Terms of service

Terms of sale

IMPORTANT NOTICE

www.bellybuttononline.com is the website address owned by Belly Button Designs Limited (Registered office Unit 3, The Oakfield Centre, Harling Road, Sharston Industrial Estate, Manchester M22 4UX, Company Registration Number 04403031) (hereafter referred to as “the Company”, “Belly Button Designs” “we” or “us”). All use of the Company’s website (“the Website”) is on the terms set out below and the terms apply to all pages of www.bellybuttononline.com. If you do not agree with any of these terms, then please cease use of the Website now.

By placing an order with us you are agreeing to be bound by these terms and conditions (“Terms of Sale”) which form a contract between us, so you are advised to print off a copy for future reference. We reserve the right to change the terms from time to time to meet the needs of the business and any changes will be posted here. Access to this Website may be restricted, suspended or terminated at any time.

1. CUSTOMER INFORMATION AND RESPONSIBILITIES

a. Please remember that if you use the Website you are responsible for maintaining the confidentiality of your account and any passwords and should ensure you restrict access to your computer to prevent unauthorised access to your account. You must inform us immediately if you have any reason to believe that your password has become known to anyone else or if it may be being used in any unauthorised manner.

b. We make every effort to ensure that the Website is accurate and up to date with current Goods and services. Please advise us as soon as possible in the event you notice any inaccuracies or other problems with the website. In the case of errors being made, subject to these terms and conditions, we will endeavour to remedy as quickly as possible from the time of being made aware of the situation.

c. You will not be charged to access the Website. However, some parts of the Website require you to make a purchase. Our Website being provided free of charge does not give you any rights over the content listed herein.

d. We reserve the right to remove or edit Website content or to cancel any orders if necessary. In the event the Company cancels an order it will be without charge to you. Where an order has been paid for we will refund accordingly within 14 days.

e. We take every care to ensure that the descriptions and specifications of our Goods are correct. However, specifications and descriptions of Goods on the Website are not intended to be binding and are intended only to give a general description of the Goods and you accept that hand crafted or hand finished items will vary from images displayed and cannot be replicated as precisely as commercially reproduced items. Furthermore, while the colour reproduction of the Goods is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system or screen used to view the Goods.

f. No statements made in these terms or on this Website shall be deemed to affect the statutory rights of a consumer which cannot be restricted or excluded currently under the law.

2. PLACING OF ORDERS AND SUPPLY OF Goods

a. Please ensure that the details you give to us when placing an order are complete, accurate and up to date and notify us of any changes to the information you provide to us. You must ensure you add the correct and current address for billing and delivery to ensure the ordering process is successful.

b. We will send you a confirmation email on receipt of your order which will confirm the main characteristics of your purchase along with our acceptance of your order and contract with us. We will also send you an email following dispatch of your order.

c. Please note that all Goods and services are subject to availability and may be withdrawn at any time. We reserve the right to refuse any order.

d. If we are unable to fulfil your order, we will notify you with an option of waiting for the product to become available or to be refunded in full for the product which is unavailable. Any refund, under this clause, will be paid to you within 14 days.

e. You confirm that you are at least 18 years old when placing an order.

f. All items in the Belly Button Designs collections have been carefully selected to reach optimum standards of quality. Please be aware that whilst we take great care to describe all our Goods, some of the items are handmade or hand finished and are unique – therefore some of the colours, materials and design may vary.

g. Please make sure you provide us with the correct e-mail address and ensure that your e-mail is in full working order.

h. The Company shall not be liable for any problems caused by you supplying faulty information (such as the wrong email address or wrong delivery address or inaccurate information or spellings for handmade or hand finished items) or due to your failure to make any particular request or specification.

Goods

i. All Goods and services and postage and packaging must be paid for in full prior to the dispatch of Goods ordered.

j. By law, we are required to supply Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in line with any pre-contract information we have provided. If any Goods you have purchased do not meet these standards, for instance, if they are faulty, damaged upon receipt, or if you receive incorrect (or incorrectly priced) Goods, please contact Us as soon as reasonably possible to report the fault, damage, or error, and to arrange for a refund or replacement. Your available remedies are as follows:

Beginning on the day that you receive the Goods (and ownership of them) you have 30 calendar days right to reject the Goods and to receive a full refund if they do not conform as stated above.

If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement of the Goods. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we carry out the replacement and will resume on the day that you receive the replacement Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.

If, after a replacement, the Goods still do not conform (or if we cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask us to attempt the replacement again (you do not have to give us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.

