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TERMS & CONDITIONS

Updated: 7th January 2024

Date of next review: January 2025

This site is owned and operated by Bella di Notte Ltd Registered office: Malton Enterprise Park, 6 Cherry Farm Close, Malton, YO17 6AD. Registered number 4894333 (England and Wales). Vat No: 708 709 322.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.belladinotte.com ("our site"). Please read these terms of use carefully before you start to use our site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

If you have any questions regarding these terms & conditions or have any comments or complaints regarding our website, please email us at info@belldinotte.com or call us on 01439 770040.

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Use of our site is restricted to customers aged 18 or over.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Accuracy of content

Bella di Notte Ltd has taken every care in the preparation of the content of our site, in particular to ensure that prices quoted are correct at time of publishing and all products have been correctly described. All prices are displayed inclusive of VAT.

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display as accurately as possible the colours of our products that appear on our site, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

The garment sizes and dimensions given are approximate only. However, we do make every effort to ensure they are as accurate as possible. Please refer to our Sizing Guide at https://www.belladinotte.com/sizing-guide  for further information.

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. To the extent permitted by applicable law, Bella di Notte Ltd disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on our site. Bella di Notte Ltd shall not be liable or responsible to any person for any loss or damage which may arise from the use of or reliance on any of the information contained in any of the materials on our site.

Site Changes

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to Our Site

We process information about you in accordance with our Privacy Policy which can be found at https://www.belladinotte.com/privacy. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our policy, as it includes important terms which apply to you.

Ownership of Rights

All intellectual property rights, including copyright, in this website and in the material published in it, are owned by or licensed to Bella di Notte Ltd. These works are protected by copyright laws and treaties around the world. All such rights are reserved. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Bella di Notte Ltd.

Linking to Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

Links from Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Viruses, Hacking and Other Offences

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Availability

Because all Bella di Notte garments are exclusive, occasionally some are limited. As a result, we regret that all Products shown on our site are subject to availability. However, we will do our very best to satisfy your requirements and keep you informed of the supply situation. We will inform you by telephone or email as soon as possible if the Product you have ordered is not available and we will not process your order if made.

Acknowledgment of your order

After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

Our acceptance of your order will take place upon dispatch of the goods ordered. We will confirm our acceptance to you by sending you an email that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send the Dispatch Confirmation. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by telephone or email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

Ordering errors

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to check your order at each stage of the order process before you click on ‘submit’ on the final page of our ordering process.

Payment

Secure payment over the Internet can be made by Visa, Delta or Mastercard. Unfortunately, we are currently unable to accept Maestro cards online. Payment for the Products and all applicable delivery charges will not be taken from your account until we have dispatched your order. It is imperative that you provide the cardholder's name as it is shown on the card, and address exactly as it appears on the card statement. No responsibility can be taken by Bella di Notte Ltd for incorrect, or incomplete, details submitted on our site. Orders without correct payment information will not be successfully processed. Card fraud is illegal and perpetrators will be prosecuted in all cases.

Pricing

Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we may adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing error, we do not have to provide the Products to you at the incorrect (lower) price.

Multibuy Offers

The products that are included in this offer are the products marked 'MULTIBUY'.If an item is returned that brings the total spend below the qualifying level, the offer value may be deducted from any refund. Gift Vouchers, Sale and Clearance items are excluded from this offer. Previous purchases are not eligible for this offer.

 

Delivery

Items will be delivered as stated in our delivery information found at  https://www.belladinotte.com/delivery.

We will endeavour to fulfil your order and dispatch goods as soon as possible. For a guaranteed delivery date please use our express delivery service.

Delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery of Products which cannot be posted through your letterbox, Royal Mail or our courier will leave you a note explaining that they tried to deliver the Products and which contains details of how to rearrange delivery or collect the Products from the post office or from the courier.

The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges.

If you order Products from our site for delivery to a destination outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

Delays

If we expect delivery to take longer than usual (for example, if the Product you have ordered is not currently in stock) we will call or e-mail you to advise you of the expected delivery date. If the expected delivery date is not to your satisfaction, you may cancel the order and receive a full refund.

Returns and Exchanges

Further information on the Bella di Notte returns and exchange policy can be found at  https://www.belladinotte.com/returns-exchanges. Return the goods unused/unworn with all swing tags attached and in their original condition within 28 days of purchase (14 days for sale items). Please note that, due to hygiene reasons we are unable to accept the return of opened multipack underwear, hosiery or socks. Your statutory rights are not affected.

Your Cancellation and Refund Rights under the Distance Selling Regulations

You have a legal right to cancel a Contract (under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

However, this cancellation right does not apply in the case of any made-to-measure Products.

Your legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of seven working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays and public holidays are not included in this period.

To cancel a Contract, you must contact us in writing by sending an email to info@belladinotte.com or by sending a letter to Customer Care, Bella di Notte Ltd, Malton Enterprise Park, 6 Cherry Farm Close, Malton YO17 6AD.

You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case within 30 calendar days of the day on which you gave us notice of cancellation. However, if you have returned Products to us because they are faulty or not as described, we will refund the price of the defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We will refund you on the credit or debit card used by you to pay.

If the Products were delivered to you:

(a) you must return the Products to us as soon as reasonably practicable;

(b) unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us; and

(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

 

Disclaimer & Limitations of Liability

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

To the fullest extent permitted by law, neither Bella di Notte Ltd, nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Bella di Notte Ltd or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.

We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Bella di Notte Ltd does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for fraud or any fraudulent misrepresentation.

While Bella di Notte Ltd uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Bella di Notte Ltd will not be responsible for any errors or omissions or for the results arising from the use of such information.

While Bella di Notte Ltd takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

Further, Bella di Notte Ltd will not be responsible nor liable for your use of any other websites which you may access via links within this website. Bella di Notte Ltd does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Bella di Notte Ltd.

The entire liability of Bella di Notte Ltd under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.

Bella di Notte Ltd will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any Events Outside of our Control as defined below.

No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

We do not in any way exclude or limit our liability for (a) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), (b) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (c) defective products under the Consumer Protection Act 1987.

Event Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under our Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

Jurisdiction and Applicable Law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.