Terms & Conditions

BACKGROUND

Our terms and conditions of sale are set out below – please read them carefully as by placing an order with us, you will be considered to have agreed to be legally bound by them. These terms and conditions (the “Terms and Conditions”) apply to the sale of goods by Body Ballancer Systems UK Ltd, a company registered in England under number 11082610, whose registered address is Handel House, 95 High Street, Edgware, England, HA8 7DB and whose main trading address is 28 Ainsdale Road, London W5 1JX. In the Terms and Conditions, references to “you” and “your” mean the customer purchasing the goods.

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      “Business Day” means, any day other than a Saturday, Sunday or bank holiday;
      “Calendar Day” means any day of the year;
      “Commercial Unit” means a delivery of Products, the character and/or value of which would be materially impaired if divided;
      “Contract” means the contract for the purchase and sale of Products, as explained in Clause 3;
      “Products” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
      “Manufacturer’s User Guide” means the written instructions and/or manuals for the Products.
      “Month” means a calendar month;
      “Order” means your order for the Products;
      “Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
      “Price” means the price payable for the Products;
      “Special Price” means a special offer price payable for Products which We may offer from time to time;
      “We/Us/Our” means Body Ballancer Systems UK Ltd.
    2. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications sent by e-mail or text message, but not messages by other social media means.
  2. Information About Us
    1. Body Ballancer Systems UK Ltd is a private limited company registered in England under number 11082610, whose registered address is Handel House, 95 High Street, Edgware, England, HA8 7DB and whose main trading address is 28 Ainsdale Road, London W5 1JX.
    2. Our VAT number is 284 4385 74.
    3. Our ICO registration number is ZA672354.
  3. The Contract
    1. These Terms and Conditions govern the sale of Products by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
    2. Acceptance of Orders and any supply of Products to you is at Our sole discretion. Provided that We are able to accept your Order, We will send you an invoice which shall form Our Order Confirmation in writing. Our acceptance of your Order in the Order Confirmation, together with the Terms and Conditions forms the legally binding contract (Contract) for the sale and purchase of the Products ordered from Us.
    3. We shall ensure that any information required by law is given or made available to you prior to the formation of the Contract between Us and you, save where such information is already apparent from the context of the transaction.
    4. If you are a business, you hereby confirm that anyone acting on your behalf to purchase Products from Us has authority to bind you and you acknowledge that in entering into any Contract you do not rely on any statement, representation, assurance or warranty that is not set out in these Terms and Conditions. Neither you nor We shall have any claim for innocent or negligent misrepresentation based on any statement in the Contract.
  4. Description and Specification of Products
    1. We have made every reasonable effort to ensure that the Products are described accurately and fairly and that the details are up-to-date. We take reasonable care to ensure that the Products conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and website at bodyballancer.co.uk, but please note that:
      1. it is important that you read the description of the Products carefully to ensure that they are suitable for your requirements and for use by you;
      2. the images of Products and packaging are for illustrative purposes only, and may vary from those shown on the website or Our literature;
      3. We cannot guarantee that the colour reproduction that you see on the website or our literature will be reflected exactly in the Products on receipt; and
      4. there may be minor differences between the Products and their description on the website or Our literature and there may be typographical or other minor errors or omissions in the descriptions.
    2. If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Products, you may return those Products to Us as provided in Clause 13.  If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Products.
    3. We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
  5. Orders and Changes
    1. All Orders made by you for Products will be subject to these Terms and Conditions.
    2. All Products are subject to availability. We will inform you as soon as possible if We are unable to supply any Products.
    3. Please inform Us as soon as possible using the contact details in the Communication and Contact Details section (Clause 16) below if you wish to change your Order. We will endeavour to make any changes you require but this may not be possible if We have already processed your Order. Requests to change Orders must be confirmed in writing.
    4. If We are able to make the changes to your Order this may result in changes to the Price and delivery timescales. We will inform you of any changes to these in writing.
  6. Cancellation of Orders and RefundsFor Businesses Only
    1. If you are a business, (including but not limited to a salon, spa, medi-spa, aesthetic clinic, cryo clinic, cosmetic surgery clinic, private hospital or gym/fitness centre), then you will not be able to cancel a Contract unless the Products you receive are faulty or not as described by Us in Our sales and marketing literature and website. For Consumers Only
    2. Clauses 6.2 to 6.8 inclusive of these Terms and Conditions apply only if you are a consumer as defined in the Sale of Goods Act 1979. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.  Your legal rights are not affected by the Terms and Conditions.