If you exercise the final right to reject the Goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.

Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time (having regard to the Goods usual lifespan), you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.

k. Please note that you will not be entitled to claim under clause j. above if we have informed you of any faults, damage, or other issues with the Goods before you made the purchase (and it I due to the same issue that you now wish to return them); if you bough the Goods for an unsuitable purpose that was neither obvious nor communicated to us, and the problem arose from your use of the Goods that purpose, or if the issue is due to normal wear and tear, misuse, or intentional of careless damage. Additionally, please note that you cannot cancel or return Goods under this clause j. simply because you have changed your mind. If you are a consumer, you have a legal right to a 14-day cooling-off period during which you can cancel and return Goods for this reason. For more information on the cooling-off period please refer to Clause 5.

l. For further information on your rights as a Consumer, please contact your local Citizens Advice Bureau or Trading Standards.

3. PRICE AND PAYMENT TERMS

a. The Price of the Goods shall be the price quoted or displayed on the Website at the time your order is accepted. We try to ensure that all details including prices are displayed accurately and are up to date. However, prices may vary from time to time so please make sure you check all the relevant details before you place an order with us as prices may have altered since you last visited our site.

b. All prices are in pounds sterling and are inclusive of VAT.

c. Ownership of the Goods shall only pass to you when we have received in full all sums due to us in respect of the Goods supplied. The Goods are at your risk from time of delivery.

The delivery charges payable by you are exhibited on the Website and may vary from time to time and will vary depending on the place and method of delivery. Please click on this link for current charges: –

d. Payment will be debited from your account before the dispatch of your purchase. We will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order secure, however if we are not negligent, we cannot be held liable for any loss you may suffer, if a third party procures unauthorised access to any data you provide when accessing or ordering from our site. By placing your order you accept that your contact details will be provided to the relevant postal service to allow for delivery.

e. You can pay for your items via our secure online payment system and payment can be made at the time your order is accepted. We do not store any of your card details or other sensitive information and comply with our obligations under the Data Protection Act 1998, UK-GDPR and any applicable legislation in force from time to time in the United Kingdom.

f. In the event you are entitled to a refund this will be returned to your original payment method used. We endeavour to process refunds within 14 days.

g. These terms of sale are subject to change without notice and are correct at time of writing. Any changes will not affect any orders previously made.

4. DELIVERY

a. All our Goods are securely packed. We shall arrange delivery of the Goods ordered by you via the method agreed and to the address specified by you in the order form.

b. Orders will be dealt with as soon as the same are accepted and we aim to dispatch all orders within 5-7 working days for UK customers and 10 working days for overseas customers. Where you request for delivery outside of the UK you will be responsible for any custom or clearances fees required.

c. Please note that we can only offer tracking for Europe & rest of the world in the UK and up to UK borders only and cannot be held responsible for Goods from this point onwards. If an order is refused, or the incorrect delivery address details have been noted at the time the order was placed, or you fail to respond to calling cards left by the courier or postal agent, the package will be returned to us. If you wish for the order to be resent, you will be asked to pay the further delivery charges.

d. If for any circumstances beyond our control we are unable to supply an item it will be marked as “out of stock”. We reserve the right to withdraw any Goods from sale at any time. If your order placed cannot be fulfilled, for any reason, we refund the Goods within 14 days of notifying you of the same.

e. In the event you fail to take delivery of the Goods ordered or fail to supply adequate instructions to facilitate delivery of the Goods we reserve the right to cancel your order and to retain the Goods. In these circumstances we shall refund you the price paid for the Goods we are unable to deliver but we shall be entitled to retain all charges made for delivery or attempted delivery.

f. In the event there is a problem or alleged problem with Goods ordered or delivered you agree to notify us within seven (7) working days of delivery in connection with any problem with Goods or within thirty (30) days of placement of your order in the event of non-delivery of Goods.

