IMPORTANT INFORMATION

The following paragraphs appear in Section C of these Terms and Conditions, but we replicate them here for your convenience.

Fulfilment of your Order

Due to the wide range of styles and sizes covered by our website, and the specialist nature of many of our products, sometimes we may not have your particular size or colour selection in stock, and we will have to place a special order with our suppliers (certain of which are based in Europe and the USA) before sending your order to you. For this reason we ask you to allow 14 days for delivery, although we will make every effort to get your order to you sooner.

If you require a very urgent delivery of goods, please contact us and we will do what we can to assist you.

All goods featured on this website appear subject to availability. We aim to keep up to date with the stock available from our manufacturers and to update our website accordingly, however there will be occasions, especially with limited edition styles, where items become sold out before we can remove them from sale. If you do not agree with this policy then you should not order from this website.

If we cannot supply you with the product you ordered, we will not process your order further, we will inform you of this in writing (including e-mail) and we will refund you in full as soon as reasonably possible.

If we anticipate that there will be a delay in shipping a product to you we will also inform you of this in writing (including e-mail) giving you a reason for the delay and we will give you the choice of proceeding with your order and waiting for the delayed item or receiving a full refund as soon as reasonably possible.

The Terms and Conditions of this website now appear in full:

PART A: INFORMATION ABOUT EMBRACE

This website is owned and operated by Embrace (Cheltenham) Limited, a company registered in England and Wales (company registration number 8526127) whose registered office is at 23, Reindeer Court, Worcester, WR1 2DS. Our registered VAT number is 165 6955 65.

Unless we say otherwise, we use the terms “Embrace”, “we” and “us” on this page to refer to Embrace (Cheltenham) Limited (including throughout the Website Terms and Conditions and the General Terms and Conditions of Sale).

PART B: WEBSITE TERMS OF USE

These website terms and conditions (“Website Terms”) apply to your use of the Embrace website (the “Website”). You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference.

By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use this Website.

Other applicable terms and conditions

If you order an Embrace product through the Website, our General Terms and Conditions of Sale will also apply. You can view these below.

Your use of this Website

You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.

You may use, download and print content on the Website solely for your own personal use. Otherwise, you may not without our prior written consent:

• copy, reproduce, use or otherwise deal with any content on the Website;
• modify, distribute or re-post any content on the Website for any purpose;
• reproduce, crawl, frame, link to or deep-link into this Website on or from any other website
• use the content of the Website for any commercial exploitation whatsoever.

Ownership of rights

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Embrace. If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in user generated content that you submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website

Accuracy of content

To the extent permitted by applicable law, Embrace disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Embrace.

Damage to your computer or other device

Embrace uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Embrace shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

Links to other websites

We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Embrace cannot accept any liability in respect of the use of these websites.

Exclusions of liability

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably forseeable arising out of or in connection with these Website Terms or your use of the Website.

Except to the extent required by applicable law, Embrace shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.

These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Other legal notices

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms and our Privacy Policy (and, where applicable, the General Terms and Conditions of Sale) govern your use of this Website.

Third party rights

Only you and Embrace shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Entire Agreement

These Website Terms (including, where applicable, our Privacy Policy and our General Terms and Conditions of Sale) set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Law, jurisdiction and language

Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.

Changes to these Website Terms

We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.

PART C: GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through the Embrace website at www.embracecancerbeauty.co.uk (the “Website”). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.

Website Terms and Conditions

Whenever you use this Website to order an Embrace product, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering an Embrace product or service through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions.

Product and service descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:

• orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
• all prices are displayed in pounds Sterling inclusive of UK VAT where applicable unless expressly indicated otherwise
• packaging may vary from that shown on the Website;
• the weights, dimensions and capacities shown on the Website are approximate only;
• whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery
• all items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher quality and value which you are at liberty to decline.

Opening an Account and Placing an Order

To place an order, you can open an account with us which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout You confirm that all information and details provided by you to us are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account. When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. Embrace shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

When you order through the Website via our guest checkout you will still need to provide us with certain compulsory personal information in order for us to process your order. We will not store the details that you provide via guest checkout save for processing your order.

To see how your personal information will be used and stored please read our Privacy Policy.

