Terms of Sale

These Terms and Conditions and our Privacy Policy govern your use of the bodycareonline.co.uk website (“The Site”). This page provides information about The Site and the legal requirements that may apply to your use of The Site and any product or service you order from us. These terms do not affect your statutory rights.

The Site is owned and operated by GR & MM Blackledge plc. GR & MM Blackledge plc is registered in England and Wales (company registration number 01764610). Our registered office is at Matrix Park, Leyland, PR7 7NB. Our registered VAT number is 765 365 96.

If you have any questions relating to the terms and conditions please use our Contact Us page and a member of the customer service team will be in contact.

Applicable Law

Use of and purchase made on The Site are governed by English law. The contract for purchases made on The Site is made with GR & MM Blackledge plc. T/A Bodycare Online, Matrix Park, Leyland, PR7 7NB.

Intellectual Property

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to GR & MM Blackledge plc. If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in user generated content that you submit through the Website) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website. You do not have permission to reproduce, modify, copy or distribute our content for commercial purposes without written permission from us. No licence is granted to use any trademark of GR & MM Blackledge plc or its companies.

Registration, Password and Security

You must ensure all details provided upon registration will be correct and up to date. When you register to use the The Site you will be asked to create a password; this must be kept confidential and you must not disclose or share it with anyone, even GR & MM Blackledge plc staff. You as the owner of the account are responsible for all activities and orders that are submitted under your account. If you suspect that someone else knows your password you should change the password by logging in to your account and changing the password.

Product Description, Price and Product Information

All products and prices on The Site should be accurate when published on the website. We reserve the right, however, to change prices at any time without notice to you. Every effort is made to ensure that prices shown are accurate at the time you place your order.

All product prices shown are inclusive of any VAT (where applicable).

 If, by mistake, we have under priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we despatch the product to you. In those circumstances, we will refund you for the items ordered and notify you of the correct price, giving you the opportunity to purchase the items at the correct price, subject to stock availability.

Slight variations in colour and appearance may occur. We take great care to reproduce product descriptions and specifications provided by manufacturers accurately, but errors may occur. We will not be responsible for any errors or omissions. If there is anything which is unclear, or if you wish to obtain further information, please contact us.

Acceptance of Order

Your order is only contractually accepted once it has been shipped. We reserve the right to cancel and refund your order prior to this point.

Age Restrictions

We only accept orders from persons aged 18 and over. By placing an order you are confirming that you are aged 18 or over.

Incorrect Delivery Address

If your order is placed with an incorrect delivery address, there is no guarantee that this address can be amended. In such instances where an incorrect delivery address has been provided and the order cannot be delivered successfully, it will be returned to GR & MM Blackledge plc by the courier.

PayPal Pay in 3

PayPal Pay in 3 allows you to pay for your purchase in three interest-free instalments.

Your first instalment is due at the time you make your purchase.

Your second and third instalment will be due on the following two months. These are detailed in Clause 1.3 below.

Repayments are made automatically from your PayPal account using the funding source you select.

If you miss a repayment, your credit record may be affected in a way that makes it more difficult or expensive to obtain further credit.

You may repay the amount you owe in full at any time, without any fees or charges.

We may carry out a credit check when you apply – if we do, this will leave a mark on your file that can only be viewed by you and not by others.

We will provide information on how you manage your repayments to credit reference agencies.

Before you proceed, please carefully consider these terms and conditions and whether you will be able to make the repayments when they are due.

Please refer to our Privacy Statement at https://www.paypal.com/uk/webapps/mpp/ua/privacy-full for more information about how PayPal processes your personal data.

Your Pay in 3 Plan

1.1. PayPal Pay in 3 is a fixed sum credit arrangement (“Pay in 3 Plan”), granted to you, the customer named above, (“you”) by PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”, “us” or “we”) pursuant to this Agreement which supplements your PayPal User Agreement and specifically governs your use of your Pay in 3 Plan.