5. RETURNS

a. Cancelling and Returning Products if You Change Your Mind - If you are a consumer, you have a legal right to a “cooling-off” period of 14 days within which you can cancel the contract for any reason for any Goods, but not for handmade items or certain items for hygiene reasons. This period begins once your order is complete and we have sent you your purchase confirmation, i.e. when the contract between you and as is formed. You may also cancel for any reason before we send the purchase confirmation.

b. If you wish to exercise your right to cancel under 5.a. above, you must inform us of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send as an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please provide the following details: email address, postal address, order number and the name of the Goods you wish to return.

c. Goods which may not be returned under the cooling-off period include: Goods which are sealed for hygiene or health reasons (and you have unsealed those Goods after receiving them); if the Goods are sealed or unsealing them means they cannot be resold or any personalised handmade items. Please ensure that you return Goods to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this Clause.

d. You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address detailed at e. below. Please note that you must pay the cost of returning Goods to us if cancelling under this 5a. to 5c.. The cost of returning Goods to us should not normally exceed the cost of having them originally delivered to you if you use the same carrier. Refunds under this clause will be issued to you within 14 calendar days of the following:

The day on which We receive the Goods back; or

The day on which you inform as (supplying evidence) that you have sent the Goods back; or

If we have not yet provided a purchase confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the contract.

e. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled excessively.

f, Returns address: Belly Button Designs Ltd c/o 2WL Ltd, Mill Two, Pleasley Vale Business Park, Mansfield, Notts NG19 8RL. It is advisable to obtain proof of posting if returning items as they remain in your ownership and at your risk until we have acknowledged receipt of their safe return.

g. Other than as stated in these terms Goods may not be returned for any reason other than due to any breach of the consumer laws from time to time in force under which you may be entitled to a remedy e.g. the Goods are not what You ordered or the Goods are faulty or not of satisfactory quality within the meaning of the Sale and Supply of Goods Act 1994. In the unlikely event the item that you have ordered is unsuitable or faulty please inform Belly Button Designs Limited within 24 hours by contacting us at contact@bellybuttononline.com. Please retain all faulty items as evidence and photograph any faults or damage and send us the photographs as evidence of alleged defects.

6. COPYRIGHT, TRADEMARKS, GRAPHICS AND LOGOS

a. Belly Button Designs Limited is a registered trademark and Belly Button Designs is a trading name of the company and may not be used by any other party without the Company’s prior written consent. Other product and company names mentioned on the Website may be the trademarks or registered trademarks of their respective owners and may not be used without their consent.

b. All Website design, text, graphics, the selection and arrangement thereof and all software compilations, underlying source code, software (including applets) and all other material on the Website are copyright of Belly Button Designs Limited and its affiliates or their content and technology providers and all designs, artwork, photographs and copy shall remain the property of the Company or their relevant owner. We reserve the right to take whatever legal action may be necessary against any visitor or user of this site who is found to have infringed our rights to recover all consequential losses including but not limited to recovery of all associated costs. Please note that Belly Button Designs Limited is a member of Anti Copying In Design (A©ID) and of the Greeting Card Association.

c. Any use of materials on this Website, without the prior written permission of Belly Button Designs Limited is strictly prohibited. However, content on the Website or any associated Belly Button Website, Blog, Facebook pages or social media may be used privately.

d. This means you may only view, print, share or download the contents of the website for personal use and in accordance with the license terms but for no other purposes and this includes NO COMMERCIAL USE and no changing, adapting, copying or building on of our copyright material and no production of derivative works. All postings of Belly Button Designs Limited’s works, including on Facebook, blogs or social media must ensure Belly Button Designs is attributed as the copyright owner of all their own work.

e. Any license may be withdrawn at any time and we wish to make it abundantly clear that it is expressly prohibited without limitation to use the service or its content for any purpose that is likely to bring the Company or any of its directors, employees, sponsors, clients or associates into disrepute.

7. DISCLAIMER AND LIMITATIONS OF LIABILITY

a. information on the Website is provided by means of guidance and does not amount to any advice. Such information includes any text e.g. blogs, articles and so on, but not the description of Goods. We provide no warranty or guarantee in respect of the information and we make no representations as to the adequacy or appropriateness of the same. Any Products purchased from the Website must only be used in accordance with any manufacturing guidance and only ever used for their intended purpose.

b. We reserve the right, at our discretion, from time to time to make changes to the information provided on this website. You are therefore, advised to check the information provided to you on the Belly Button Designs Website regularly. Any reliance that you place on the accuracy of that information is at your own risk; we do not under any circumstances guarantee the accuracy of any of the information or links provided on the site.

c. We will not be liable under any circumstances whatsoever for any consequential, direct, indirect punitive, or special damages arising from the use of the service or whilst being transferred to any other site via links of any kind.

d. You accept full responsibility for accessing any links to other websites and we shall not be liable for any Goods, information, advice or practices of any third parties who may be linked to this Website.

e. All users of this Website do so at their own risk and take full responsibility for any consequences which may arise from accessing and using the Website, responding to or using the services of the advertiser’s links that may be found on the Website.

