Terms

Welcome to our website.

These Terms and Conditions establish a legal and binding contract for the use of this website, including any purchases made. If you do not accept or disagree with any part of these Terms or our Privacy Policy, you must not use this website.

By continuing to use this website you are deemed to have accepted these Terms and Conditions and our Privacy Policy. If you wish to make a purchase we will ask you to expressly agree to these Terms and our Delivery Policy and Returns Policy.

We may update or modify these Terms without notice.

Within these Terms and Conditions - ‘we’ or ‘us’ refers to Stretch It Body Jewellery and ‘you’ or ‘your’ refers to the visitor or purchaser, singular also refers to plural, masculine to feminine and vice versa.

Use Of The Website

1) This website and its content, including, but is not limited to text, images, graphics, design, layout and appearance.

2) All content is copyrighted under the United Kingdom copyright laws (and, if applicable, similar foreign laws), and we own the copyright in and to the selection, coordination, arrangement and enhancement of such content or are licensed to use such content (including the selection co-ordinating, arrangement and enhancement of such content).

3) Where the rights are not owned by ourselves we will have obtained permission for their use and inclusion. All trademarks appearing on the website are trademarks of their respective owners.

4) You may view and print pages from the website for your own personal use, downloading is permitted for caching purposes only.

5) You must not;

a) Republish, transmit, distribute, duplicate, copy or otherwise reproduce material from this website, including use or publication on another website without our express written consent.
b) Sell, rent or sub-license any material from the website.
c) Reproduce, duplicate, copy or otherwise use material on our website for a commercial purpose.
d) Edit or otherwise modify any material on the website.
e) Use or access the website in any way which causes, or may cause damage, impairment of the availability or accessibility, or in any way illegal, fraudulent or harmful.
f) Use any content for commercial purposes.
g) Conduct any data collection (whether automated or not) including but not limited to data scraping, data mining, data extracting and data harvesting without express permission.
h) Use or access the website to distribute or link to any computer virus, Trojan, spyware or any other form of malicious software.
6) The content, prices, offers, product specifications, availability, design, layout, scheme or theme are subject to change without notice or may be stated incorrectly or in error.

7) The website may include advertisements or links to other websites and are provided for convenience and information only. Links and advertisements are not intended to be, and shall not be taken to be an endorsement of any content or products. We cannot be held liable in any way whatsoever for the content or products on a linked website.

8) Whilst we will make all reasonable endeavours to maintain continuous and secure access to our website and its services, the operation and availability of the website and services may be interrupted or interfered with beyond our control and cannot give any warranties or guarantees nor shall we be liable in contract, tort or negligence in respect of your inability to access the website or the downloading of damaged or corrupt data.

9) Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

The Products

10) The purchase of products via the website are subject to our Terms of Sale.

11) Whilst we take every care to show the products as accurately as possible, colours and shapes can be distorted during the creation, publication or reproduction of an image, also individual manufacturer or user settings of the device used to view the website we, therefore, cannot guarantee the colour, shade, shape or any other visual aspect of the product is an exact match with the image on the website.

12) The products are intended to increase the diameter of healed piercings and associated jewellery.

13) All prices are in GBP.

14) By purchasing and using these products, you, at your sole discretion determine which products are suitable and appropriate.

Personalisation / Made To Order

15) We offer the ability for you to create your own personalised plugs by uploading your image via our website or selecting an image from our library. The images can be laser engraved and printed onto jewellery and accessories.

16) When uploading an image for a personalised plug or accessory you –

a) Acknowledge and expressly accept that the cancellation rights available under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are not available and do not apply to personalised products and are non-returnable.
b) Warrant that you own the copyright for the image, or have permission from the copyright holder to use the image, and that you fully and unconditionally indemnify us against any claims, demands, actions, liabilities, costs by any third party for a breach of copyright or other intellectual property rights or privileges. In the event that any such claims are made against us you give us your express permission to disclose your details to them.
c) Acknowledge and accept that the digitally rendered image will not be an exact match to the actual laser engraved plug or accessory produced.
d) Acknowledge and accept that the image in some cases will be significantly reduced in size so there will be a loss in fine detail.
e) Acknowledge and accept that the positioning of the image may not be exactly where you intended it to be.
f) Grant us a worldwide, sub-licensable, perpetual, transferable, royalty-free licence to use the image in any way whatsoever, including without limitation, on the site.


17) We reserve the right to refuse to use any image that is or could reasonably be considered to be offensive, harmful, unpleasant, inappropriate, threatening, fraudulent, defamatory, abusive, discriminatory, false, libellous, unreliable, misleading, harassing, intimidating, infringing, obscene, unlawful or otherwise objectionable.

Terms Of Sale

18) The advertising of products constitutes an ‘invitation to treat’ and is not a contractual offer. No contract of sale will come into force until we provide confirmation of your order.

19) To make an order you will need to add your required Products to your shopping cart and make a payment at the checkout.

20) Users may create an account and register their details if they wish to save re-entering for any future purchases. Your account is solely for your use and you are solely responsible for the security of your password. You may not sell or otherwise transfer your account, username or password.

21) We reserve the right to suspend or cancel any account without notice where we suspect misuse or where an account has been inactive for 12 months.

22) We will also accept orders by telephone or email and those orders shall be subject to these terms.

23) We will treat all your personal information collected in connection with your order in accordance with our Privacy Policy and the Data Protection Act 1988.