1.2. PayPal Pay in 3 allows you to pay in instalments for eligible purchases, that you make using your PayPal account.

1.3. The Transaction Amount is the value of your purchase less any PayPal account balance or special funding arrangement applied. We will automatically apply any merchant or transaction specific balance linked to your PayPal account to fund an eligible purchase and this will reduce the amount which is available to be funded through a Pay in 3 Plan. Pay in 3 will not be available where the Transaction Amount is reduced below £30 and may not be available for purchases with certain merchants.

1.4. You agree that the Loan Amount set out in Clause 1.3 above may vary from the amount set out above depending on: any changes to the applicable currency conversion rate that occurs between the time the transaction is authorised and the time your PayPal account is debited; and/or any additional amount you may accept to pay under the purchase contract with the merchant such as (but not limited to) shipping costs, insurance costs, etc.

1.5. You expressly agree that any Loan Amount varied in accordance with Clause 1.4 above is the amount you agree to borrow under your Pay in 3 Plan. Your varied Loan Amount and the updated Repayment Plan can be viewed by logging into your PayPal account.

1.6. You acknowledge and agree that the Pay in 3 Plan falls under the exemption set out in Article 60F of the Financial Services and Markets Act (Regulated Activities) Order 2001. This means that the Consumer Credit Act 1974 and other protections provided by the UK’s consumer credit regime do not apply.

1.7. PayPal Pay in 3 is available to natural persons of at least 18 years old residing in the United Kingdom that hold a PayPal account with a valid debit card or bank account linked to it as a funding source for the duration of this Pay in 3 Plan.

1.8. Our decision to lend to you under this Agreement is based on, amongst other things, our assessment of your financial position, the information you provided us within your application and information about your usage and history with PayPal. You may wish to download or print a copy of this Agreement and retain it for your records.

Execution and entry into force of this Agreement

2.1. By entering into this Agreement, you expressly accept that the performance of this Agreement starts immediately after your acceptance and not after the expiration of the fourteen (14) calendar day withdrawal period further detailed in Clause ‎3 below.

2.2. PayPal reserves the right to grant or refuse the Pay in 3 Plan at its sole discretion and for any reason, including on the basis of our assessment of your financial position.

2.3. If your first instalment at the time of application is rejected or fails, your application for PayPal Pay in 3 will be declined and you will be asked to choose a different method of payment for your purchase.

2.4. The Loan Amount made available under this Agreement will be directly paid to the relevant merchant through your PayPal account. If the Loan Amount (or funds corresponding to it) is not collected by the merchant within twenty-six (26) calendar days of the date of this Agreement, you expressly agree that this Agreement will be automatically cancelled without any costs or liabilities imposed on either party from such cancellation.

Your right of withdrawal from this Agreement

3.1. You may withdraw from this Agreement without giving a reason by contacting us using the details provided in Clause ‎8.3 below. You have fourteen (14) calendar days to do so, starting from the day after you enter into this Agreement.

3.2. If you choose to withdraw from this Agreement, the Agreement will end and you will have to repay any Loan Amount outstanding.

Withdrawal from the purchase contract

4.1. If you have the ability to withdraw from your purchase contract, for example by returning the goods to the merchant, in most cases the merchant will credit any applicable funds back to your Pay in 3 Plan. This amount will be used to satisfy any Loan Amount outstanding.

4.2. If you choose to withdraw only from part of your order under the purchase contract or the merchant provides a partial refund, the Loan Amount will be reduced accordingly with the future instalments to be paid pursuant to the Repayment Plan being reduced equally and proportionally. You can view your revised Loan Amount and Repayment Plan by logging into your PayPal account.

4.3. Where your purchase contract was funded by PayPal account balance and /or special funding arrangement in addition to your Pay in 3 Plan: If you withdraw from your purchase contract or from part of your order under the purchase contract, or the merchant provides a partial refund, any refund will be applied in the following order: firstly credited to your Pay in 3 Plan and used to satisfy any Loan Amount outstanding; secondly credited to your PayPal account (only where the purchase contract was partly funded by your PayPal balance); any remaining amount will be applied to re-instate or partially re-instate the special funding arrangement in your PayPal account (provided that it has not already expired) on the terms which applied to it at the time of the purchase contract. Where the refund amount is not enough to satisfy the Loan Amount in full, it will be reduced accordingly with the future instalments to be paid pursuant to the Repayment Plan being reduced equally and proportionally. In this situation, any special funding arrangement will not be re-instated to your PayPal account. If any activity detailed in this Clause 4 results in an overpayment to your Pay in 3 Plan, PayPal will reimburse you the overpaid amount within thirty (30) calendar days.

