These are the terms and conditions on which we supply our products to you.
Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us. If you think that there might be a mistake in these terms, please let us know.
1 WHO WE ARE AND HOW TO CONTACT US
1.1 Who are we BodyByBenny LLC a company out of Jonestown Pa, USA
1.2 How to contact us. At Benny@bodyByBenny.com
1.3 How we may contact you. If we have to contact you, we will send an email to the email address you provided to us in your order.
2 PLACING ORDERS
- 2.1 How you can place an order. Orders are placed solely through our website. Once you’ve added the product(s) you’d like to your basket, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information. Please check, double check and even triple check your order (e.g. the product(s), size(s) and delivery address) before clicking the “place order” button.
- 2.2 Acceptance of your order. Your order is an offer from you to us to buy the product(s) in your basket. After you place an order, you will receive an email from us confirming we have received it. Our official acceptance of your order takes place when we email you to confirm we’ve dispatched your product(s). It’s at this point that a contract will come into existence between you and us. When we acknowledge your order, we’ll also confirm your order number. If you need to contact us about your order, you should quote this number.
- 2.3 Restrictions on placing orders. To order our products, you must be at least 18 years old and be authorized to use the payment method which you use to pay for the products you order.
- 3 OUR RIGHTS TO CANCEL YOUR ORDER
- 3.1 If we cannot full fill your
- order. In the unlikely event that we’re unable to full fill your order (e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, or you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the product), we’ll let you know by email and we won’t charge you for the product.
- 3.2 Unusual or suspicious activity. We provide our products for your personal use only. We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or re-sale purpose. If this happens to you and you think we’ve made a mistake, get in touch with our customer service team through our online form at Benny@BodybyBenny.com
- 3.3 Suspending the supply of products. We may have to suspend the supply of a product to you to:
- 3.3.1 deal with technical problems or make minor technical changes;
- 3.3.2 update the product to reflect changes in relevant laws and regulatory requirements; and/or
- 3.3.3 make changes to the product as notified by us to you.
4 OUR PRODUCTS
- 4.1 What we provide. We provide fitness gear, including clothing and accessories.
- 4.2 Descriptions of our products. The pictures of our products (and packaging) on our website are for illustrative purposes only. We work to ensure that colors are displayed accurately but we can’t guarantee that a device’s display of the colors exactly reflects those of our products.
5 DELIVERY
- 5.1 Delivery destination. For orders placed on our BodybyBenny.com website, we can ship over seas but shipping cost may apply.
- The risk of loss for products purchased from us passes to you upon our delivery to the carrier. Title for products purchased from us transfers to you upon payment for the products.
- 5.3 Delivery Costs All the information about our delivery charges can be found on www.bodybybenny.com
- 5.4 Additional charges. Any customs duties or additional charges which apply to your order (if your order is delivered outside of the USA, for instance) will be your responsibility and are not included in the delivery costs.
- 5.5 When we will provide the products. When we deliver the products to you will depend on the delivery method you select during the order process. If you are buying products during promotional periods, it may take a little longer for our products to be delivered to you.
- 5.6 We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we’ll let you know as soon as possible. If there is a risk of substantial delay, you can contact us to cancel your order and we’ll refund you for any products you’ve paid for but not received.
- 5.7 If you are not available when the product is delivered. If no one is able to take delivery and the products cannot be posted through your letterbox, the courier will notify you of the delivery attempt and tell you how to rearrange delivery or collection of the products.
6 YOUR RIGHTS
- 6.1 If what you have bought is faulty or differs substantially from how it is described on our website you may have a legal right to get the product replaced or to be given a refund. In this case, the return will be free in the United States provided you return the product to us within 30 days (unless stated otherwise on our website) from the date you receive it.
- 6.2 If you want to end the contract because of one of the reasons set out below, the contract will end immediately, we will refund you in full for any products which you have paid for but which have not been supplied to you. The reasons are:
- 6.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
- 6.2.2 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:
- 6.2.3 we have told you that supply of the products may be significantly delayed because of events outside our control;
- 6.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or
- 6.2.5 you have a legal right to end the contract because of something we have done wrong.
- 6.3 If you have changed your mind about the product. We offer a goodwill guarantee which gives you 30 days (unless stated otherwise on our website) from the day you (or someone you nominate) receives the products to change your mind. If your products are split into several deliveries over different days, you have until 30 days (unless stated otherwise on our website) after the day you (or someone you nominate) receives the last delivery to change your mind. In either case, you will need to pay the cost of the return. Please note that some products can’t be returned, such as:
- 6.3.1 products sealed for health protection or hygiene purposes (e.g. swimwear, underwear or socks) that have been unsealed after you receive them or are not in their original packaging or have had any tags or the hygiene slip removed;
- 6.3.2 any product which has been damaged, worn, used in any way or has had the care label cut and/or removed;
- 6.3.3 any product which is missing any component part(s) when returned by you (unless this is because of something we have done);
- 6.3.4 any products which become mixed inseparably with other items after their delivery. and
- 6.3.5 ‘any products marked final sale.