    3. You may cancel a Contract at any time up until 14 days after you have received the Products, (if for example you are not satisfied with the Products, or if you have changed your mind), and if you have notified Us of cancellation within this period, We will refund the original purchase Price (including Our standard delivery charge, but not any extra delivery charges that you may have paid for express delivery) if paid, provided that:
      1. you have taken reasonable care of the Products and not used them in any way; and
      2. you return them to Us within 14 days after your cancellation of the Contract and they are undamaged in their original, unopened and undamaged packaging with the accompanying Manufacturer’s User Guide.
    4. You may also cancel a Contract if circumstances outside our reasonable control occur which significantly delay the agreed delivery timescale or affect our ability to supply the Products and as a result you decide that you no longer wish Us to supply them.
    5. Unless the Products are faulty, the wrong Products or not as described by Us in Our sales and marketing literature and website, you will be responsible for the cost of returning the Products to Us or for Our costs of collection of the Products from you.
    6. It is important that you read the description of the Products and check the contra-indications (bodyballancer.co.uk/contraindications) carefully and discuss them with Us if you have any questions. If you proceed with your Order and change your mind after the 14 day period after you receive the Products (whether on the basis of contra-indications or otherwise), any return of Products and refund to you will be at Our sole discretion.
    7. We are not obliged to provide a refund if the Products are not returned to Us as set out in Clause 3 above, and We are permitted by law to retain sums to reflect any reduction in the value of the Products if this has been caused by your handling them in a way that would not be reasonably permitted in a shop.
    8. To cancel, you can use our cancellation form available on Our website or by contacting Us using the details in the Contact Us section (Clause 16) below.For Consumers and Businesses
    9. If the Products form a Commercial Unit, you may only reject or cancel all of the Products, not a portion of them.
    10. We may cancel the Contract at any time before We despatch the Products in the following circumstances:
      1. the Products are no longer in stock and We are unable to supply or re-stock them (if, for example, the Products are discontinued); or
      2. an event outside of Our control continues for more than thirty (30) days;
      3. whereupon We shall confirm the cancellation in writing to you, and promptly refund any payments made by you for the Products.
  7. Price and Payment
    1. The Price of the Products will be that advised to you at the time of your Order. If the Price shown in your Order differs from the price advised We will inform you upon receipt of your Order.
    2. Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
    3. We have made every reasonable effort to ensure that Our Prices, as shown on Our website or other materials are correct. Prices will be checked when We process your Order.  If the actual Price of the Products is lower than that stated in your Order, you will be charged the lower Price.  If the actual Price of the Products is higher than that stated in your Order, We will ask you how you wish to proceed.  We do not have to accept your Order if there is a pricing error.
    4. All Prices include VAT at the applicable rate. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.
    5. Our Prices exclude the cost of delivery. Delivery charges are confirmed at the time of Order, and will be added on to the final sum due.
    6. All payments for Products and delivery charges must be made in advance before We can despatch the Products to you.
    7. We accept the following methods of payment:
      1. Bank transfer;
      2. Credit card (except Amex);
      3. Debit card.
    8. By giving Us your payment details, you confirm that the card being used is yours or if you are acting for a business, that you have the authority to use it. Your card and payment details are processed by Us and Our online payment provider OPAYO, in accordance with our Privacy Policy.  All card payments are subject to authorisation by your card issuer.
    9. Our online payment provider is authorised and registered by the Financial Services Authority and is obliged to comply with the Payment Card Industry Data Security Standard (PCI DSS) and to keep all of your personal information secure and private. Please refer to their security policy for further information https://www.opayo.co.uk/policies/security-policy
    10. Credit and/or debit cards will not be charged until immediately prior to despatch of the Products to you.
  8. Deposits
    1. If we request a deposit from you to secure an Order, then a further request will be made for the remaining balance from you at a later date. Any deposits made by you in advance will be refunded by Us (less our reasonable costs for administration and/or storage) if you do not proceed with your Order. In certain circumstances, We may have to ask you for a non-refundable deposit and if this is the case, We will inform you at the time of taking the deposit. Unfortunately, We are unable to refund any non-refundable deposits if you subsequently decide not to proceed with your Order.
  9. Delivery
    1. Please note that delivery is currently only possible within the United Kingdom and the Republic of Ireland.
    2. When We provide you with an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Products, your location, and circumstances beyond Our control.  Unless agreed otherwise, the Products will be delivered without undue delay and in any case no later than 30 Calendar Days after the date on which the Contract is formed.
