Terms & Conditions

Please read the following important terms and conditions before you buy any ‘Waistchecker’ products on our site.

Welcome to www.waistchecker.co.uk. Thank you for visiting our site.

The Waistchecker tape measure is not intended to be a substitute for professional medical advice, diagnosis or treatment. The indicators on the Waistchecker tape measure are for information purposes only, based on NHS guidance. You should always seek the advice of a qualified healthcare professional regarding any weight-related or obesity condition or treatment.

Summary of some of your key rights:

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• We, us or our means Waistchecker Ltd, Ibex House, 61-65 Baker Street, Weybridge, Surrey, England, KT13 8AH; and
• You or your means the person using our site to buy products from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by e-mail info@waistchecker.co.uk.

Who are we?

1 Introduction

1.1 If you buy products on our site you agree to be legally bound by this contract.
1.2 You may only buy products from our site for non-business reasons.
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any products, you also agree to be legally bound by our Website Terms of Use and any documents referred to in them.

2 Information we give you

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 Read our Confirmation Email (see clause 3.2.3) or
2.1.2 Contact us at Waistchecker Ltd, PO Box 711, Weybridge, KT13 3HN, Email info@waistchecker.co.uk
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3 Ordering products from us

3.1 Below, we set out how a legally binding contract between you and us is made.
3.2 You place an order on the site by means of our checkout process. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
3.2.1 When you place your order at the end of the online checkout process (when you click on the payment button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:

(a) the products are unavailable;
(b) we cannot authorise your payment;
(c) we are unable to ship the products to you;
(d) you have ordered too many products; or
(e) there has been a mistake on the pricing or description of the products.
3.2.3 We will only accept your order when we email you to confirm this (Shipment Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch the products to you.
3.3 If you are under the age of 18 you may not buy any products from the site.

4 Right to cancel this contract

4.1 You have the right to cancel this contract within 14 days without giving any reason.
4.2 The cancellation period will expire after 14 days from the day of receipt of the products.
4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by email. You can use the model cancellation form set out in the box below, but it is not obligatory.

Cancellation form

To Waistchecker Ltd (info@waistchecker.co.uk):
1) I hereby give notice that I cancel my contract of sale of the following products: [insert details of products]
2) Ordered on [insert date of order]
3) Name of consumer(s):
4) Address of consumer(s):
5) Date:

4.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5 Effects of cancellation

5.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery.
5.2 We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you – you should return the products in unused and otherwise re-saleable condition.
5.3 We will make the reimbursement without undue delay, and not later than:
5.3.1 14 days after the day we received back from you any products supplied, or
5.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the products, or
5.3.3 if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
5.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.5 If you have received products:
5.5.1 you shall send back the products without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us.
5.5.2 you will have to bear the cost of returning the products.
5.5.3 you are only liable for any diminished value of the products resulting from their being handled beyond what is necessary to establish the nature, characteristics and functioning of the products.

6 Delivery

6.1 We use independent contractors (Royal Mail) to deliver our products. The products are shipped second class and should arrive to you after 3-4 working days.
6.2 We are unable to deliver to locations outside the United Kingdom.
6.3 If something happens which:
6.3.1 is outside of our control, and
6.3.2 affects the estimated date of delivery
we will let you have a revised estimated date for delivery of the products.
6.4 Delivery of the products will take place when we deliver them to the address that you gave to us.
6.5 Unless you and we agree otherwise, if we cannot deliver your products within 30 days, we will:
6.5.1 let you know;
6.5.2 cancel your order; and
6.5.3 give you a refund.
6.6 You are responsible for the products when delivery has taken place. In other words, the risk in the products passes to you when you take possession of the products.

7 Payment

7.1 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.2 Your credit card or debit card will be charged when you click on the payment button during the payment process.
7.3 If your payment is not received by us and you have already received the products, you:
7.3.1 must pay for such products within 7 days, or
7.3.2 must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use them before you return them to us.
7.4 If you do not return any products (such as where you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
7.5 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.
7.6 The price of the products:
7.6.1 is in pounds sterling (£)(GBP); and
7.6.2 includes the cost of packing and postage.
7.7 We do not store credit card details.

8 Nature of the products

8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the products:
8.1.1 are of satisfactory quality;
8.1.2 are fit for purpose; and
8.1.3 match the description.
8.2 We must provide you with products that comply with your legal rights.
8.3 The packaging of the products may be different from that shown on the site.
8.4 While we try to make sure that the colours of our products and their packaging are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use
8.5 Our policy is to improve our products continually, and so we reserve the right to make minor technical changes to the specification of the products without affecting their function, quality or price.

9 Faulty products

9.1 We are under a legal duty to deliver products to you which are in accordance with the contract created by our acceptance of your order. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
9.1.1 contact us using the contact details at the top of this page; or
9.1.2 visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.
9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
9.3 Please contact us using the contact details at the top of this page, if you want:
9.3.1 us to replace the products;
9.3.2 a price reduction; or
9.3.3 a refund.

10 End of the contract

10.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11 Limit on our responsibility to you

11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
11.1.1 losses that:

(a) were not foreseeable to you and us when the contract was formed, and
(b) that were not caused by any breach on our part;

11.1.2 business losses; and
11.1.3 losses to non-consumers.

12 Disputes

12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with:
12.2.1 the products;
12.2.2 our service to you; or
12.2.3 any other matter
please contact us as soon as possible.
12.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
12.3.1 let you know that we cannot settle the dispute with you; and
12.3.2 you may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://ec.europa.eu/consumers/odr/.
12.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.
12.5 Relevant United Kingdom law will apply to this contract. If you are resident outside the United Kingdom, you will continue to benefit from any mandatory provisions of the law of the country in which you are resident.

13 Third party rights

13.1 No one other than a party to this contract has any right to enforce any term of this contract.