Acceptance of your order

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. Our acceptance of your order will take place only when we despatch the product(s). Prior to despatch of the product(s), Embrace has the right to decline an order for any reason, including legal and regulatory reasons. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. The duration of our contract with you will start from when we dispatch the products, until the last day of your right to cancel.

Payment

All products that you order through the Website will remain the property of Embrace until we have received payment in full from you for those products.

During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.

All card payments are subject to authorisation by your card issuer. If your payment is not authorised and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

Fulfilment of your Order

Due to the wide range of styles and sizes covered by our website, sometimes we may not have your particular size or colour selection in stock, and we will have to place a special order with our suppliers (certain of which are based in Europe and the USA) before sending your order to you. For this reason we ask you to allow 14 days for delivery, although we will make every effort to get your order to you sooner. If you require a very urgent delivery of goods, please contact us and we will do what we can to assist you.

All goods featured on this website appear subject to availability. We aim to keep up to date with the stock available from our manufacturers and to update our website accordingly, however there will be occasions, especially with limited edition styles, where items become sold out before we can remove them from sale. If you do not agree with this policy then you should not order from this website.

If we cannot supply you with the product you ordered, we will not process your order further, we will inform you of this by email and we will refund you in full as soon as reasonably possible.

If we anticipate that there will be a delay in shipping a product to you we will also inform you of this by email, giving you a reason for the delay and we will give you the choice of proceeding with your order and waiting for the delayed item or receiving a full refund as soon as reasonably possible.

Packaging of your Order – lingerie and clothing

In the case of lingerie or clothing products, some of our products are received from the manufacturer in boxes, whereas others are packaged in cellophane or plastic bags. It is our practice to remove such packaging, to wrap products in tissue paper and sent them to you in a postal bag (except in the case of moulded cup bras which will usually be boxed prior to posting).

If you wish your product to be packaged in a different way please add a note to your order and we will do our utmost to assist, although we reserve the right to charge a small fee if necessary.

Delivery and Collection

Delivery charges are set out at Checkout. Delivery will be to the address specified in your order.

We use the Royal Mail Signed For 1st Class service for delivery of items to you. This service aims to deliver your parcel the next working day and provides proof of delivery including a signature from the receiver, and we are able to check on line that your item has been safely delivered. Royal Mail Signed For is not classed as a “tracked” product but we can use Track and Trace to see an electronic signature online, so if your parcel has been signed for by a neighbour or colleague we can pass this information on to you.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.

Delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau).

Delays

Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.

Changes to your order

Any changes to your order must be notified to us in writing and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and / or the price you pay for the item (you will be charged the current selling price on the day you amend your order).

Returns Policy – Non-returnable items

We regret that the following items cannot be returned:

• Gift vouchers
• Briefs
• Secret Weapons and Bye Bra Accessories

Returns Policy – all other items

• If you are not completely happy with an item we will exchange it or give you a refund provided that it is unworn, unwashed, unmarked, with all labels attached and in its original packaging, complete with any original accessories.
• In order that we can provide your exchange or refund please ensure that all swimwear is tried on over your own underwear and that bras and clothing items do not come into contact with tobacco smoke, makeup, perfumes or lotions, as presence of any of these items or any evidence of wear will invalidate our refunds and exchange policy.
• You must return any items to us within 14 days of the date upon which you received them, as any returns received outside this period will not be accepted.
• The item must be returned with the original order documentation or a copy of it.
• All return costs are the responsibility of the purchaser, therefore we suggest that items are sent to us by an insured method such as Special Delivery, which will provide you with compensation in the event of an item being lost.
• Please ensure that you pay the correct postage fee before returning an item: if you do not pay the full postage cost and we are charged a fee by the carrier to deliver your return, we reserve the right to deduct this from your refund.
• Please allow up to 14 days for refunds to be processed.
• Should there be a difference in price on an item to be exchanged, you will need to telephone us with your card details in order that we can take payment and despatch the replacement item.
• If a credit is due to you on an exchange we will arrange for a payment to be made direct to your payment card within 14 days of the replacement item being despatched.
• Your statutory rights are unaffected.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

• Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel the contract for the purchase of any item (apart from items made to your specification, clearly personalised items, or items which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly)
• This right may be exercised at any point from the time of ordering up to and including the fourteenth working day after delivery.
• If your order consists of multiple goods, the 14 days runs from when you receive delivery of the last item
• To cancel a contract, you need to let us know by email, within the specified time period, stating the order number and giving your clear instructions to cancel the order.
• If we have already shipped your order, you will need to package all the items and send them back to us at your cost.
• You must send the items back within 14 days of notifying us that you wish to cancel your order
• Failure to return the items will result in us arranging to collect them from you at your cost and charging you for this.
• We will refund you for the items within 14 days of receipt of your notification to cancel (if the goods have not yet been sent out) and within 14 days of receipt of the returned goods (if the goods have been sent out).
• If the cost of your order included a charge for postage we will also refund this but the amount refunded will be limited to the cost of Standard postage only.
• We are entitled to make a deduction from the refund amount if the value of the returned good has been reduced as a result of you handling them excessively (the extent to which you may handle the goods is that same as if you were examining them in our boutique)
• These Regulations are in addition to your other legal rights

PART D: PRIVACY AND COOKIE POLICY

Privacy Policy

We respect your right to privacy and will only process personal data you provide to us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws.

If you have any questions about how we collect, store and use personal data, or if you have any other privacy-related questions, please contact us and ensure that you include your name and contact details. Children

We do not and will not knowingly collect information from any unsupervised person under the age of 18. If you are under the age of 18, you must not use this Website or submit any personal data to us unless you have the consent of, and are supervised by, a parent or guardian.

The personal data we collect about you

When you make purchases from Embrace (including purchases made in-store, over the phone, or via this Website) we may collect the following personal data about you:

• your name, age and sex;
• your billing and delivery postal addresses, phone, fax and e-mail details;
• where you have registered with us, your user name and password;
• where you place an order with us, your payment card details;
• your communication and shopping preferences;
• your browsing and online shopping activities; and
• your date of birth.

We may also collect some or all of the above personal data about you when you access and browse this Website, including when you sign up to receive any Embrace newsletters. We may also collect some or all of this personal data from third parties who have your consent to pass your details to us.

How we may store and use your information

Embrace (and third party data processors acting on our behalf) may collect, store and process your personal data:

• to make this Website available to you and to provide you with content which is tailored to your individual tastes;
• to maintain any registered account that you hold with us;
• with your agreement, to contact you (including by e-mail) about promotional offers and products and services which we think may interest you and for customer satisfaction and market research purposes;
• to provide our goods and services to you and for associate purposes, including verifying your identity;
• for research, analysis, testing, monitoring, risk management and administrative purposes; and
• for any related purposes, or where we have a legal right or duty to use or disclose your information (including for crime and fraud prevention and related purposes).

We also process your payment card details in order to complete any purchase that you make through this Website and, in certain instances, disclose your personal data to third party credit reference agencies to perform credit checks against you.

In addition, we may collect anonymised details about visitors to our Website for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from the anonymised details that we collect for these purposes.

Except as set out in this privacy policy, we will not disclose, sell or rent your personal data to any third party. If you do consent but later change your mind, you may contact us and we will cease any such activity.

In the event that a third party acquires all or part of our business and/or assets, we may disclose your personal data to that third party in connection with the acquisition. Furthermore, we reserve the right to disclose your personal data to third parties as part of any business or asset sale carried out because Embrace has gone into insolvency or any similar situation, but only where lawful and compliant with the Data Protection Act 1998. We may also disclose your personal data where necessary to comply with applicable law or an order of a governmental or law enforcement body. Personalised banner advertising

If you browse this Website you may receive personalised banner advertisements whilst browsing other reputable websites. We are committed to providing you with information on products and offers which are relevant to you. Any banner advertisements you receive will relate to products which have been viewed whilst browsing this Website on your computer or other device. This service is provided by Embrace via a reputable third party specialist provider, through the use of ‘cookies’ placed on your computer or other device (see further information on the use of cookies in the section below). Cookies can be removed or disabled altogether – see below for further information.

Targeted updates and marketing

If you have agreed that we can contact you for marketing purposes we may send you emails and other communications relating to products and services which we think will be of interest and relevance to you as an individual. We do this by monitoring the browsing and online shopping habits of customers and providing them with information on products they have viewed and related products. International transfers

We may transfer personal data that we collect from you to third party data processors located in countries that are outside of the European Economic Area in connection with the above purposes. Please be aware that countries which are outside the European Economic Area may not offer the same level of data protection as the United Kingdom, although our collection, storage and use of your personal data will continue to be governed by this privacy policy.