    3. If you indicate in your Order that you wish to collect the Products from Us yourself you may do so after receiving Our Order Confirmation, by prior appointment agreed with Us, during Our business hours of Monday to Friday 09.00-17.00.
    4. Delivery will be deemed to have taken place when the Products have been delivered to the delivery address indicated in your Order or, if you are collecting the Products from Us yourself, when you have collected the Products.
    5. If for any reason there is a delay or We are unable to deliver the Products at your chosen delivery address, you will be contacted by Us to arrange an alternative delivery date. If We attempt delivery but are unable to do so for any reason, including access restrictions, or if We reasonably believe that delivery is likely to result in damage to the Products or risk of injury to any person, then We will return the Products to Our premises and We reserve the right to charge you a reasonable fee to cover additional delivery and storage costs that We incur.
    6. The responsibility (sometimes referred to as the “risk”) for the Products remains with Us until delivery has taken place at which point it will pass to you. Please note, however, that if you do not wish to collect the Products and do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Products will pass to you as soon as they are passed to your chosen carrier.
    7. You own the Products once We have received payment in full for them, including all applicable delivery charges.
    8. Please note that delivery to certain locations including Northern Ireland or the Republic of Ireland may require more time.
    9. If you receive any Products that do not conform to the Contract, please refer to Clause 12.
  10. Use of the Products
    1. Please ensure that you use the Products only in accordance with the Manufacturer’s User Guide.
    2. If you are a business you agree:
      1. to make the Products available to your clients for their use, and not to any dealer, reseller or other trade buyer;
      2. not to materially adapt or modify the Products or assist any third party in doing so;
      3. not to remove or alter our trademarks or any copyrighted material associated with the Products;
      4. not to make any representations or warranties concerning the Products or their use that are not set out in the Terms and Conditions, the Manufacturer’s User Guide or any other documentation provided by Us to you;
      5. to ensure that you do not misrepresent the Products or their purpose in any way; and
      6. that we may make appropriate checks to ensure that you are using the Products in accordance with these requirements.
  11. Our Warranties
    1. We warrant that:
      1. the Products will comply with their description in Our sales and marketing literature and website, and match in all material respects any samples or models that We have shown you;
      2. the Products will be free of material defects for the period of twenty four (24) months from the date of Our delivery of the Products to You; and
      3. We will perform our obligations under the Terms and Conditions with reasonable care and skill.
    2. It is important that you read the description of the Products, the Manufacturer’s User Guide and the related contra-indications (bodyballancer.co.uk/contraindications) carefully to ensure that the Products are suitable for your requirements and for use by you. We do not guarantee or warrant that the Products will be suitable for every person or will achieve any particular results or will help alleviate or cure any particular symptoms or condition. If you have any questions please contact Us and please seek advice from a qualified medical practitioner.
    3. Our warranties do not apply to any defect in the Products arising from:
      1. natural deterioration over time (fair wear and tear);
      2. incorrect transport, handling, storage or maintenance by you or any third party;
      3. wilful damage, accident, negligence by you or by any third party; or
      4. damage as a consequence of items or products not appropriate for use with the Products;
      5. your purchase of the Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Products for that purpose; or
      6. misuse of the Products or any failure by you or a third party to use or care for the Products in accordance with the Manufacturer’s User Guide.
    4. If you are a consumer, the express warranties set out in the Terms and Conditions are in addition to your legal rights in the UK in relation to products or services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
    5. If You are a business, the warranties set out in this Clause 11 are the only warranties that apply to the Products and We hereby exclude all other conditions, warranties, representations or other terms that might otherwise be implied or incorporated in these Terms and Conditions, such as (but not limited to) those of satisfactory quality, fitness for a particular or any purpose, or the ability to achieve any particular result.
  12. Faulty Products
    1. If the Products you received are not as ordered or you wish to benefit from Our warranties, you must notify Us immediately you become aware of any defect in the Products or any non-compliance with the Order Confirmation using the contact details set out in the Communications section below, and, if We request it, supply appropriate photographic evidence, proof of purchase and access to inspect the Products, to investigate and assess the details of the defect or non-compliance.
    2. If the Products are not as ordered (where they do not comply with the Order Confirmation) and you would like a refund, then you must return the Products to Us as soon as reasonably possible and We will refund the Price of the Products in full, any applicable delivery charges, and any reasonable costs you incur in returning the Products to Us. Please make sure you retain your receipt for postage as We will ask you for proof of posting and cost.
