Terms & Conditions

This section, and the documents referred to on it, tells you the terms and conditions on which we supply any of the products (Products) listed on our website, www.club-bb.co.uk (our website). Please read these terms and conditions carefully before ordering any Products from our website, since by ordering any of our Products, you agree to be bound by them.

You should print a copy of these terms and conditions for future reference.

By submitting any forms on our site you are agreeing to terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our website.

1. about us

www.club-bb.co.uk is a website operated by heidi klein Limited (us or we). We are registered in England and Wales under company number 04251231 and with our registered office and main trading address at 257 Pavilion Road, London SW1X 0BP. Our VAT number is GB788717267.

2. Service availability

Our website is intended for use only by people resident in certain countries (Serviced Countries), which are as follows: Australia, Austria, Bahrain, Belgium, Bermuda, Brazil, Canada, Channel Islands, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Ireland, Israel, Italy, Japan, Jordan, Luxembourg, Korea, Kuwait, Macau, Mexico, Monaco, Netherlands, New Zealand, Norway, Portugal, Saudi Arabia, Scotland, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, Turkey, United Arab Emirates, United Kingdom, United States. We do not accept orders from individuals outside those countries.

3. Your status

By placing an order through our website, you warrant that:

  • You are legally capable of entering into binding contracts;
  • You are at least 18 years old or have permission to use the site from a parent or guardian;
  • You are resident in one of the Serviced Countries; and
  • You are accessing our website from a Serviced Country.

4. The contract between you and us         

4.1  After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation).  The contract between us (Contract) will be formed only when we send you the Dispatch Confirmation. 

4.2  The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

4.3  While we endeavour to present our Products as accurately as possible on this website, the colour you see may be affected by factors such as your computer screen, and so we cannot guarantee that the actual colour of a Product exactly matches that which you have seen on our website. 

5. Our status

5.1  In some cases we accept orders as agents on behalf of third-party sellers.  The resulting legal contract is between you and that third-party seller, and is subject to the terms and conditions of that third-party seller, which they should advise you of directly. You should carefully review their terms and conditions applying to the transaction.

5.2  We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third-party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.  This disclaimer does not affect your statutory rights against the third-party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third-party seller.

6. Consumer rights

6.1  If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products.  In such case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). 

6.2  To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately in the same condition in which you received them, at your own cost and risk, using the return label and enclosing a copy of your invoice. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.3  You may not cancel a Contract for the following Products:

(a) Any Product whose labels have been removed; 

(b) Any Product not in perfect condition or not returned in its original packaging; or

(c) Any Product falling within the exemptions in the Consumer Protection (Distance Selling) Regulations 2000, s.13 (c), with particular reference to goods “which by reason of their nature cannot be returned”. This will include, most relevantly, any bikini, underwear or similar undergarment which, whether or not the labels have been removed, has in our opinion been worn next to the skin and therefore cannot reasonably be resold.

6.4  Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.  This provision does not affect your statutory rights.

6.5  If you have any questions or feedback about our services, please e-mail us at hello@club-bb.co.uk, or call 0207 734 7784 between GMT 9 a.m. and 5.30 p.m. Monday to Friday, excluding Bank Holidays.

7. Availability and delivery

7.1  We will endeavour to keep our website as up-to-date as possible, but we cannot guarantee that a particular Product will be available at a particular time. If we cannot supply a Product, we will promptly return any of your funds held by us in relation to that Product.

7.2  Provided a Product is available, your order will be fulfilled by the delivery date set out in the Dispatch Confirmation, unless there are exceptional circumstances, in which case you will be contacted by a member of staff. 

8. Risk and title

8.1  The Products will be at your risk from the time of delivery.

8.2  Ownership of the Products will pass to you only when we receive full payment of all sums due in respect of the Products, including delivery charges.

9. Price and payment

9.1  The price of any Products will be as quoted on our website from time to time, except in cases of obvious error. 

9.2  Prices are quoted in pounds sterling, and include VAT but exclude delivery costs, which will be added to the total amount due after being calculated as follows:

(a) For an address in the UK:  £9.50 ex. VAT next day delivery (if placed by 12 noon previous day) or £7.50 ex VAT for delivery between 3 and 5 working days.                     

