Information about us
1.1 www.bowerswimwear.com (“Website”) is provided to you by Bower Swimwear Ltd. (“us”, “we” or “our”).
1.2 Our registered office is Springfield Villa, Lansdown Rd, Bath BA1 5RB, and our registered company number is 9338173, VAT number GB202 8525 35
1.3 You can contact us by email at email@example.com
2 Terms of purchase
2.2 These Terms of Purchase apply to any Contract (as defined below) for the sale of Products to you. Please read these Terms of Purchase carefully and make sure that you understand them before ordering any Products from us. Note that before placing an Order (defined below), you be will asked to agree to these Terms of Purchase.
2.3 These Terms of Purchase are only available in the English language.
3 Placing Orders
3.1 You may place an order for Products (an “Order”) via our Website.
3.2 When placing an Order, please ensure you provide complete and accurate information. Information we may require includes your title, first name, surname, phone number, email address, and delivery and invoicing addresses. It is your responsibility to ensure that the Order is correct and accurately reflects your selection. If an Order is not correct in any way, you must notify us immediately by contacting us by email at firstname.lastname@example.org
3.3 If you choose to place an Order via our Website, do take time to check your Order before submitting it.
3.4 After you place an Order, if you have provided us with your email address, you will receive an e-mail acknowledging that we have received your Order. However, this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 3.5 below.
3.5 We will communicate acceptance of your Order by sending you an e-mail with a tracking number once payment has been processed (“Confirmation”). A contract between us (“Contract”) will only be formed when we give you a Confirmation.
3.6 If you place an Order and we discover that the Product is out of stock or no longer available, we will inform you of this by e-mail. If you have bought multiple Products in one Order we will inform you by email that we are proceeding with the rest of the Order. We will not be under any obligation to supply the Product until we know we can supply it and we have given you a Confirmation.
3.7 If you place an Order for multiple Products and some of those Products are unavailable, we may process the Order in respect of the available Products.
4 Price and payment
4.1 Prices for our Products may change from time to time, but changes will not affect any Order you have already placed. We reserve the right to promote the same or similar products with varying offers depending on the advertising route and/or time.
4.2 All prices include any applicable UK VAT or other sales tax. Orders which are delivered outside of the UK may incur duties and taxes. You will be liable to pay any customs duties and/or sales taxes that are relevant to your order. Please consult your local customs office if your delivery is being delivered outside of the UK.
4.3 The price of a Product does not include delivery charges. Our delivery charges, if any, shall be made available to you on our Website or during the check-out process.
4.4 Our Website contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in connection with the price of the Products you have ordered, we will let you know as soon as possible after we become aware and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order in respect of that Product. We will not process your Order in respect of that Product until we have received your instructions. If we are unable to contact you using the most up to date contact details that we have for you, we will treat the relevant part of the Order as cancelled and notify you by email at the address provided to us, by telephone or post. Note that we shall not be obliged to provide the relevant Products to you at the incorrect (lower) price.
4.5 Our Website sets out the methods of payment that we are able to accept.
4.6 Products that are the subject of an Order will not be dispatched until payment for all of the Products that are the subject of that Order has been received in full by us. If we have only taken pre-authorisation for payment of an Order on accepting that Order, we will process that payment before we deliver the Products to you.
4.7 Payments for all Products must be paid in Pound Sterling or such other currency as stated on our Website from time to time.
5.1 We only deliver Products to countries specified on our Website during the check-out process. We currently do not offer shipping to PO Box addresses.
5.2 We will arrange for delivery of the Products using our chosen delivery partner. We aim to deliver Products to you as soon as we can but we cannot guarantee delivery on or by a specific date. If you have not received your order within 10 working days from receipt of the Confirmation email please contact us directly at email@example.com and we will look into your request.
5.3 We may deliver Products in several consignments but will not charge you any extra delivery charges for this.
5.4 We offer an express delivery service to any address within the mainland UK for the fee shown on our Website during the check-out process. Although this is a next working day delivery service, delivery may take longer for certain remote areas in the mainland UK.
5.5 Risk of any damage to or loss of the Products shall pass to you at the time of delivery.
5.6 Once an Order has been placed it is not possible to have the shipment redirected to an alternative address. Please ensure that you provide a suitable shipping address for the specified delivery times.
5.7 Ownership of Products that are the subject of an Order will only pass to you when we receive full payment of all sums due in respect of that Order, including delivery charges (if applicable).
6.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours on your computer or device accurately reflects the true colour of the Products. Your Products may vary slightly from those images.
6.2 Certain Products (including handcrafted Products) will contain characteristics which may be inconsistent with other units of the same Product due to either the natural characteristics of the materials used or due to the nature of the manufacturing process. Any minor inconsistencies in characteristics such as grain, texture, knots and colour variation will not be classed as faults or defects.
6.3 Please note that Products made from woven threads (such as the Cosmic Dancer group) are delicate and may snag or pull against jewellery or watches. Handle with extra care and remove all jewellery before handling, wearing or trying on the garment. Dry Clean Only.
6.4 Any Products purchased must not be resold or made available for resale on a commercial basis.
7 Right to change your mind
7.1 In addition to your other legal rights, if you place your Order from the UK, Channel Isles or Isle of Man, you have (subject to certain exceptions) the right to change your mind in respect of one or more Products and to get your money back in accordance with the terms set out below.
7.2 Your right to change your mind starts from the date of the Confirmation email relating to the Contract and ends 14 days after the date on which you received all of the Products that are the subject of the relevant Contract.