4.4. In the event you receive a refund from a merchant, it is your responsibility to return the item purchased to the merchant and, other than as set out in this Agreement and your statutory rights, we will not be held liable for a dispute between you and the merchant in relation to an item purchased.

Repayments

5.1. You are required to repay the Loan Amount in accordance with the Repayment Plan as updated from time to time.

5.2. Each repayment will be automatically debited from your chosen Repayment Method (as may be updated from time to time) on the dates set out in the Repayment Plan.

5.3. You can also repay the next instalment in your Repayment Plan or the outstanding Loan Amount at any time. You may do this by logging into your PayPal account and clicking on the “Make a Payment” button in the Pay in 3 section or by contacting our customer service team.

5.4. If you choose to repay the next instalment in your Repayment Plan early, we will not debit your Repayment Method on the date specified for that instalment.

5.5. There are no fees or charges associated with making a repayment in accordance with Clause 5.3 above.

5.6. If PayPal tries to debit your Repayment Method for the repayment of an instalment and it fails, we may represent that amount to your Repayment Method for payment within 10 days or alternatively take the repayment from the balance of your PayPal account, if any. I

5.7. If you repay us more than you owe us, we will refund any excess amount to your PayPal account within thirty (30) calendar days.

5.8. If we refund your PayPal account and it is later determined that no refund should have been paid, we will be entitled to recover it from your PayPal account where there is sufficient balance or from your Repayment Method.

5.9. Repayments made by you under this Agreement will be applied: first, to past instalments which are due but unpaid (if any); then to the current instalment being due; and then to future instalments in the date order that they fall due.

5.10. Missing a repayment could have severe consequences, including our taking legal action against you, and may make obtaining credit more difficult. If you miss a repayment: Your credit records may be affected in a way that makes it more difficult or expensive to obtain further credit; and You may face legal action to recover what you owe.

Your Pay in 3 purchases

6.1. The Pay in 3 Plan is only available in GBP. For transactions not in GBP, PayPal will automatically convert the transaction amount to GBP at checkout before providing you with the Pay in 3 Plan. Any applicable currency conversion or other charges will be applied in accordance with your PayPal User Agreement.

6.2. PayPal may enable the use of special funding arrangements for Pay in 3 purchases in its absolute discretion.

6.3. For the avoidance of doubt, you must continue to make the repayments due under this Agreement on their due date whilst any claim and/or dispute you raise is being investigated.

Our liability

7.1. We shall not be responsible if you are unable to use your Pay in 3 Plan or should we be unable to carry out any of our obligations under this Agreement due to: our compliance with applicable laws or regulation; or abnormal and unforeseeable circumstances beyond our reasonable control, the effects of which would have been unavoidable despite our efforts to the contrary.

7.2. You cannot use a claim against a merchant as a reason for not making repayments to us unless you have a legal right to do so.

Communication

8.1. By derogation from your PayPal User Agreement, any notice to be provided to you by us under this Agreement will be exclusively sent by posting it on the PayPal website(s) (including the posting of information which is only accessed by logging into your Account), emailing it to the email address listed in your Account, calling you by phone, or sending you a “text” / SMS message.

8.2. If we have reasonable grounds for believing that you have changed your email and postal addresses, for example because our correspondence is returned to us, we may instruct agents to trace you.

8.3. You can contact us online at www.paypal.com/uk by selecting ‘Help’ and then ‘Contact us’.

Changing this Agreement

9.1. We may change any term of this Agreement where the change is necessary to make the Agreement fairer to you or easier to understand or reflects a change in relevant laws or regulation. Unless prohibited from doing so by law or regulation, we may make the change immediately and tell you about it within sixty (60) calendar days.

9.2. If you apply for and are offered further Pay in 3 Plans, those Plans will be subject to the terms that apply as at the date of the relevant Pay in 3 Plan, which may differ from the terms of this Agreement. You are responsible for ensuring that you are familiar with the terms of each Pay in 3 Plan you enter into.

