Terms & Conditions
These terms (“the Terms”) set out the terms and conditions governing Your use of this website. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN connection with any order or purchase MADE by You for any OF THE goods made available at this website (the “Embrace Products”). theSE TERMS have been designed to create a legally binding agreement between You and Us, protecting your rights as a valued customer and our rights as a business. By using this website and/or BY placing any order or purchasing any of the Embrace Products, you accept and agree to be bound by these Terms. These Terms may be subject to amendment AT ANY TIME, so You should carefully read them prior to placing any order.
THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
If you do not agree with these Terms, please do not use this website FOR ANY PURPOSE.
For the purposes hereof, the expression “Us” / “Our” / “We” / “the Vendor” means Embrace Dearaí Nuálacha Teoranta trading as Embrace and having its principal place of business at Pairc Gno, Baile an tSagairt, Spiddal, County Galway, Ireland, email: firstname.lastname@example.org and the expression “You” / “Your” means a user of this website.
USE OF OUR WEBSITE
The Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. You agree that:
- You may only use the website to make legitimate enquiries or orders.
- You will not make any speculative, false or fraudulent orders. If We are reasonably of the opinion that such an order has been made, We shall be entitled to cancel the order and inform the relevant authorities.
- You undertake to provide correct and accurate e-mail, postal and/or other contact details to Us and acknowledge that We may use these details to contact You in the event that this should prove necessary in relation to your enquiry, order and/or request (see our Privacy Statement).
- If You do not give Us all of the information requested at the time You place an order, we may not be able to accept and fulfil your order.
By placing an order through the website, You represent and warrant that You are at least 18 years of age and are legally capable of entering into binding contracts.
The Embrace Products offered on this website are only available in Europe at this time. Steps to move toward worldwide distribution are being taken and We hope to have this in place soon.
No contract in respect of any of the Embrace Products shall exist between You and Us until your order has been accepted by Us.
To place an order, You will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After this, You will receive an e-mail from Us acknowledging that We have received Your order (the "Acknowledgement of Receipt"). Please note that this does not mean that Your order has been accepted, it is an initial acknowledgment of receipt only. Each order is subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms acceptance of the order and that the product has been (or will be) dispatched to You (the “Order Confirmation”). We will not be bound to supply any other products which may have been part of your order until the order has been accepted and the dispatch of such Embrace Products has been confirmed in an Order Confirmation.
AVAILABILITY OF PRODUCTS
All orders for Embrace Products are subject to availability. In the event of supply difficulties or an Embrace Productis no longer in stock, We shall notify You accordingly. We reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If You do not wish to order such substitute products, We will refund any monies that You might have paid.
We reserve the right to withdraw any Embrace Product from this website at any time and/or remove or edit any materials or content on this website.
Whilst We will use commercially reasonable efforts to process all orders, exceptional circumstances, outside of Our reasonable control, may arise which may make it difficult or impossible to process Your Order. We reserve the right to refuse or cancel the affected order in such circumstances on notice to You.
YOUR RIGHT TO CANCEL – the "Cooling Off" period
If You are contracting as a consumer, You may cancel Your order for the Embrace Products at any time prior to shipment, or up to 7 days from the date that You receive the Embrace Products. In this case, You shall receive a full refund of the price paid for the Embrace Products subject to and in accordance with our returns policy described below.
Your right to cancel Your order and/or Contract for the Embrace Products and to receive a full refund only applies to Embrace Products that are returned in the same condition as You received them - this means in the original packaging and unworn. You should also include all of the products instructions, documents and wrappings along with details of your proof of purchase. You will be responsible for the cost of returning the Embrace Product to Us. Any Embrace Product which is damaged or not in the same condition as You received it or which has been opened and worn or washed or where packaging has been tampered with will not be refunded. You should therefore take reasonable care of the Embrace Product(s) while they are in Your possession.
The return of a gift card shall be governed by the Use Conditions of the Gift Card.
Subject to the provisions of Clause 5 (Availability of Products), We will endeavour to fulfil your order for Embrace Products listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 30 days of the date of the Order confirmation. Reasons for delay could include:
- Specialized items;
- Unforeseen circumstances; or
- Delivery area.
With regard to a virtual gift card, We will send it on the date indicated by You when You place Your order. If for some reason We are unable to deliver on this date We will inform you of this situation and give You the option to continue with the purchase with a new delivery date or alternatively cancelling the order and reimbursing You with the full amount paid, as applicable.
For the purposes of these Terms, "delivery" shall be deemed to have taken place at the time that receipt of delivery of the order is signed for at the delivery address provided by You, although the virtual gift card shall be deemed to be delivered in accordance with the Use Conditions of the Gift Card, and in all cases on the delivery date of the virtual card to the e-mail address indicated by You.
UNABLE TO DELIVER
If You are not home or otherwise unavailable to accept Your order when We deliver it, We may leave it with a neighbour or in another suitable and safe place. Alternatively, We may take it back to Our facilities and/or arrange for its redelivery or collection at another time, subject to Your payment of applicable delivery charges.
For postal deliveries if you are not available to accept your order when we deliver it, your order will be sent to the post office for collection, please see your delivery docket for information on which post office your order will be available from for pick up and their terms and conditions. For Courier deliveries, three attempts to deliver will be made on three consecutive days after which Your order will be returned to Us.
RISK AND TITLE
All risk of damage to or loss of the Embrace Products will pass to You on delivery. Title to such Embrace Products will only pass to You when we receive full payment of all sums due (including delivery charges) in respect of such Embrace Products, or upon delivery should this be later.