(b) For an address in the EU outside the UK:  £14 within 7 working days.   

(c) For any other worldwide address:  from £15, between 7 and 10 working days.

All prices include insurance up to the point of delivery. If you wish to track your order once it has been shipped, you may contact us at hello@club-bb.co.uk and we will either track your shipment or e-mail you a tracking number.

Prices may change at any time, but changes will not affect orders in respect of which we have already sent a Dispatch Confirmation.

9.3  It is possible that, despite our best efforts, some Products may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures, and where a Product's correct price is lower than our stated price, we will charge the lower amount to you.  If a Product's correct price is higher than the price stated on our website, we will normally either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection.

9.4  We are under no obligation to provide a Product to you at an incorrect price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as mispricing.

9.5  Payment for all Products must be by credit or debit card.  We accept payment with the following cards: Visa, MasterCard, American Express, Switch and Maestro.  We will not charge your credit or debit card until we dispatch your order.

9.6  If a Product is to be delivered to an address other than the billing address, an e-mail with a copy of the invoice will be sent to the cardholder’s e-mail address. A gift receipt will be enclosed with the shipment.

9.7  A signature will be required on delivery for all orders.

10. Refunds or exchanges

10.1  When you return a Product to us because you have cancelled the Contract within the seven-day cooling-off period (see clause 6.1 above), we will process the refund as soon as possible, and in any case within 30 days of the date on which you give notice of cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you; if you require an exchange instead, this will be provided once we receive your returned Product(s) and any additional payment required if the replacement is more expensive. With any cancellation under this clause 10.1, you will be responsible for the cost of returning the item to us.

10.2  When you return a Product to us for any other reason (for instance, because you claim that the Product is defective, or because you do not agree to any change in these terms and conditions or in any of our policies, as described more fully in clause 20), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund as soon as possible, and in any case within 30 days of the date on which we confirm your entitlement to a refund. With Products returned because of a defect, we will refund the price of the Product, the cost of sending the Product to you and the cost of returning the Product to us. 

10.3  We will usually refund money to the card used for the purchase.

11. Our liability

11.1  We warrant to you that any Product purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 

12.2  Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and by us at the time your order is accepted.

11.3  This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) Under section 2(3) of the Consumer Protection Act 1987;

(c) For fraud or fraudulent misrepresentation; or

(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4  We are not responsible for indirect losses which happen as a side-effect of the main loss or damage, including but not limited to:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable,

provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.

11.5  Where you buy any Product from a third-party seller through our website, the seller's individual liability should be set out in the seller's terms and conditions.

12. Import duty

12.1  Products delivered outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

12.2  Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

13. Written communications

Applicable laws require that some of the information or communications we send to you be in writing. When using our website, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

14. Notices

All notices given by you to us must be given to heidi klein Ltd at hello@club-bb.co.uk. We may give notices to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, three days after the date of posting of any letter to an address in the UK, five days after the date of posting of any letter to an address in the EU but outside the UK, or ten days after the date of posting of any letter to an address anywhere else in the world.

15. Transfer and rights of obligations

15.1  The Contract between you and us is binding on you and us and on our respective successors and assigns. 

15.2  You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our written consent. 

15.3  We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16. Events outside our control

16.1  We will not be liable or responsible for any failure to perform, or for delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

16.2  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control, and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action;

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) Impossibility of the use of public or private telecommunications networks; or

(f) The acts, decrees, legislation, regulations or restrictions of any government.

16.3  Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17. Waiver

17.1  If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2  A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3  No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

18. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19. Entire agreement

19.1  These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the supply of Products and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2  We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise either given by the other or implied from anything said or written in negotiations between us prior to such Contract, except as expressly stated in these terms and conditions.

19.3  Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

20. Variation of these terms and conditions

20.1  We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions, in technology, in payment methods, in relevant laws and in regulatory requirements. 

20.2  You will be subject to the policies and terms and conditions in force at the date you order Products from us, unless any change to those policies or these terms and conditions is required by law or governmental authority (in which case such change will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt of the Products).

20.3  We also have the right to withdraw items from, or add items to, our website at any time.

21. Law and jurisdiction

Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 
 

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