicable law and for a small fee you may obtain copy(ies) of the User Data (if any) we hold about you. Additionally, if you wish to delete, deactivate or amend the User Data, or find out what User Data (if any) we are holding about you, please contact us.

We will not sell the User Data to anyone or disclose the User Data except as necessary to deal with matters arising from your use of the site and your contact(s) with us, or in the unlikely event that we believe in good faith that we are required to do so: (a) by court order or other legal/regulatory requirement; or (b) in order to protect our rights/property or those of our clients and/or their employees.

Your Consent: by using this site you consent to BodyFood holding, processing and transferring (both inside and outside the EEA) the User Data as necessary for us to provide you with and enable you to use the site and for the purposes referred to above.

10. Entire Agreement

These terms of use supersede all prior agreements, arrangements and statements (except for those for which liability is not excluded) between us with respect to your use of this site and constitute the entire agreement between us relating to the same.

11. Severability

If one or more of the provisions of these terms of use are at any time found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms of use. These terms of use shall be deemed amended by modifying or severing such provisions as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable which materially gives effect to their intent. Any invalid or unenforceable provision or provisions shall be severable from these terms of use so that the validity or enforceability of their remaining provisions, or the validity of the provision(s) in question in any other jurisdiction shall not be affected.

12. Rights of Third Parties

No one other than you and us will have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms of use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee.

13. About Us

This site is made available to you by BodyFood Ltd Registered Office:
BODYFOOD LIMITED
17 ST. ANN'S SQUARE
MANCHESTER
M2 7PW
UNITED KINGDOM
Company Number 08062129 and is © BodyFood Ltd 2010.
All rights reserved.

14. Contact Us

Bodystore UK & Europe:
You can contact us by writing to us or by email:

C/O Bodyism
Emery Limited
Unit 7 - 9 Greatbridge Road, Romsey
SO51 0AD
Email. sales@bodyism.com

Bodystore Australia, USA & Rest of the World:
You can contact us by phone or fax:

Within AUSTRALIA:
Phone (07) 3205 4622
Fax (07) 3205 9433

Outside of AUSTRALIA:
Phone +61 7 3205 4622
Fax +61 7 3205 9433

15. Governing Law

Use of this site and the Service is governed by English law, and you irrevocably agree to submit any claim or dispute arising in relation to, out of, or in connection with this site (and any use you make of it or the Service and/or opportunities offered through it) to the non-exclusive jurisdiction of the English courts.

WHAT TO DO WHEN RETURNING BY POST:

  1. Before returning any goods to Bodyism, please complete the return slip that came with your order and include it with the items being sent back:
    • Remember to indicate if you would rather exchange the goods or receive a refund. Please note that all refunds will be made to the credit card originally used.
    • Select the reason for the exchange or return.
    • State the preferred delivery address for your exchange.
    • We always welcome feedback, so feel free to let us know your thoughts.
  2. To make a return or exchange, we need to receive the goods back to our office in their original condition – so, please ensure all goods are packaged securely and we recommend that you use a recorded or signed for delivery service as you are responsible for this until it reaches us.
  3. We are not able to accept any returns on any products that have been worn, dirty and are not in their ‘original’ condition. The clothing will be inspected once received.
  4. We can only accept refunds or exchanges within 14 days of delivery.
  5. The cost of returning goods to Bodyism is the responsibility of the customer.
  6. Please send returns to:

    Bodystore UK & Europe:
    FAO: Joe Padbury, Bodyism, Emery Ltd (Return Goods In) Unit 7-9 Greatbridge Road, Romsey, SO51 0AD, UK

    Bodystore Australia, USA & Rest of the World:

    Please contact us by phone or fax and have your order number to hand.

    Within AUSTRALIA:
    Phone (07) 3205 4622
    Fax (07) 3205 9433

    Outside of AUSTRALIA:
    Phone +61 7 3205 4622
    Fax +61 7 3205 9433

If you are using this site as a consumer then nothing in these terms of use shall in any way limit your statutory rights.