Terms and Conditions
These are the Terms and Conditions under which we supply our products to you. Please read these terms carefully before you submit your order to us as by using our website, you signify that you agree to be bound by them.
1. Who we are and how to get in touch
Welcome to Curvy Kate.com, we are owned and operated by Curvy Kate Limited (referred to in these Terms and Conditions as ‘Curvy Kate’, ‘us’, ‘we’ and ‘our’). Our company registration number is 06785355 and our VAT registration number is GB945008432 .
You can write to us at our registered office, The Atrium, 1 Harefield Rd, Uxbridge, UB8 1EX.
You can email us at email@example.com. You can also speak to our customer service team using our online chat facility.
For contractual purposes, you consent to receive communications from us about your order, we will do so either by email or post or telephoning you on the number you provided to us with your order.‘Writing’ includes emails.
Name, email address, postal address, telephone number, date of birth, bra size, whether you are male or female, purchase information such as credit card details and product preferences
We use this information to process and fulfil your order. Information of this nature will only ever be used for marketing purposes if you have previously given us your consent to do so.
2. Our contract with you
When using our website, you are solely responsible for maintaining the confidentiality of your account and password. Please ensure the details you provide us with are correct and if anything is incorrect or requires changes, please let us know immediately. Acceptance of your order will take place when we email you to confirm the goods have been despatched (‘Despatch Confirmation Email’). No contract will exist before the email has been sent.
There will be occasions when we cannot accept your order, for example the product may be out of stock or we may have found an error in the price or the description of the product.
If we cannot accept your order we will inform you either in writing or by telephone. If we cannot contact you we may treat your order as cancelled. Accepted orders will be given an order number and we’ll tell you what it is in the Despatch Confirmation Email.
You can review the orders you have placed with us and their status by clicking "My Account" on the homepage at www.curvykate.com.
3. Our products
Whilst we make every effort to display the products accurately, we cannot guarantee that a device’s display will accurately reflect the colour of the products. The images on our website therefore are for illustration purposes only and products may vary slightly from their pictures.
4. Price and payment
The price of the product will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
Prices on our site represent the price you will pay. For UK customers this includes VAT at the current rate. For customers in the Channel Isles (Jersey, Guernsey, Aldernay, Sark and Herm) we will, on request refund the VAT on any items you have chosen to keep. Refunds must be requested within 60 days of the original order being placed.
It is always possible that despite our best efforts we may get the price wrong.
Where the product’s correct price is lower than our stated price we will charge the lower amount and refund any excess paid.
Where the product’s correct price is higher than our stated price we will contact you for your instructions before we accept the order.
If we accept the order and a ‘Despatch Confirmation Email’ is sent and a pricing error is obvious, unmistakeable and could reasonably have been recognised by you as mispricing, we may require the return of any products provided to you and we will refund any sums you have paid.
We accept payment by the methods detailed within the checkout process. You must pay for the goods before we dispatch them.
We will from time to time offer promotions and/or promotion codes on our products.
To redeem a promotion code, enter the code when prompted during the checkout process and click Apply. Providing your purchase meets with the promotion code requirements your discount will be applied.
Promotion codes cannot be used against orders for gift cards.
Promotion codes are only valid for a limited time and may be withdrawn at any time and without notice.
Only one promotion code may be used per order.In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately.
6. Delivering the products
The costs of delivery and estimated delivery times can be found here. We are not responsible for delays that are outside our control.
All orders are dispatched from the United Kingdom, worldwide. When goods are dispatched outside of the UK by Curvy Kate it is our duty to declare their full value on the packaging.
For EU orders, delivery duty and customs charges will be covered on your behalf.
For countries outside the UK & EU, depending on the customs authorities, you could be liable for paying additional duty/tax, and this is dependent on the types of goods that you are purchasing plus their total value, although some items can be imported without any customs charges at all. The customs charge is imposed by customs authorities in each individual destination country and unfortunately, we can’t take any responsibility for it.
Please refrain from asking us to mark down the value of your parcel as we are obligated to declare the full value of goods so that we comply with import regulations. In addition to this, if we receive your parcel back due to unpaid customs charges then we may deduct part of your refund in order to cover return charges and fees incurred.
For any questions regarding customs charges to pay, please contact your local customs authority prior to making your purchase.
7. Your rights to make changes
We want you to be 100% happy with your order.If you wish to return a product you may do so provided this is done within 90 days of the original despatch date.
For full details of our Returns Policy and Procedures, please click here
8. If there is a problem with a product
If you have a fault in one of the items purchased from us or have been sent an incorrect item please call or email our customer service team who will do what they can to help.
Faulty items will only be accepted within 6 months of the original purchase date.
The Consumer Rights Act 2015 says that products must be fit for purpose and of merchantable quality. They must also be as described. During the expected lifespan of your product, your legal rights entitle you to the following:
Up to 30 days: if the product is faulty you are entitled to a full refund
Up to 6 months: if the products cannot be repaired or replaced, providing the garments have not been misused, in most cases you are entitled to a refund
9. Your personal information
10. Image use agreement
You may choose to provide us with personal images or content for us to use. Before we publish any content we will gain your permission to do so. By granting us your permission you acknowledge and warrant that you own the content and that there are no other parties who have ownership or claims over the content.
This means that you allow us to have a non-exclusive and non-revocable commercial right to reproduce this content in any form that we choose.
This may include but will not be limited to; social media pages, blog posts, email, website and display.
Where commercially reasonable we will provide credit for your content but you agree that this is neither compulsory nor is it dependant on your consent being granted.
You also waive any rights in regards to any finished work that incorporates the content or the copy and you waive any claims to royalties with regards to your content or our finished work.
Should you not agree to this clause then we fully understand but ask that you don’t provide us with any personal images or content.
11. Copyright and trademarks
All content on our website, including photographs, text, images, graphics, icons and logos, is the property of Curvy Kate Limited, its affiliates or its content suppliers and is protected by intellectual property laws in England and Internationally and may not be used without our written consent.
12. Damages and Liability
We are responsible to you for foreseeable loss and damage if caused by us.
Should we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation and for defective products under the Consumer Protection Act 1987
We are not liable for business losses as we only supply the products for domestic and private use.
If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Changes to this policy
We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time.
You will be subject to the Terms and Conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable it will not affect the validity and enforceability of any remaining conditions.
14. Governing law and jurisdiction
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Nobody else has any rights under these terms and conditions.
We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15. Resolving disputes
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/
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