Please read all these terms and conditions.

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern curvyclub's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customeror you). We are The Curvy Club Ltd a company registered in England and Wales under number 12555542 whose email address is info@curvyclub.co.uk; the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumermeans an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contractmeans the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Locationmeans the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Mediummeans paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goodsmeans the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Ordermeans the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policymeans the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Websitemeans our website curvyclub.co.uk on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
21. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
    2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
30. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
31. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
32. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
33. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

Withdrawal, returns and cancellation

37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
    1. goods that are made to your specifications or are clearly personalised;
    2. goods which are liable to deteriorate or expire rapidly.
39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
    1. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

40. Subject as stated in these Terms and Conditions, you can cancel your order within 14 days without giving any reason.
41. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods..
42. To exercise the right to cancel, you must inform us of your decision to cancel your order by a clear statement setting out your decision (eg an email).
43. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

45. Except as set out below, if you cancel your order, we will reimburse to you all payments received from you, excluding the costs of delivery.

Deduction for Goods supplied

46. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

47. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
    1. 14 days after the day we receive back from you any Goods supplied, or
    2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
48. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel your order.
49. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

50. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods to Curvy Club ,Unit 21 ,Park Royal Business Centre, Park Royal Road ,London ,NW10 7LQ,       without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
51. For the purposes of these Cancellation Rights, these words have the following meanings:
    1. distance contractmeans a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    2. sales contractmeans a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

52. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
53. Upon delivery, the Goods will:
    1. be of satisfactory quality;
    2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. conform to their description.
54. It is not a failure to conform if the failure has its origin in your materials.

Circumstances beyond the control of either party

56. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Privacy

57. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
58. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (curvyclub.co.uk/privacy-policy/) and cookies policy (www.curvyclub.co.uk/privacy-policy/).
59. For the purposes of these Terms and Conditions:
    1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    2. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
    3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
60. We are a Data Controller of the Personal Data we Process in providing Goods to you.
61. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
62. For any enquiries or complaints regarding data privacy, you can e-mail: info@curvyclub.co.uk.

Excluding liability

63. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

64. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
65. Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
66. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us via email to find a solution. We will aim to respond with an appropriate solution within 5 days.

Terms of Use

67. The use of this website is subject to the following terms of use:

68. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
69. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: [insert list of information].
70. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
71. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
72. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
73. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
74. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
75. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.