Cookie PolicyWhat are cookies?

This website uses cookies to collect information. Cookies are small data files which are placed on your computer or other mobile or handheld device (such as smart ‘phones or ‘tablets’) as you browse this website. They are used to ‘remember’ when your computer or device accesses this website. The cookies are essential to the effective operation of our website and to enable to you shop with us online. Cookies are also used to tailor the products and services offered and advertised to our customers, both on this website and elsewhere. Information collected

Some cookies collect information about browsing and purchasing behaviour by people who access this website via the same computer or device. This includes information about pages viewed, products purchased and the customer journey around a website. We do not, however, use cookies to collect or record information on users’ name, address or other contact details. Embrace is able to use cookies to monitor individual customer browsing and purchasing behaviour but third parties are not able to identify customers using cookies.

Who sets the cookies?

The cookies stored on your computer or other device when you access this website are set by Embrace, our suppliers who partner with us to help deliver a high quality website and on-line shopping experience, and other third parties. Some cookies are set by or on behalf of Embrace and are necessary to enable customers to a make purchases on our website.

What are cookies used for?

The main purposes for which cookies are used are:

• For technical purposes essential to effective operation of website, particularly in relation to on-line transactions.
• To drive Embrace marketing, particularly banner advertisements and targeted updates which are explained in more detail elsewhere in the Privacy Policy.
• To enable Embrace to collect information about the browsing and shopping habits and activities of customers, including to monitor the success of campaigns, competitions etc.
• To enable Embrace meet any contractual obligations to make payments to third parties when a product is purchased by someone who has visited our website from a site operated by those parties.

How do I disable cookies?

If you want to disable cookies you need to change your website browser settings to reject cookies. How to do this will depend on the browser you use and we provide further detail below on how to disable cookies for the most popular browsers:-

For Microsoft Internet Explorer:

1. Choose the menu “Tools” then “Internet Options” 2 Click on the “Privacy” tab 3 Select the setting the appropriate setting

For Mozilla firefox: 1. Choose the menu “Tools” then “Options” 2 Click on the icon “Privacy” 3 Find the menu “Cookie” and select the relevant options

For Opera 6.0 and further 1. Choose the menu “Files” > “Preferences” 2 Privacy

What happens if I disable cookies?

This depends on which cookies you disable, but in general the site may not operate properly if cookies are switched off. If you only disable 3rd party cookies you will not be prevented from making purchases on this site. If you disable all cookies you will be unable to complete a purchase on this site.

Security

We use Internet standard encryption technology (“SSL” or “Secure Socket Layer” technology) to encode personal data that you send to us when placing an order through the Website. To check that you are in a secure area of the Website before sending personal data to us, please look at the bottom right of your website browser and check that it displays an image of a closed padlock or an unbroken key.

However, please note that whilst we take appropriate technical and organisational measures to safeguard the personal data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us.

If you are using a computer or terminal in a public location, we recommend that you always log out and close the website browser when you complete an online session for your security. In addition we recommend that you take the following security measures to enhance your online safety:

• Keep your account passwords private. Remember, anybody who knows your password may access your account.
• When creating a password, use at least 8 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. We also recommend that you frequently change your password. You can do this by going to ‘My Account’ and clicking ‘Change name, email or password’,
• Avoid using the same password for multiple online accounts.

Spoof/false emails

We will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from embracecancerbeauty.co.uk asking you to do so, please ignore it and do not respond.

Your rights

You have the following rights:

• the right to ask what personal data that we hold about you at any time, subject to a fee specified by law;
• the right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you free of charge; and
• the right to opt out of any marketing communications that we may send you.

If you wish to exercise any of the above rights, please contact us. However, if you wish to unsubscribe from e-mail marketing communications that we send you, you can most easily do this by clicking on the unsubscribe link at the bottom of any e-mail newsletter we have sent to you.

Third party sites

This Website contains links to other websites operated by third parties. Please note that this privacy policy applies only to the personal data that we collect through this Website and we cannot be responsible for personal data that third parties may collect, store and use through their website. You should always read the privacy policy of each website you visit carefully.

Updates to this policy

Please check back regularly to keep informed of updates to this privacy policy.

Contact us

If you have any questions please contact us by email at info@embraceboutique.co.uk or connect@embracecancerbeauty.co.uk