    3. If on delivery to you the Products are faulty or not as described by Us in Our sales and marketing literature and website, or the Products subsequently develop a fault which is covered under our warranty as set out in Clause 11, We shall at Our expense and at Our choice either repair or replace such Products within sixty (60) Calendar Days or a reasonable period of time (to be agreed with you) or if We are unable to do so at reasonable cost, We shall refund You the Price or a proportion of the Price to reflect the reduction in value of the Products. For the avoidance of doubt, this shall be Your sole remedy for such fault or non-compliance.
    4. If We replace any faulty Products under Our warranty, We shall use Our reasonable endeavours to provide a replacement that substantially matches the original, but you acknowledge that an exact replacement may not be possible. The replacement Products shall be covered by the warranty in Clause 1 for the remainder of the warranty period applicable to the original Products or for thirty (30) days, whichever is the longer.
    5. Please note that you will not be eligible to claim for faulty Products if We informed you of any faults, damage or other problems with the Products before your purchase of them.
    6. Refunds (whether full or partial, including any reductions in price) under this Clause 12 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
    7. Any and all refunds (whether full or partial, including any reductions in price) issued for defective or non-compliant Products under this Clause 12 will include all delivery costs paid by you when the Products were originally purchased.
    8. After Our warranty period has expired, you must pay for any repairs or replacement Products, bearing all associated costs.
  13. Returning Products
    1. If you are returning Products to Us, please contact us using the details set out in the Communications section below.
    2. To return Products in person you can do this during Our business hours of Monday to Friday 09.00 to 17.00 or you may return them to Us by courier. If We are collecting the Products from you, please ensure that the Products are ready for collection at the agreed time and location.  We are solely responsible for collecting the Products in this case, however We may appoint a third party carrier to collect them in which case We will provide you with all relevant details.
  14. Our Liability
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    2. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
    3. If you are a consumer:
      1. if We fail to comply with the Terms and Conditions, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of these Terms and Conditions or Our negligence (We will not be responsible for any loss or damage that is not foreseeable);
      2. We supply the Products to you for domestic, non-commercial and private use only. You agree not to use the Products for any commercial, business or re-sale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
      3. We do not in any way exclude or limit our liability for any breach of the terms implied by section 13 to 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose, samples, title and quiet possession); and
      4. We exclude all liability that We have not expressly accepted in the Terms and Conditions, including liability for indirect or consequential loss or damage.
    4. If you are a business customer, then subject to Clause 14.2, We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. loss of profits, sales, business, or revenue;
      2. loss of use, or any business interruption;
      3. loss of anticipated savings;
      4. loss of business opportunity, goodwill or reputation; or
      5. any indirect or consequential loss or damage;
      6. and Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the price paid and payable by you for the Products that are the subject of your claim.
  15. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      1. We will inform you as soon as is reasonably possible;
      2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;
      4. If the event outside of Our control continues for more than thirty (30) 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;
      5. If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 10.2 above.
  16. Communication and Contact Details
    1. If you wish to contact Us, you may do so by telephone at 07443 877749 or by email at info@ballancersystems.co.uk.
    2. In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:
      1. Contact Us by email at info@ballancersystems.co.uk; or
      2. Contact Us by pre-paid post at Body Ballancer Systems UK Ltd, 28 Ainsdale Road, London W5 1JX.
  17. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. All complaints are handled in accordance with Our complaints handling policy and procedure, available by writing to us at Body Ballancer Systems UK Ltd. 28 Ainsdale Road, London W5 1JX.
    3. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      1. In writing, addressed to, Jules Willcocks, Director at Body Ballancer Systems UK Ltd. 28 Ainsdale Road, London W5 1JX
      2. By email, addressed to Jules Willcocks, Director at jules@ballancersystems.co.uk
      3. By contacting Us by telephone on 07443 877749.
  18. How We Use Your Personal Information (Data Protection)
    We will only use your personal information as set out in Our Privacy Policy available from our website www.bodyballancer.co.uk/privacy-policy/
  19. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing but this will not be affect Your rights under these Terms and Conditions.
    2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. However if you are a consumer and you have purchased a product as a gift, you may transfer the benefit of the product warranty to the recipient of the gift without needing to ask our consent. Your rights under our warranties are not transferable to any subsequent purchaser of the products.
    3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    4. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
  20. Governing Law and Jurisdiction
    1. If you are a consumer, please note that the Terms and Conditions are governed by English law. This means a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation will be governed by English law. You and We each agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland, Scotland or Republic of Ireland you may bring proceedings in your country of residence. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence and nothing in this clause takes away or reduces your rights as a consumer to rely on those provisions.
    2. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England, and you and We both irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).