Terms and Conditions
It is of the utmost importance that you (the ‘Customer’) read these Terms and Conditions (‘Terms’) carefully. As soon as you begin a project with Bodywear Lab you agree to be subject to them.
a) 'Terms’ means the Terms and Conditions of service outlined in this document, updated from time to time Clause 10 and any other special considerations agreed in writing by Luxintimates Limited. The following definitions shall apply in this agreement.
i) The ‘Seller’ is Luxintimtes Limited. (trading as Bodywear Lab), a company registered in England and Wales with Company number 12191360, whose registered office is Unit 26 Talina Centre, 23A Bagley’s Lane, London, SW6 2BW, United Kingdom. VAT Number 156 3570 04.
ii) ‘Customer’ means the account applicant or person who agrees to buy Services from the Seller.
iii) ‘Parties’ shall mean both the Seller and Customer.
iv) ‘Services’ means any work undertaken by Luxintimates Limited and agreed partners including but not limited to Design creation, Sourcing, Sampling prototypes, Grading, Grade Testing and Production of garments within the categories of activewear, swimwear, lingerie, resort and loungewear, as agreed between the Parties.
v) ‘Working Day’ means any day which is not a Saturday, Sunday or Bank Holiday within the UK.
vi) ‘Intellectual Property Rights’ means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
We may modify these terms at any time. Bodywear Lab reserves the right, to modify these terms, fees, charges or any content at any time. The Customer shall be responsible for reviewing and becoming familiar with any such modifications.
a) You retain all intellectual property rights, including copyright, to the content that you have uploaded to the website or emailed to us. We may delete, remove or refuse to display any at our sole discretion.
b) Images provided by you or by us on your behalf which are then turned into a custom product may (subject to the restrictions in these terms) be made available for viewing to other customers for display in our gallery only.
c) We may display, modify, print, transmit, distribute or delete any of the images that you provide to us.
d) You accept that a design (except vector) or photograph when enlarged may lose some definition and that colour variation may occur in finished item.
e) You are advised to keep backups of all content provided to us. It is up to you to keep backup copies of content provided by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any content.
f) We may without notice and at our sole discretion delete or remove any content that has been provided, emailed or submitted for printing in breach of these terms. We may refuse to provide any further services to anyone who breaches these terms. You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of: any use by you or your guests of this service in breach of these terms
g) You are not allowed to provide, email to us or order products of any content which contains pornographic, obscene, indecent or offensive material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or that may incite hatred or violence against any person or group, blasphemous material, defamatory or otherwise actionable material, images of any criminal act, material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party, material that breaches any applicable laws or legislation. We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant content or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
h) You shall ensure your content does not infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an image that you upload to the Site and to authorise the subsequent use of it; misrepresent the User's identity in any way or impersonate any person; including any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person; harass, upset, embarrass, alarm or annoy any person.
a) You hereby acknowledge Luxintimates Limited’s sole responsibility is as a Service provider, to develop and manufacture the agreed Products. All Intellectual Property Rights belong to the Customer. You further acknowledge and agree that all copyright, design rights and other rights of a similar nature in any jurisdiction are your responsibility. It is the responsibility of the Customer to ensure they do not breech any design or Trademarks owned by another company.
b) The Customer shall have no claim against Luxintimates Limited or any other related party in the event that product(s) is/are the same or similar in design, created by Bodywear Lab is/are offered for sale to the general public by any other Customer.
a) The Customer and the Seller intend to disclose information to each other for the ‘Purpose’ of entering into a service agreement as set out in these Terms.
b) The Customer and Seller undertake not to use confidential information disclosed for any other Purpose, without obtaining prior written agreement of the other party.
c) The Customer and Seller undertake to keep all Confidential Information secure and not disclose it to any other third party, other than employees and professional thirds parties involved in the undertaking of the Purpose, who know they owe a duty of confidence to the other party.
d) ‘Confidential Information’ includes all information or material that is or may be of commercial value or have another utility within the business of either Party. All material passing between Parties for the Purpose of each party in carrying out its perspective duties will be treated as confidential. This Agreement applies to all disclosed information regardless of how that information was disclosed or recorded.
e) This Agreement does not include any information in the public domain now or in the future, unless it is as a result of a breach of this Agreement.
f) Neither this Agreement nor the supply of any information grants either party any license, interest or right in respect of any intellectual property rights of the other party except the right to copy the Confidential Information disclosed solely for the Purpose.
a) This website is operated by Bodywear Lab. Throughout the site, the terms “we”, “our” and “us” refer to Bodywear Lab. Bodywear Lab offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
b) By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
c) Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
d) Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
e) Our site is hosted on Shopify. They provide us with the online e-commerce platform that allows us to advertise and consult on our services.
a) The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
b) We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
c) We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
d) We assume no responsibility for the contents of any other websites to which the Website has links.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Unit 26 Talina Centre, 23A Bagley’s Lane , London, LND, SW6 2BW, United Kingdom.
a) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
b) These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
c) Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Products & Service
You are responsible for ensuring all details submitted at the end of the order phase is accurate and complete, in order for us to provide the Service you require. These details include, but are not limited to: name, address, contact telephone number, mobile number, email address, payment details, product size and specifications.
The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.
We may contact you via email or phone to query, make changes to or confirm your designs before we proceed with production of your order. If you do not respond to our queries, this may cause delay to your order. If we contact you with queries about your order it is because we deem it necessary in order to provide the Service. We are not obliged to contact you about your order during production.
a) Production times serve as an estimated timeline and do not warrant that the products will be produced and shipped by a specific date. We will do our best to meet this timeline.
b) All Product Sizes are expected to be accurate, but due to the nature of making customised products, there will be marginal size differences in the finished item to the sizes quoted on this website.
c) All Promotional Images of our products are good likenesses for what we produce. We do not warrant that the final item will be exactly as per the images contained in this website. There are often improvements made to products that are not visible in the promotional photographs.
a) We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction.
b) We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of service or service pricing are subject to change at any time without notice, at the sole discretion of us.
c) We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
d) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
a) We reserve the right to refuse service to anyone for any reason at any time.
b) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
c) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
a) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. b) This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
a) Certain content, products and services available via our Service may include materials from third-parties.
b) Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
c) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
a) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
b) You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
c) Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
d) We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
a) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or (3) to respond to any comments.
b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
c) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any thirdparty.
Errors & Termination
a) Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
b) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
a) In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
b) We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
c) You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
d) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
e) In no case shall Bodywear Lab, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Bodywear Lab and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
b) These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
c) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Changes to Our Service
a) You can review the most current version of the Terms of Service at any time at this page.
b) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
a) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
b) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.