24) In submitting an order and submitting payment you are confirming that –

a) You are over the age of 18 and legally capable of entering into binding contracts and have full authority, power and capacity to agree to these terms of sale.
b) Creating an obligation to pay.
c) The information provided by you is accurate and correct.
d) You accept the products are used for increasing the diameter of healed piercings and in many cases the changes cannot be reversed.
e) Notwithstanding any liabilities implied by Law, we cannot be held liable for, and you unconditionally indemnify us against any claims, damages, losses expenses and costs (including consequential losses, legal expenses and settlements), whether in Law, statute, contract, equity or tort arising directly or indirectly from misuse, over stretching, infections, allergic reactions or other health or hygiene problems.
f) You acknowledge and accept that we are not medical practitioners and cannot offer any medical guidance or advice; you should consult a doctor before using any products.


25) In accepting your order we are –

a) Creating a binding contract between us.
b) Creating an obligation to provide the products as described, fit for purpose and of satisfactory quality.


26) If the ordered products are not in stock, or we are otherwise unable to meet your order we will advise you via email or telephone and you will have the following options -

a) We may make you aware of any alternative or similar products that are in stock.
b) You may select an alternative product, any adjustments to the order value.
c) We may advise you of when the next delivery of the products is anticipated.
d) You may cancel the order and receive a full refund of purchase price and delivery charges.


27) Where the buyer is outside the UK they may be subject to additional charges upon delivery for local/import taxes, customs or duties.

28) Wherever possible, we shall endeavour to process and dispatch orders the same working day when the order is confirmed before 3pm, or the next working day when the order is received and confirmed after 3pm. In the interest of clarity a working day is Monday to Friday, 9am to 5pm excluding Bank or Public Holidays.

29) Delivery is in accordance with our Delivery Policy.

Right To Cancel

30) Except for personalised or made to order products, you have the right to cancel this contract within 14 days without giving any reason.

31) The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products.

32) The products, excluding personalised and made to order products are hygienically sealed in a clear packaging to allow you to examine the products without breaking the hygiene seal, you will waiver the right to cancel if you break the hygiene seal and we shall not be obliged to provide a refund.

33) To exercise the right to cancel, you must inform us at of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail) at returns@stretchitbodyjewellery.co.uk, orStretch It Body Jewellery, 2 The Newhouse, Stuart Works, Wordsley, Stourbridge, West Midlands, DY8 4FB, United Kingdom.

34) You may ask for a cancellation form, but it is not obligatory.

35) 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

36) If you cancel the contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

37) We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you. In the interests of clarity, if the hygiene seal is broken the loss in value shall be the full cost of the products.

38) We will make the reimbursement without undue delay, and not later than -

a) 14 days after the day we receive back from you any products supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have returned the products, or
c) if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.


39) 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. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.

40) You shall securely package the products and return them toStretch It Body Jewellery, 2 The Newhouse, Stuart Works, Wordsley, Stourbridge, West Midlands, DY8 4FB, United Kingdom in accordance with our Returns Policy, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the products before the period of 14 days has expired.

41) You will have to bear the direct cost of returning the products.

42) You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products and it is not necessary to break the hygiene seal to achieve this.

43) All returned products shall be in accordance with our Returns Policy.

General

44) Both parties shall enter this agreement and perform their obligations in the utmost good faith and intentions.

45) The agreement is constructed and governed in accordance with English Law and in the English language, the courts of England and Wales have exclusive jurisdiction to adjudicate and provide determinations on any dispute arising from or in relation to these Terms and Conditions.

46) If any provision of these Terms is held invalid or unenforceable by a Court of competent jurisdiction, the remaining provisions will remain in full force and effect. Wherever possible the invalid or unenforceable Term shall be replaced by one with a similar effect or meaning.

47) No forbearance or delay in enforcing these Terms or any other legal right shall prejudice, restrict, interfere or otherwise diversely affect the right to enforce those Terms at a later time or for a subsequent breach.

48) You expressly understand, acknowledge and agree that, to the fullest extent permitted by Law, we, any parent or subsidiary company, and our employees, affiliates, partners, advisors, consultants or representatives shall not be liable, and you fully indemnify from claims of direct or indirect damages, including but not limited to incidental, special, consequential, exemplary or punitive damages, costs, expenses, loss of profits, goodwill, data or damage to equipment or furniture, whether such claims are under statute, equity or tort (including but not limited to negligence) as a result the use of this website or the information and products the website contains.

49) If you are dissatisfied with any aspect of the website or its content your sole and exclusive remedy is the discontinuation of your use of the website and the ability to return the products in accordance with these Terms and Conditions herein.

50) You agree to indemnify, hold harmless and defend us, our officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs, including, but not limited to, reasonable legal fees and expense arising from your improper use of the website or products, your breach of this Agreement, or your infringement of any intellectual property or other right of any person or entity.

51) Nothing within these Terms and Conditions shall exclude liability for death or personal injury caused by our negligence, or fraud.

52) This agreement constitutes the entire agreement between the parties and supersedes all previous agreements (written or oral) between the parties in relation to its subject-matter. Each party acknowledges that in entering into this Agreement it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.

53) Neither party shall be held in breach of this agreement, or held liable in damages for any event, delay, default resulting from Force Majeure (A force of nature or ‘Act of God’) or conditions which do not arise as a result of a breach of a duty of care or negligence, including but not limited to adverse weather, war, strikes, fires, floods. Governmental restrictions, power failures, failure of suppliers, sub-contractors or carriers or other causes beyond the reasonable control of the party, providing that the party experiencing the difficulty provides prompt written notification.

54) A person or company who is not a party to the agreement shall not have any rights, benefits or obligations under the Contract (Rights of Third Parties) Act 1999.

55) Any notices necessary or required under the provisions of this agreement shall be served by hand or by way of recorded delivery mail or courier service or electronic mail. The date of service of the notice shall be the date of it being handed or posted or upon sending of an electronic mail. Notices shall be deemed to have been served immediately if by hand, upon signing if by recorded delivery or courier, or 1 hour after sending an electronic mail if the electronic mail has not been returned undelivered.