Terms and Conditions

4.3 Product disclaimer. The products offered or promoted on our website are not medical products or medical devices and may produce different results for different users. The products should be used by you only as directed. Any advice that we give you, either on our website or in any other communication with you, does not constitute medical advice and should not be relied upon. Please see your General Practitioner or other relevant medical practitioner for any issues arising out of the use of the products.

5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. 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 of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Our rights to make changes

6.1 Minor changes to the products. We may change the product:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical or cosmetic adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

7. Providing the products

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the products. During the order process, we will let you know when your estimated delivery date is. We will deliver the products to you in line with the delivery option you have chosen, and in any event within 14 days after the day on which we accept your order. Time for delivery shall not be of the essence.

7.3 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. An event outside our control includes the COVID-19 pandemic, regardless if it is in circulation or foreseeable at the time that the contract comes into existence

7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and 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 and clause 10.2 will apply.

7.6 When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us.

7.7 When you own the products. You own a product once we have received payment in full.

7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, full name, payment, billing and shipping information. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information at the time of placing the order, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.9.1 deal with technical problems or make minor technical changes;

7.9.2 update the product to reflect changes in relevant laws and regulatory requirements;

7.9.3 make changes to the product as requested by you or notified by us to you (see clause 6).

7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.11 We will refuse to deliver the products if you do not pay. If you do not pay us for the products when completing your order (see clause 14.4), the contract will not be completed, and we will not deliver the products to you. If you make payment through a third party payment provider, additional terms and conditions will apply to you (you may find these on the third party payment provider’s website).

8. Your rights to end the contract

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, when you decide to end the contract and whether you are a consumer or business customer:

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 replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;

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 clause 8.2;

8.1.3 If you are a consumer and have just changed your mind about the product, see clause 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 and you will have to pay the costs of return of any products;

8.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (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;

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 supply of the products may be significantly delayed because of events outside our control; or

8.2.4 you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then 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 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

8.4.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

8.4.2 Bespoke goods; and

8.4.3 any products which become mixed inseparably with other items after their delivery.

8.5 How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day you (or someone you nominate) receives the products, unless:

8.5.1.1 Your products are split into several deliveries or collections over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery or collects the last item.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered or collected and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us (including if you are a consumer who has changed their mind)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1 Phone or email. Call customer services on 01633 495136 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.1.2 Online. Complete the ‘Get in Contact’ form on our website at http://bugformen.com/contact-us/ , or log into your account at http://bugformen.com/my-account/.

9.1.3 By post. Write to us at Studio 329 Woodside Way, Springvale Industrial Estate, Cwmbran, Torfaen, Wales, NP44 5BR, including details of what you bought, when you ordered or received it and your name and address.

9.2 Returning products after ending the contract. 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. You must either return the products in person to where you bought them or post them back to us at our registered address. Please email us at [email protected] for a return label. If you are a consumer exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:

9.3.1 if the products are faulty or misdescribed; or

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.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

9.4 How we will refund you. If you are entitled to a refund under these terms 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.

9.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

9.5.1 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 which 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 handled them in an unacceptable way, you must pay us an appropriate amount.

9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 2-3 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, our refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to return a product to us, see 9.2.

10. Our rights to end the contract

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 you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product, for example full name, payment, billing and shipping information;

10.1.3 you have re-sold any of our products; or

10.1.4 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01633 495136 or email us at [email protected].

12. Your rights in respect of defective products if you are a consumer

12.1 If you are a consumer 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 products. 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 please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods 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:

a) Up to 30 days: if your products are faulty, then you can get an immediate refund.

b) Up to six months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. Please call customer services on 01633 495136 or email us at [email protected] for a return label.

13. Your rights in respect of defective products if you are a business

13.1 If you are a business customer we warrant that on delivery any products shall:

13.1.1 conform with their description and any relevant specification;

13.1.2 be free from material defects in design, material and workmanship;

13.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

13.1.4 be fit for any purpose held out by us.

13.2 Subject to clause 13.3, if:

13.2.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;

13.2.2 we are given a reasonable opportunity of examining such product; and

13.2.3 you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:

13.3.1 you make any further use of such product after giving a notice in accordance with clause 13.2.1;

13.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the product or (if there are none) good trade practice;

13.3.3 you alter the product without our written consent; or

13.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.

13.5 These terms shall apply to any replacement products supplied by us under clause 13.2.

14. Price and payment

14.1 Where to find the price for the product. 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 clause 14.3 for what happens if we discover an error in the price of the product you order.

14.2 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.

14.3 What happens if we got 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, 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.

14.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard, PayPal, American Express and Klarna. You must pay for the products before we dispatch them. Alternatively, if you opt to check out through a third-party payment provider, their terms and conditions will apply to you. If you are a consumer, your cancellation rights under clause 8 will not be affected by choosing to pay through a third-party payment provider.

14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14.8 Import duties and taxes for international delivery. Your order may be subject to import duties and taxes which are applied when the delivery reaches your specified delivery location (if outside of the UK). Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of such import duties and taxes. You must comply with all applicable laws and regulations for which the products are destined. We will not be liable to or responsible if you break any such law.

15. Our responsibility for loss or damage suffered by you if you are a consumer

15.1 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.

15.2 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 clause 12.1; and for defective products under the Consumer Protection Act 1987

15.3 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial or business purpose our liability to you will be limited as set out in clause 16.

16. Our responsibility for loss or damage suffered by you if you are a business

16.1 Nothing in these terms shall limit or exclude our liability for:

16.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

16.1.2 fraud or fraudulent misrepresentation;

16.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

16.1.4 defective products under the Consumer Protection Act 1987.

16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.3 Subject to clause 16.1:

16.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

16.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

17. How we may use your personal information

How we will use your personal information. We will only use your personal information as set out in our privacy policy which you may obtain here: http://bugformen.com/privacy-policy/

18. Other important terms

18.1 We may transfer this agreement to someone else. 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.

18.2 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.

18.3 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.

18.4 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.

18.5 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.

18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh 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 and Welsh courts.

18.7 Alternative dispute resolution if you are a consumer. 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. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Consumer Arbitration via their website at https://consumerarbitration.co.uk. Consumer Arbitration will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

18.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

SCHEDULE 1

Model Cancellation Form for consumer customers

(Complete and return this form only if you wish to withdraw from the contract)

To Cargo Interiors Limited, trading as Bug For Men of Studio 329 Woodside Way, Springvale Industrial Estate, Cwmbran, Torfaen, Wales, NP44 5BR (01633 495136 [email protected])

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

For a VAT receipt, request via email from [email protected]

Terms of sale last updated on April 1, 2021

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