DISCLAIMER: * Please note that results can vary from person to person

Terms and Conditions

Terms and Conditions for the Supply of Goods through the website. This service is operated by maloryband.com and Malory Band, each separately and together in this Agreement, “we”, “us” or “our”). Our contact details are:
watchingyourwaist@maloryband.com or +44 (0) 7773 646 646

1. The contract between you and us

We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been received by sending an e-mail to you at the e-mail address you provide in your order form. This is not an order acceptance from Malory Band. Our acceptance of your order takes place on the dispatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with clause 3. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site.

2. Pricing, delivery and discount codes

2.1 The prices payable for goods that you order are as set out in our website. All of our prices are in UK pounds sterling. You will be billed in UK pounds sterling and if you purchase from outside the UK, currency fluctuations and credit card charges may alter the amount billed on your credit card.

2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

2.3 Promotional discount codes: we may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though this website.

3. Right for you to cancel your contract

3.1 Subject to 3.3 below, you may cancel your contract with us for the goods you order at any time up to the end of the 7th working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. We do not refund postage and package costs unless the reason for return is due to our error.

3.2 To cancel your contract you must notify us by e-mail at watchingyourwaist@maloryband.com

3.3 Your right to cancel your contract with us for the goods you have ordered is subject to:
a) you not having worn or damaged the Malory Band
b) you not having removed or damaged any items from the original packaging
c) the item(s) cannot be a bespoke special order, which due to their unique nature, cannot be exchanged or returned under any circumstances
d) refunds can only be made to the original purchaser’s card.

3.4 Once we have received the product(s), the sum taken from your credit card (minus postage and packing if the reason for return is not due to our error) will be credited to your card as soon as possible and in any event, within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, in the way detailed above, we shall be entitled to deduct the costs of recovering the goods from the amount to be credited to you.

3.5 REFUNDS You may request a refund within 7 days of receiving your Malory Band. You should return the product in its original packaging, and in original condition, with the invoice or reference number. We recommend that you track the package to ensure it arrives safely in the UK

4. Cancellation by us

4.1 We reserve the right to cancel the contract between you and us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered
4.1.2 we do not deliver to your area
4.1.3 one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

4.2 If we do cancel your contract we will notify you by e-mail or by telephone, and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event, within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of goods to you

5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate. The packaging has been designed to fit through a standard letterbox ; however you may have to collect your item(s) from your Post Office if it (they) cannot be delivered.

5.2 All orders within the UK are delivered using first class Royal Mail or an alternative carrier during Royal Mail industrial action.
Delivery within the UK is £3.95 (multiple orders will carry a higher postage fee, based on weight) and will be despatched from our fulfillment house. Prices for delivery to all non-UK locations is available below and delivery times are subject to the carriers’ terms.
We aim to despatch orders within 24 working hours but during very busy times, it may take longer.
International shipping charges are £5.90
For customers in the United States, customs duties do not apply to goods purchased under the value of $200. Please be advised that any purchase that exceeds this value may be subject to duties within the USA.
The order must be placed by 3pm for next day delivery.

5.3 You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

5.4 We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom. Accessing our website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

5.5 If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.

5.6 UK ONLY If you need to return the product(s) for an exchange, please return the band and pouch only. We will exchange the product(s) as requested and send to you via 1st class post.

5.7 INTERNATIONAL ORDERS – please ensure that you order the correct size Malory Band by measuring yourself, as we regret that we are unable to exchange international orders.

5.8 INTERNATIONAL REFUNDS – for a “goodwill” refund (i.e where there is no legal right to a refund or exchange) you can return your Malory Band for a refund, provided you have the order reference number. Items must be returned in their original packaging and in a re-saleable condition within 35 days of receipt of your goods. We will refund the price paid for unwanted items but delivery charges, or any duties and taxes will not be refunded.

5.9 Partial refunds on promotions – if you take advantage of our ‘Buy 1 band, get the 2nd half price’ promotion and wish to return only one band for a refund, we will refund the amount paid for the second band i.e. at half price.

6. Marketing contact

You agree, unless you let us know otherwise, to being contacted by a member of the Malory Band team with regard to future offers and general marketing information. If you do not wish to be contacted, please email us at watchingyourwaist@maloryband.com. We are also interested in talking to our customers about their success stories with the potential for sharing the story on our website.

7. Service access

7.1 While we endeavour to ensure that the website is normally available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time or for any period.

7.2 Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

8. Liability

8.1 If the goods we deliver are not what you ordered or are damaged, defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 7 working days of the delivery of the goods in question.

8.2 If you do not receive goods ordered by you within 7 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:
8.2.1 to make good any shortage or non-delivery; or
8.2.2 to replace any goods that are damaged or defective; or
8.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.

8.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.2.3 above.

8.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

8.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer, neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

8.6 We cannot be held responsible for any delays once the goods have left us and are in possession of the courier, Royal Mail, Parcel Force, Fedex or any other authorised carrier.

9. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by e-mail to our contact address at Malory Band, email – watchingyourwaist@maloryband.com and all notices from us to you will be displayed on our website from time to time.

10. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11. Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy.

12. Third party

12.1 Third Party Rights: Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

12.2 Third Party links: We may include hyperlinks on this Site to other websites or resources operated by parties other than Malory Band, including advertisers. Malory Band has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

13. Governing law

Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.

14. Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and Privacy Policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

15. Trade marks

Malory Band is the operator of maloryband.com. All trademarks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by us in respect of the use of any such brand names, photographs, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.

16. Events beyond our control

We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

17. Our rights

17.1 We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.

17.2 We reserve the right to change the Conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.