PRICE AND PAYMENT
The price of the Embrace Products shall be as quoted from time to time on our website, except where there is an apparent error. Whilst We take care to ensure that all prices quoted on our website are accurate, errors may occur. If We discover an error in the price of any Embrace Product(s) You have ordered, We will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If We are unable to contact You, the order will be treated as cancelled and if You have already paid for the Embrace Product You will receive a full refund.
We are under no obligation to sell the Embrace Product(s) to You at the incorrect (lower) price (even after We have sent You an Order Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as such.
All prices for the Embrace Products are subject to Value Added Tax, unless a valid tax exemption applies. The full price inclusive of VAT is displayed for each product. Prices and delivery charges may change at any time but (except as provided above) any potential change will not affect any order regarding which an Order Confirmation has been sent.
Once You have finished shopping, all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:
- Click the "Shopping bag" button at the top of the page.
- Click the "View Shopping Cart" button.
- You will be given the option to estimate shipping charges and apply any discount codes
- Click the "Proceed to Checkout" button.
- You will be given the option to checkout as a guest or to register for your future convenience
- Fill in your billing and shipping information
- Choose your choice of shipping method (please see delivery policy for more information)
- Enter the details of your card.
- Review your order
- Click on accept terms and conditions button
- Click on "Authorise payment"
You can pay using Visa, Visa Electron, Visa Debit, V Pay, Mastercard, American Express, Maestro, Discover, Diners Club or JCB cards. Similarly, You can pay all or part of the price of your order with a gift card or voucher issued by Us. To minimise the risk of unauthorised access, We encrypt your card data. Once We receive Your order, We will request pre-authorisation on Your card to ensure there are sufficient funds available to complete the transaction. The charge to Your card will be made once Your card has been authorised. If Your form of payment a gift card or voucher issued by Us, the charge will be made the moment We confirm the order. If you click on "Authorise Payment" You are confirming that the card belongs to You or that You are the legitimate holder of the gift card or the credit voucher card.
We use SSLto ensure payment is made safely. Cards are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery and We will not be able to form any contract with You in respect of your order.
EXCHANGE / RETURNS POLICY
In addition to your right during the cooling off period as described in Clause 6 above, if You're not completely happy with an item, We'll exchange it, provided that it's returned to Us in its original condition and packaging, unworn, unwashed, and with all labels intact within a period of 14 days from the date of its delivery to You. Please note that in the interests of hygiene or safety reasons: lingerie, underwear and garments with microencapsulation cannot be returned if the packaging has been opened or damaged and/or the Embrace Product has been used or worn, unless faulty. All items returned must be in their original condition. Exchange is limited to exchange for the same Embrace Product, of a different size or colour.
Returns of defective products
In circumstances where You consider that the Embrace Product does not conform to the contract at the time of delivery or otherwise fall within a valid warranty claim, You should promptly contact us via email with details of the product and its damage. Alternatively You can contact us by telephone at +353 91 504993 where You will receive instructions from Us.
Upon receipt of the returned Embrace Product, We will fully examine it and notify You of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 30 days of the day We confirmed to You via e-mail that You are entitled to a refund or replacement for the non conforming product.
In case of existence of any defect, the price paid by You for the defective Embrace Product will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by You in returning the item. We will always refund any money using the method used to make payment.
This provision does not affect your statutory rights.
LIABILITY AND DISCLAIMERS
Our liability in connection with any Embrace Product purchased through our web site is limited to the purchase price of that Embrace Product.
Nothing in these Terms shall exclude or limit in any way Our liability:
- for death or personal injury caused by Our negligence;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal or unlawful for Us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; and
- waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, We hereby disclaim all other warranties, representations and conditions of any kind. We do not warrant, represent or claim that any Embrace Product, which is advertised or marketed as a slimming product or an aid to slimming, will result in slimming 100% of the time. The results of relevant trials concerning such [slimming] Embrace Products are published at this website.
Nothing in this clause will affect Your statutory rights as a consumer, or Your Contract cancellation rights.
The acknowledge and agree that the Embrace Products incorporate or make use of patented technologies, registered trade marks, design rights, know-how and/or other intellectual property rights which are owned and/or controlled by Us.
You further acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in Us. You are permitted to use this website material only as expressly authorized by Us. This does not prevent You using this website to the extent necessary to make a copy of any order or contract details.
No licence to use any Intellectual Property is granted or implied by the Terms except the rights expressly granted herein.
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.
All notices given by You to us should be given to us preferably via our web form. Subject to and as otherwise specified in clause 14 above, We may give notice to You at either the e-mail or postal address You provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on Our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any 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.
The agreement recorded herein and in any subject order or contract made by You is personal to You and 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.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order or contract for the Embrace Products that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any order or contract for the Embrace Products shall be 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 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.
No waiver of or failure by Us to act regarding any breach of these Terms shall constitute a waiver of any other breach.
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between You and Us in relation to the subject matter of Your Order and/or contract for the Embrace Products and supersede any prior agreement, understanding or arrangement between You and Us, whether oral or in writing. By entering into and such contract for the Embrace Products, You acknowledge that you have not relied on any representation, undertaking or promise given by Us or be implied from anything said or written in negotiations between You and Us prior to such contract except as expressly stated in these Terms.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Ireland.
We welcome Your comments and feedback. Please send all feedback and comments to Us via our web form.