Terms & Conditions

Welcome to the Bodylite website terms and conditions for use. These terms and conditions apply to the use of this website at www.bodylitegear.com. By accessing this website and/or placing an order, you agree to bound by these terms and conditions.

Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

The www.bodylitegear.com website is owned and operated by Bodylite.

Our contact details are as follows:

Cheetah Electronics
C/o Bodylite
Ballon,
Co.Carlow, R93 VX65
Republic of Ireland

For all enquires:
sales@bodylitegear.com

1. INTRODUCTION

1.1 You will be able to access most areas of this Website without registering your details with us.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

1.3 If you have any concerns about material on our side, please contact us by email at sales@bodylitegear.com.

2. ORDERING FROM US

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.2 Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made, unless we have notified you that we do not accept your order or you have cancelled your order.

  • d) if you do not meet any eligibility criteria set out in our terms and conditions:
    e) if we do not deliver to your area

Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.

3. PRICING

3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

4. DELIVERY

4.1 We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 30 days of your order.

4.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writhing, at our contact address, of the problem within 10 working days of the delivery of the goods in question.

4.3 If you do not receive goods ordered by you within 30 days of the date which you ordered them, we shall have no liability to you unless you notify us in writhing at our contact address of the problem within 10 days of our maximum delivery period of 30 days from the date on which you ordered the goods.

5. LIABILITY

5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writhing, at our contact address, of the problem within 10 working days of the delivery of the goods in question.

5.2 If you do not receive goods ordered by you within 30 days of the date which you ordered them, we shall have no liability to you unless you notify us in writhing at our contact address of the problem within 40 days of the date on which you ordered the goods.

5.3 If you notify a problem to us under the condition, our only obligation will be, at your option:

  • (a) To make good any shortage or non-delivery;
    (b) To replace or repair any goods that are damaged or defective; or
    (c) To refund to you the amount paid by you for the goods in question in whatever way we choose.

5.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) however so arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund you the amount paid by you for the goods in question under clause 5.3 c) above.

5.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

5.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a customer under applicable local law or other statutory rights that may not be excluded nor in any way exclude or limit our liability to you for any death or personal injury resulting from our negligence.

6. Cancellation of contracts for goods and returns policy – for consumers only

6.1 This section applies to consumers only (and not to business or other organisations) who order goods.

6.2 If you wish to cancel your order:

  • a) You can notify us by email to sales@bodylitegear.com before we have despatched the goods to you; or
    b) Where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 above.

6.3 You can cancel goods you have ordered from us for any reason at any time within 14 working days after the day of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.

6.4 We will give you a full refund of the amount paid within 30 days or an exchange credit as required, less (if for any reason the costs have not been paid by you) the costs of delivery to us.

6.5 The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances.

  • • In the event that the product has been used.
    • To any products that we have made or customised specifically for you

The provisions of this clause 6.5 do not affect your statutory rights.

7. LICENCE

7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

  • a) No documents or related graphics on this Website are modified in any way;
    b) No graphics on this Website are used separately from accompanying text; and
    c) Any of our copyright and trademark notices and this permission notice appear in all copies.

7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purpose of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.

7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronics retrieval system or service without our prior permission.

7.4 Any rights nor expressly granted in these terms are reserved.

8. SERVICE ACCESS

8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

8.2 Access to this Website may be suspended temporarily and without notice on the case of system failure, maintenance or repair or for reasons beyond our control.

9. VISITOR MATERIAL AND CONDUCT

9.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligation with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

9.2 You are prohibited from posting or transmitting to or from this Website any material:

  • a) That is threatening, defamatory, obscene indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
    b) For which you have not obtained all necessary licenses and/or approvals;
    c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Ireland or any other country in the worlds; or
    d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)

9.3 You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent you affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users)

9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.

9.5 It is your responsibility to determine that your input into our site conforms to the above conditions. Remember that the site and your content may be accessed by children.

9.6 If you notice any content which breached these conditions, please notify us by email to sales@bodylitegear.com.

10. LINKS TO AND FROM OTHER WEBSITES

10.1 Links to third party websites on this Website are provided solely for you convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse to make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

10.2 If you would like to link this Website, you may only do so on the basis that you link to; but do not replicate, the home page of this Website, and subject to the following conditions:

  • a) You do not remove, distort or otherwise alter the size or appearance of the Bodylite logo;
    b) You do not create a frame or any other browser or border environment around this Website;
    c) You do not in any way imply that we are endorsing any products or services other that our own;
    d) You do not misrepresent your relationship with us nor present any other false information about us;
    e) You do not link from a website that is not owned by you; and
    f) Your website does not contain content that is distasteful, offensive or controversial, infringes property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.

10.3 You shall fully indemnify us for any loss or damage we or any other group companies may suffer or incur as a result of your breach of clause 10.2.

11. DISCLAIMER

11.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we may make no commitment to update such material.

11.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might effect in relation to this Website.

12. LIABILITY

12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any other group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount of kind of loss or damage that may result to you or third part (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from, or connected in any way to business interruption, and whether in tort (including, without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any website linked to this Website.

12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (ii) fraud; (iii) misrepresentation as to a fundamental matter; or 9iv) any liability which cannot be excluded or limited under applicable law.

12.3 If your use of material on this Website results in the need for serving, repair or correction of equipment, software or data, you assume all costs thereof.

12.4 You agree, on behalf of yourself and your business entity or organisation, jointly or severally to indemnify us fully, defend and hold us, and our offices, directors, employees and agents, harmless from and against all claims, liability, damages, loses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using registration details.

13. GOVERNING LAW AND JURISDICTION

13.1 These terms and conditions shall be governed by and constructed in accordance with Irish law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Irish courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

13.2 We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside of Ireland. It is prohibited to access the Website from territories where its content are illegal or unlawful. If you access this Website from locations outside of Ireland, you do so at your own risk and you are responsible for compliance with local laws.

14. MISCELLANEOUS

14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

14.3 No other person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act.

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