This page tells you the terms on which we supply the products (“Products”) listed on our website www.homebody.co.uk (“our site”) to you. Please read these terms carefully before ordering any Products from our site. By ordering any of our Products, you agree to be bound by these terms.
If you refuse to accept these terms then you will not be able to order any Products from our site.
1. Information About Us
www.homebody.co.uk is a site operated by Homebody Online Ltd (“we” or “us”). We are registered in England and Wales under company number 10564599
2. Your Status
By placing an order through our site you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
3. How the Contact is formed between You and Us
After placing an order you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and, if we accept your offer, we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“the Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation, and will be deemed to incorporate these terms.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order unless and until the dispatch of such Products has been confirmed in a Dispatch Confirmation.
4. Right to Cancel
You may cancel a Contract at any time within fourteen days beginning on the day after you received the Product. In this case, you will receive a full refund of the price paid for the Product in accordance with clause 8.
To cancel a Contract, you must email us at email@example.com .You must return the Product(s) to us within fourteen days in the same condition in which you received them, and in accordance with our Returns Policy see our Returns information.
You have a legal obligation to take reasonable care of the Products while they are in your possession.
You will not have any right to cancel a Contract for the supply of any Products made to your specifications or clearly personalised or which by reason of their nature cannot be returned.
This provision does not affect your statutory rights.
5. Availability and Delivery
We offer goods for sale that are in stock and available for dispatch. Occasionally, however, we may be waiting for stock. Consequently you may from time to time be given the possibility of pre-ordering certain Products. The delivery timing will be featured on the site and payment will be completed when placing the order. This will ensure that you receive the Product in priority once the stock has been received by us. Your rights regarding such Products are the same as those for any other Product purchased on our site. In the unlikely event that the Products that you have ordered and paid for are unavailable then you will be offered a full refund.
Please note that Products are not reserved for you while they are in your shopping basket.
Delivery takes place when we or our delivery agent leaves the Products at the address that you specified for delivery when you placed the order. We will normally ask for a signature from someone at that delivery address.
Unless there are exceptional circumstances your order will be fulfilled by the delivery date set out in the Dispatch Confirmation.
6. Risk & Title
The Products will be at your risk from the time of delivery. Ownership of the Products will pass to you at the time of delivery if we have already received full payment of all sums due in respect of the Products, including delivery charges (where applicable). If for any reason we received full payment of all sums due in respect of the Products after delivery, then ownership will only pass to you when we received such payment.
7. Price & Payment
All prices are displayed on our site in Pounds Sterling (£) Euros (€) and US Dollars, however Euros and US dollars are shown for ‘information only’ and the transaction will be completed in £ sterling and will appear as such on your credit card statement.
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs (where applicable), which will be added to the total amount due as set out in our Delivery Policy.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept payment by Visa, Visa Debit, Visa Electron and MasterCard, Amercian Express PayPal and Apple Pay.
We will not charge your credit or debit card until we despatch your order.
Please note that only one gift code can be applied per order.
8. Our Refunds Policy
When you return a Product to us:
(a) because you have cancelled the Contract between us within 1 year from date of order for ‘full price goods’, (or within strictly 28 calendar days in the case of sale items), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave notice of your cancellation. In this case, we will refund the price of the Product in full, excluding the cost of sending the Product to you (where applicable). You will be responsible for the cost of returning the Product to us, ensuring you have paid full and correct postage to our dept in London and ensuring you have obtained a proof of delivery certificate.
(b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and, if you are entitled to a refund, will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day on which we confirmed to you via e-mail that you are entitled to a refund. Products for which you are entitled to a refund due to a defect will be refunded in full, including a refund of the delivery charges for sending the Product to you (where applicable) and the cost incurred by you in returning the Product to us (where applicable).
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. Our Liability
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our aggregate liability for losses you suffer as a result of us breaking this agreement, any tort committed by us (including negligence) or our breach of statutory duty is strictly limited to the purchase price of the Product you purchased.
Nothing in these terms limits or excludes in any way our liability (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect or consequential losses, or losses which happen as a side effect of our wrongdoing (whether caused by tort (including negligence), breach of contract or otherwise), including but not limited to (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of goodwill; or (f) loss of use.
10. Import Duty
If you order products from our site for delivery outside the UK and Europe then they may be subject to import duties, taxes and brokerage fees which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties, taxes and fees. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please be aware that if the items shipped were returned because the recipient is not willing to pay the applicable local taxes/ import duties, the delivery address is wrong or there is no one to accept the package, we are unable to refund shipping charges, custom charges and any return charges incurred by Homebody. Do not hesitate to contact us if you have any questions related to shipping to your country.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Legal Notices
Unless stated otherwise elsewhere in these terms, all legal notices given by you to us must be given to Homebody Online Ltd. We may give legal notices to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11. Any legal notice posted by us on our website will be deemed received by you and properly served as soon as it is posted on our website. Any legal notice emailed by us to you will be deemed received by you and properly served 24 hours after being sent. Any legal notice posted by you to us or by us to you will be deemed received by the addressee and properly served three days after the date of posting. In proving the service of any legal notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14. Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or for any delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our commercially reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term(s) will, to that extent, be deleted from the remaining terms. The remaining terms will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
These terms represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between us prior to such Contract, except as expressly stated in these terms.
