Coming in March 2021 lifestyle sports bra. crop tops. premium. fitness. apparel. fitted. leggings. high quality.women's wear. performance. lifestyle. custom. seamless. limited. tailored. biker shorts.

BodyByBenny

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9736992745

BodyByBenny

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Terms and Conditions

 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.


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