f. We shall not be responsible or liable for your use of any other websites which you may access via links within the Website. We do not control these websites and are not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with us.

g. We will be liable for any foreseeable loss or damage you may incur as a result of our breach of these Terms of Sale (or the contract) or due to our negligence. Loss or damage is considered foreseeable if it is an obvious result of our breach or negligence, or if it was anticipated by both you and us at the time the contract was formed. We will not be held responsible for any loss or damage that is not foreseeable. We supply items solely for domestic and private use by consumers. We make no warranty or representation that items are suitable for commercial, business, or industrial use of any kind (including resale). We will not be liable for any loss of profit, loss of business, business interruption, or any loss of business opportunities.

h. Any information, data or materials whatsoever which are downloaded or transmitted over the internet. We are unable to ensure the security of any information transmitted over the internet and attempts to do so are carried out at your own risk. Belly Button Designs Limited and its associates shall not be held responsible in any way or be liable for any damages or injury that may transpire as a result of such actions.

i. Errors, omissions, mistakes, interruptions, deletion of e-mail or files, suspension, delays in operation transmission or service response time, termination, defects, viruses or any failure of performance with and in connection with Belly Button Designs Limited including, without limitation those arising from communications failure, destruction due to unauthorised access of systems, programs and services, theft or acts of God.

j. Whilst we take all reasonable steps to ensure a fast and reliable service we cannot guarantee that the Belly Button Designs Limited Website will be uninterrupted or completely error-free and we will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system, or that the Website is free from viruses, harmful components or any interference by unauthorised users or hackers. It is the sole responsibility of the visitor or site user to protect his or her own systems against such situations.

8. CONTACTING THE COMPANY AND CUSTOMER SERVICES

a. If you wish to Contact us for any reason please email us at contact@bellybuttononline.com or write to us at Belly Button Designs Limited, Unit 3, The Oakfield Centre, Harling Road, Manchester M22 4UX.

b. If you do not want us to continue to hold any information about you and/or if you do not wish us to send you any further communication’s please email us at contact@bellybuttononline.com.

9. PRIVACY AND CONFIDENTIALITY

All personal data that We may collect about you and use will be collected, held, and processed in accordance with Data Protection Legislation and your rights thereunder.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookies Policy here

10. HEALTH AND SAFETY AND CARE OF GOODS

a. You must carefully read, follow and comply with all instructions supplied with any items BEFORE USE including but not limited to washing, cleaning, handling or care instructions and instructions and recommendations as to storage and use and Belly Button Designs Limited shall not be liable for any problems which result in any failure to follow instructions.

b. For your own health and safety do not use any item in any way that is not recommended in the instructions supplied with it.

11. GENERAL

a. We will not be held liable for any failure or delay in fulfilling our obligations if the failure or delay is caused by circumstances beyond our reasonable control. If any event described under this Clause 11.a. occurs that is likely to adversely affect our performance of any of our obligations under these Terms of Sale:

We will inform you as soon as reasonably possible;

We will take all reasonable steps to minimise the delay;

To the extent that we cannot minimise the delay, our affected obligations under these Terms of Sale (and therefore the contract) will be suspended and any time limits that We are bound by will be extended accordingly;

We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of items as necessary.

b. If the event outside of our control continues for more than 60 Calendar Days, we will cancel the contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the contract is cancelled. If an event outside of our control occurs and continues for more than 30 Calendar Days, and you wish to cancel the contract as a result, you may do so in any way you wish, by contacting Us directly to cancel, please contact us using the contract details at Clause 8. In such circumstances please provide us with your name, address, email address, telephone number, and order Number. Any refunds owed to you as a result of such cancellation will be processed and paid as soon as reasonably possible, and in any event, within 14 days of the contract being cancelled.

c. Any rights of third parties under the Contracts (Rights of Third Parties) Act 1999 are hereby expressly agreed not to apply and any agreement made in connection with this site shall be strictly between you and the Company.

d. These Terms of Sale, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England & Wales. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing takes away or reduces your rights as a consumer to rely on those provisions.

e. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale or the relationship between you and ss (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

f. www.bellybuttononline.com may be accessed from outside of the UK. Laws may differ outside of the English Jurisdiction, all visitors or users of this site from all countries, agree and acknowledge that by accessing this site they do so knowing that English Laws apply, whilst doing so visitors and users must respect, and are solely responsible for, complying with the local laws of their own territory. Also, if ordering from overseas you may be subject to additional import duties, charges or taxes which may be levied once a package reaches its destination and you accept full responsibility for payment of any such additional charges