Neither of us shall have any legal remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently), and the other party's only remedy in respect of any untrue statement shall be for breach of contract as provided in these terms.
18. Our Right to Vary These Terms
We have the right to revise and amend these terms from time to time. You will be subject to the policies and terms in force at the time that you order Products from us, unless:
(a) any change to those policies or these terms is required to be made by law or governmental authority. In that case, the change will apply to orders previously placed by you; or
(b) if we notify you of a change to those policies or these terms before we send you the Dispatch Confirmation. In that case, we have the right to assume that you have accepted the change unless you notify us to the contrary within fourteen days of receipt by you of the Products.
19. Law & Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
20. Styling Ideas Photoshoots Terms & Conditions
The participants expressly agree that the photographs taken may be published on the Homebody website www.homebody.co.uk Facebook, Twitter, Pinterest, Instagram and, wherever applicable, including printed look books or other marketing materials.
Participation in the photoshoot implies the granting of express authorisation for Homebody to use the name and image of the entrant at no cost for advertising purposes, in the manner described in the present Rules.
21. Terms of The Gift Code for Selected Customers
The gift code is offered to selected customers only. It's only valid on full-priced items and it's not valid in conjunction with other promotions. Can be redeemed online or in-store until December 15th. If item is returned the value of the gift will be discounted accordingly. Subject to availability. Normal Homebody Online Ltd Terms & Conditions apply.
22. Terms of Competitions
The following Terms & Conditions apply:
- Entry into the competition is in acceptance of these Terms and Conditions.
- Entrants must be 18 years of age or over on the date of entry into the competition.
- The competition will start and close on the advertised dates and at the advertised times. Colours features in the images used to advertise the competition are not indicative of the prize to be received, colours will vary.
- The prize draw will be held on the advertised date.
- Employees of Homebody Online Ltd, their immediate families, agents, or anyone connected professionally with the promotion or with Homebody Online Ltd are not eligible to participate in this competition.
- Homebody Online Ltd takes no responsibility for entries which are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of an entry is not proof of receipt.
- If the winner cannot be contacted or does not respond within 7 days of any attempted communication by Homebody Online Ltd, an alternative winner will be chosen.
- Homebody Online Ltd retains the right to substitute the prize with another of similar value in the event the original prize offered not being available, due to circumstances beyond the reasonable control of Homebody Online Ltd.
- Homebody Online Ltd may wish to use the winner’s name for editorial and publicity purposes on the Homebody website or email communications. By entering the competition you agree to all such use.
- Homebody Online Ltd shall have the right to disqualify an entrant who fails to comply with these Terms and Conditions.
- To the fullest extent permitted by applicable law, Homebody Online Ltd accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or experienced by you as a result of entering the competition or accepting the prize.
- Homebody Online Ltd reserves the right at any time to modify or discontinue, temporarily or permanently, this competition with or without prior notice due to reasons outside the control of Homebody Online Ltd.
- The prize draw will be governed by English Law. The promoter of the competition is Homebody Online Ltd
- Except otherwise stated in these Terms and Conditions, normal Homebody Online Ltd Terms and Conditions apply to the prize.
- The decision of Homebody Online Ltd in relation to any aspect of the competition is final, and no correspondence will be entered into in relation to any such decision.
- The homepage pop-up competition will run for 6 months starting on November 1st, the winner will be contacted by email.
23. Terms of Homebody Bespoke
Bespoke products are any products which have been personalised/customised/tailored to your specifications. These products (when delivered as described and in good condition) cannot be cancelled, exchanged or returned after the order has been placed.
The customer is held responsible for any customer generated mistakes:
- wrong selection of colour
- wrong appearance of colour
- wrong order quantity
- typographical errors in spelling (initials)
Problems with a bespoke order must be reported to firstname.lastname@example.org within 14 days of receipt.
If any mistakes were made to the bespoke order on behalf of Homebody, these would be rectified free of charge.
When confirming your bespoke order, please verify carefully each detail to avoid any issues stated above.
24. Terms of Homebody Monogramming
We try our best to ensure the embossing / embroidery looks as well spaced and aligned as possible to your specifications, please see below the terms & conditions of the service:
- Embossed / Embroidered products are those that have been personalised/customised/tailored to your specifications. These products (when delivered as described and in good condition) cannot be cancelled, exchanged or returned after the order has been placed.
- Please be aware that the number of characters to be embossed on some styles are restricted due to the size and shape of the product.
- The images of embossed items displayed on the website are for indication purposes and may differ slightly in your purchased product. The customer is held responsible for any customer generated mistakes: Wrong selection of embossing style or colour, typographical error in spelling.
- When confirming your bespoke order, please verify carefully each detail to avoid any of the issues stated above.
25. Terms of Promotional Codes
Promotional codes cannot be used together or in conjunction with any other offers.