- 6.4 In all other cases (if we are not at fault and there is no right to change your mind). Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before the products are delivered and paid for – just contact us to let us know.
8 OUR RIGHT TO END THE CONTRACT
- 8.1 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:
- 8.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the address for delivery; or
- 8.1.2 you do not, within a reasonable time, allow us to deliver the products to you.
- 8.2 Refunds. If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid to us for products we have not provided.
8 PRICE AND PAYMENT
9.1 Where to find the price for the product. The price of the product before checkout are exclusive of any applicable Sales Tax. The amount of Sales Tax chargeable will be confirmed at checkout based on your delivery address. We take care to ensure that the price of the product advised to you is correct. However, please see clause 9.4 for what happens if we discover an error in the price of the product you order.
- 9.2 We may change the price of our products. Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If you placed your order for a product before the price change, the price will be as stated on our website at the time when you placed your order.
- 9.3 Offers and promotional discounts are only available subject to their specific terms and conditions which will be shown on our website. Offers and promotional discounts cannot be combined with any other offer. Offers and promotional discounts are not valid on previous purchases
- 9.4 What happens if we get the price wrong. 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, if 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 we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a miss pricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
When you must pay and how you must pay. We accept payment by Visa, Mastercard, American Express, PayPal and Apple Pay. We will not charge you until we dispatch the products to you, although the price payable by you for the products may appear as pending transactions against the payment method you use.
10 OUR RESPONSIBILITY FOR LOST OR DAMAGE
- 10.1 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.
- 10.2 We are not responsible to you for unforeseeable loss or damage. This excludes liability for consequential, special, incidental, or indirect damages, including without limitation for any lost profits or lost data, in connection with or arising under the contract, or for the performance of the products, even if we have been advised of the possibility of such damages.
- 10.3 If we are found to be liable to you for any damage or loss our liability shall not exceed US$100.00. This limit would apply to any liability which is in any way connected with or arising out of the contract or our products or your use of the website.
- 10.4 We do not exclude or limit in any way our liability to you where it would be unlawful 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 (including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care); and for defective products under the Consumer Protection Act 1987. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations in this Section 10 may not apply to you.
- 10.5 We are not liable for business losses. We only supply the products for 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
11 HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.
12 OTHER IMPORTANT TERMS
- 12.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- 12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- 12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 12.4 We may change these terms at any time. We may make changes to these terms at any time to reflect changes in the law or for any other reason. The most up-to-date version of our terms will always be displayed on our website so please have a look before placing an order for our products to ensure you know about any changes which may have been made since your last visit to our website.
- 12.5 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.
- 12.6 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.
- 12.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
- 12.8 Arbitration; Waiver of Class Action Claims.
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.
If you live in the United States, you agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of our products, through all merchandising channels, including but not limited to, the internet, this website, social media, telephone, catalog, radio, television, mobile device and participating retail stores (collectively "claims"), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA").
Before commencing any arbitration, you must give us notice of any claims, in writing. We may then attempt to resolve your claim. If the dispute is not resolved within 30 days, you may demand an arbitration pursuant to the terms below.
You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.; (ii) the arbitration shall be held telephone via with written submissions, or based on written submissions only (at your option), with the arbitrator’s fee to be paid by us (unless the arbitrator finds that your claims are frivolous, in which case you will pay the arbitrator’s fee), if the amount in controversy is $10,000 or below, or, for amounts in controversy in excess of $10,000 in person at a location determined by the AAA pursuant to the Rules and Procedures of the AAA, with the arbitrator’s fee to be allocated equally between the parties; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claims subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and us alone. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. If subpart (v) is invalidated, there shall be no right to arbitration of claims on any class or collective basis, but instead any attempt to assert claims on a class or collective basis of any kind must be pursued in a court of competent jurisdiction. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org. The arbitration shall be strictly confidential.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: BodyByBenny.com
You must provide your name, address, email that is associated with your BodyByBenny account if there is one, and a clear statement that you want to opt out of this arbitration provision, within the later of 30 days after your first use of the Site, or within 30 days of substantive changes, if any, being made to these Terms and Conditions, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this section. If you opt out of these arbitration provisions, BodyByBenny will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Site will be deemed to be your irrevocable acceptance of these Terms and Conditions and any changes/updates to this section or otherwise.
CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you and BodyByBenny will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms and Conditions in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You an BodyByBenny further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms and Conditions or in connection with the Site.
The terms of this provision will also apply to any claims asserted by you against any BodyByBenny affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.