7.3 Unfortunately, you do not have a right to change your mind a) in respect of any Products that have been made to your specification or are clearly personalised, such as where the Products are tailor-made or you have requested that they contain your name or initials or b) if you placed your Order from outside the UK, Channel Isles or Isle of Man or c) in respect of any Products which have been heavily discounted (such as sale items). Please note that heavily discounted Products will not be delivered in our signature packaging.
7.4 If you wish to exercise your right to change your mind, you must notify us within 14 days of the date of the Confirmation email. You may notify us by emailing firstname.lastname@example.org
7.5 If you exercise your right to change your mind, you must return the Products to us in accordance with our Return Policy (see further below) as soon as reasonably possible and in any event within 14 days of you notifying us that you are changing your mind.
7.6 If you exercise your right to change your mind, we will happily offer you a full refund (excluding delivery charges) subject to the conditions below.
7.7 All items must be returned unused, with tags attached and in a fully resaleable condition. Please take care not to damage Products when examining them as certain delicate products are made from materials which are susceptible to snagging. We may make a deduction up to the full value from any refund payable to you to take into account the loss in value of the rejected Products if the loss is the result of unnecessary handling by you.
7.8 Any refunds payable by us to you shall be paid to you using the same method used to pay and within 14 days of the earlier of the date that:
(a) we receive the relevant Products back from you; or
(b) you provide evidence that you have returned the Products to us at the correct address.
7.9 If you exercise your right to change your mind prior to the Products being dispatched, we will refund you within 14 days of the date on which you notified us of your decision to change your mind.
7.10 If you have not received a refund, please check your bank account and, if applicable, contact your credit card company. It may take some time before the refund appears on your statement. If you have done this and still have not received the refund, please contact us at email@example.com
8 Faulty Goods
8.1 We are under a legal obligation to supply Products in conformity with the Contract.
8.2 As a consumer, you have legal rights in relation to Products that are faulty. These legal rights are not affected by your right to change your mind or anything else in these Terms of Purchase. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.3 If a Product is faulty, please notify us within 30 days of receipt of your purchase by email to firstname.lastname@example.org and promptly return it to us in accordance with our Return Policy (see clause 9 below).
8.4 Subject to the clause below, we will offer you a full refund (partial or full) or replacement for Products which are faulty.
8.5 Any minor inconsistencies between units of the same Product in characteristics such as grain, texture, knots and colour variation will not be classed as faults or defects.
9 Return Policy
9.1 You may return purchased Products for a refund in accordance with your right to change your mind or if we have supplied you with faulty Products.
9.2 Except where Products supplied to you are faulty, you are responsible for the costs of returning the Products.
9.3 Unless we tell you otherwise, if you wish to return Products to us, please ensure that you:
(a) Email email@example.com and obtain an authorisation number by inserting your order number and email;
(b) Include the authorisation number on the returns form that was included in your Order;
(c) include a copy of the invoice with the returned Product;
(d) retain proof of posting; and
(e) follow any other reasonable instructions given by us.
If you don’t comply with this Return Policy such that we don’t receive back the Products in a timely manner, it may not be possible for us to process any refund due.
9.4 Please return all Products to us at Bower Swimwear, 4 Impasse Jean Mermoz, 64200 Biarritz, France or such other address specified by us. You will have to bear the costs of returning the goods. If you are returning your goods from outside the UK, please return the item using a courier company such as UPS, DHL, Fedex or TNT.
9.5 If we are unable to accept a returned Product, we will contact you using the most up to date contact details provided to us. If we are unable to accept a returned Product, we will, at your request, return the Product to you at your cost or make it available for collection.
9.6 If you would like to exchange your item we recommend returning your Product for a refund in accordance with your right to change your mind and with this Return Policy and placing another Order.
10 Limitation of liability
10.1 We only supply goods for domestic and private use. Accordingly, we shall not be liable to you for any loss of data, loss of profit or business interruption or for any business losses or any indirect, special, incidental or consequential loss that you may incur as a consequence of our failure to comply with the Contract.
10.2 Nothing in these Terms of Purchase is intended to exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) any matter for which it would be illegal for us to exclude or to attempt to exclude or liability.
11 Events beyond our reasonable control
11.1 We will not be responsible for any delay or failure to comply with our obligations under the Contract if the delay or failure arises from any cause which is beyond our reasonable control. This does not affect your statutory rights.
11.2 If any act or omission outside of our reasonable control takes place that affects the performance of our obligations: a) we will contact you as soon as reasonably possible; and b) our obligations under these Terms of Purchase will be suspended and the time for performance will be extended for the duration of the event outside its reasonable control.
12 Transfer of rights and obligations
12.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign or otherwise dispose of any part or all of this Contract.
12.3 We may transfer, assign, charge, sub-contract and/or otherwise dispose of part or all of this Contract at any time.
13.1 If we fail, at any time to insist on strict performance of any of your obligations under our Contract, or if we fail to exercise any of our rights or remedies, this shall not constitute a waiver of our rights or remedies and shall not relieve you from compliance with your obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these Terms of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14 Our right to vary these terms of purchase
We have the right to amend these Terms of Purchase from time to time. However, each Contract will be subject to the Terms of Purchase that were in force at the time of your Order, except to the extent that any change is required by law, regulation or governmental body (whether before or after we give you a Confirmation), or we notify you of any changes to these Terms of Purchase before we give you a Confirmation.
15 Applicable law and jurisdiction
These Terms of Purchase shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English courts.