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1.1 These are the terms and conditions on which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
2.1 We are Bustimi Limited, a company registered in England and Wales. Our company registration number is 12545223 and our registered office is at Roswell House, 56 Henley Way, Ely, Cambridgeshire, CB7 4YJ.
2.2 You can contact our customer support team by emailing us at support@bustimi.com. You can also speak to a member of our customer support team via our online live chat facility. Our customer service team is available Monday to Friday from 8.30am to 6pm and on Saturdays from 9am to 4pm.
2.3 You may also find our FAQs helpful. These are available here.
2.4 If we have to contact you we will do so by telephone or by writing you at the email address or postal address you provided to us in your order.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 When using our website, you are solely responsible for maintaining the confidentiality of your account and password. Please ensure the details you provide us with are correct and if anything is incorrect or requires changes, please let us know immediately.
3.2 Acceptance of your order will take place when we email you to confirm the goods have been despatched (‘Confirmation Email’). No contract will exist before the email has been sent.
3.3 There will be occasions when we cannot accept your order, for example the product may be out of stock or we may have found an error in the price or the description of the product.
3.4 If we cannot accept your order we will inform you either in writing or by telephone. If we cannot contact you we may treat your order as cancelled. Accepted orders will be given an order number and we’ll tell you what it is in the Despatch Confirmation Email.
You can review the orders you have placed with us and their status by clicking "My Account" on the homepage at www.bustimi.com.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. As such, your product may vary slightly from those images.
5.1 If you wish to exchange a product you have ordered, you can:
5.1.1 Request to make an exchange order by contacting our Customer Support Team via email at support@bustimi.com.
5.2 We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, delivery times or anything else which would be necessary as a result of your requested exchange. If you confirm that you wish to go ahead with the exchange, we will deliver your exchanged item, once we have received the product you are returning.
5.3 If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 8 – Your rights to end the contract).
6.1 We may make changes to these terms or the product (for example, to reflect changes in relevant laws and regulatory requirements), but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7.1 The costs of delivery can be found here.
7.2 A list of the countries that we deliver to can be found here.
7.3 During the order process we will let you know the estimated delivery date for the product. Our estimated delivery date will be based on delivery to a UK address. We cannot estimate or guarantee delivery dates to non-UK addresses.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 If you are not at home when the product is delivered. Our parcels are delivered by Royal Mail. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, Royal Mail will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If, after a failed delivery to you, you do not re-arrange delivery or collect the parcel from a delivery depot, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.6 The products will be your responsibility from the time we deliver the product to the address you gave us.
7.7 You will own the products once we have received payment in full.
7.8 More information about delivery can be found here.
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see paragraph 11.
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 8.2; and
8.1.3 If you have just changed your mind about the product, see paragraph 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
8.2 If you are ending a contract for a reason set out in paragraphs 8.2.1 to 8.2.4 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 We have told you about an upcoming change to the product or these terms, which you do not agree to (see paragraph 6.1);
8.2.2 We have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
8.2.3 There is a risk that the supply of the products may be significantly delayed because of events outside our control, or
8.2.4 We have done something wrong (including if we have delivered late).
8.3 For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Please note that these terms reflect the goodwill guarantee offered by us to our UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights concerning faulty or misdescribed products (see paragraph 11.2):
Right under the Consumer Contracts Regulations 2013 The Bustimi Lingerie Guarantee (UK)
14 day period to change your mind. 28-day period to change your mind.
You pay costs of return. Customer pay the costs of return
The Bustimi Guarantee (outside of the UK): 28-day period to change your mind – You pay the costs of return.
8.5 You do not have a right to change your mind in respect of:
8.5.1 Buying Spanx products, once the packaging has been unsealed after you receive them; and
8.5.2 Products sealed for health protection or hygiene purposes (including briefs and swimwear), once these have been unsealed after you receive them;
8.6 You have 28 days after the day you (or someone you nominate) receive the products unless your products are split into several deliveries over different days. In this case, you have until 28 days after the day you (or someone you nominate) receive the last delivery to change your mind about the products.
8.5.3 Products returned outside the return window will result in a partial refund or a decline of the return based on our policy.
9.1 To end the contract with us, please let us know by doing one of the following:
9.1.1 Email us at support@bustimi.com. Please provide your name, address, details of the order and, where available, your phone number and email address. You may use the model cancellation form below, but it is not obligatory.
9.1.2 If you have already received the products, use the form available here and post the products to be returned to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address. You may use the model cancellation form below, but it is not obligatory.
Standard Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract.)
To Bustimi Limited, Roswell House, 56 Henley Way, Ely, Cambridgeshire, CB7 4YJ, support@bustimi.com
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods/for the supply of the following service:
Ordered on/received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
*Delete as appropriate
© Crown copyright 2013.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind, you must return the products to us within 14 days of telling us you have changed your mind and wish to end the contract.
9.2.1 If you are returning the products from within the UK, post them back to the Customer Service address: Roswell House, 56 Henley Way, Ely, Cambridgeshire, CB7 4YJ.
9.2.2 If you are returning the products from outside the UK, mark your package as clearly as possible “RETURNED GOODS” and post them to Bustimi Limited, Roswell House, 56 Henley Way, Ely, Cambridgeshire, CB7 4YJ, United Kingdom.
9.3 Customer will pay the costs of returns from addresses within the UK
9.3.1 If the products are faulty or misdescribed.
9.3.2 If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
9.3.3 If you are exercising your right to change your mind.
9.4 In all other circumstances, you must pay the costs of return, including where the return is sent from an address outside the UK.
9.5 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below:
9.6 If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) 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 permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have unacceptably handled them, you must pay us an appropriate amount.
9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered by the UK Next Day Delivery, then we will only refund what you would have paid for UK Standard Delivery.
9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see paragraph 9.2.
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 We do not receive payment when it is due; or
10.1.2 You do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
11.1 If you have any questions or complaints about the product, please contact us. You can email us at support@bustimi.com.
11.2 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information visit http://www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your products are faulty, then you can get an immediate refund.
Up to six months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
Up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.
11.3 If you wish to exercise your legal rights to reject products because they are faulty you must either return them:
11.3.1 If you are returning the products from within the UK, post them back to us using the Freepost label included in your order or print off the form available here; or
11.3.2 If you are returning the products from outside the UK, mark your package as clearly as possible “RETURNED GOODS” and post them to Bustimi Limited, Roswell House, 56 Henley Way, Ely, Cambridgeshire, CB7 4YJ, United Kingdom via a delivery service that does not require a signature upon receipt.
11.4 If you are returning the products from within the UK, we will pay the costs of postage.
11.5 More information about returns and exchanges can be found here.
12.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.4 We accept payment with Visa, MasterCard, Visa Debit, Maestro, Electron and American Express cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at paragraph 11.2; and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.1 We will use the personal information you provide to us:
14.1.1 To supply the products to you;
14.1.2 To process your payment for the products; and
14.1.3 If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will process your personal information in accordance with our Privacy Policy.
14.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
15.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at paragraph 8.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in paragraph 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.