Termination

10.1. This Agreement shall automatically terminate once the Loan Amount is repaid in full.

10.2. We may terminate this Agreement and the related Pay in 3 Plan and demand immediate repayment of the full amount you owe us if: we find out that our decision to lend to you was based on inaccurate, misleading or incomplete information; you breach this Agreement regularly or seriously; you break the law or you appear on any sanctions list that we monitor; we have a reasonable belief that you no longer have the ability to control your account, including if you are deceased or of unsound mind; you have broken the terms of another agreement with us (including other Pay in 3 Plans or a PayPal Credit agreement); we reasonably believe you no longer reside in the United Kingdom; or if you close or attempt to close your PayPal account.

10.3. To the extent permitted by the applicable law, we may also ask you to pay any reasonable losses and costs that we incur as a result of you breaching this Agreement.

10.4. You may terminate this Agreement at any time by repaying the outstanding Loan Amount due at this date within the conditions set out in Clause ‎5.3 above.

General

11.1. The laws of England and Wales apply to this Agreement and any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11.2. PayPal (Europe) S.à.r.l. et Cie, S.C.A. (a limited liability partnership registered at the companies register of Luxembourg under number B 118 349, having its registered office at 22-24 Boulevard Royal, L-2449, Luxembourg) is duly licensed as a Luxembourg credit institution and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier, with registered office in L-2449 Luxembourg.

11.3. This Agreement contains the whole agreement between us and you regarding your Pay in 3 Plan and supersedes and replaces any prior written or oral agreements, representations or understandings between us and you in relation to this Agreement. Each party confirms that it has not entered into this Agreement on the basis of any representation that is not expressly incorporated in this Agreement. In the event of a conflict between this Agreement and any provision of the PayPal User Agreement, the terms of this Agreement shall prevail.

11.4. You acknowledge and agree that any liability that we may have in connection with your PayPal Account and the PayPal products and services we may provide to you from time to time may be subject to write-down and conversion powers by a competent regulatory authority that supervises us, notwithstanding any term of any other agreement or arrangement between us. This is due to a requirement in a European Union Directive (2014/59/EU) (as transposed into relevant national law) which provides regulatory authorities with such powers to manage the resolution of relevant financial institutions like PayPal. These powers are intended to avoid or reduce the need for governments and taxpayers to bail out relevant failing financial institutions.

11.5. By your use of your PayPal Account and any PayPal products and services, you acknowledge and agree to be bound by the effect of such write-down and conversion powers, which include (among others) (a) a reduction, in full or in part, of any amounts that may be due by PayPal to you; (b) a conversion of all, or part of, any such liability into shares in PayPal; (c) a cancellation of any such liability; and (d) a variation of any term of our relevant agreement(s) in connection with your PayPal Account and any PayPal products and services with a view to enable the effective exercise of these powers. For example, the money that PayPal owes you may be converted into PayPal shares instead of being paid to you in cash.

Complaints

12.1. If you have a complaint against us, our goal is to learn about and address your concerns. Complaints may be reported by contacting us online at www.paypal.com/uk by selecting ‘Help’ and then ‘Contact us’.

12.2. You may also file a complaint by contacting one of the following: European Consumer Centre (ECC-Net). You may obtain further information regarding the ECC-Net and how to contact them at http://ec.europa.eu/consumers/redress_cons/. Commission de Surveillance du Secteur Financier (CSSF). The CSSF is the authority responsible for the prudential supervision of companies in the financial sector in Luxembourg. You can contact the CSSF at 110 Route d’Arlon L-2991 Luxembourg. You may obtain further information regarding the CSSF and how to contact them at: http://www.cssf.lu.

12.3. If we do not resolve your complaint internally to your satisfaction, you may be able to refer it to the Financial Ombudsman Service (FOS). The FOS is a free, independent service which might be able to settle your complaint. The FOS’s contact details are: Post: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR Telephone: 0800 023 4567 E-mail: complaint.info@financial-ombudsman.org.uk You can find out more information from the FOS website: www.financial-ombudsman.org.uk

Data Protection

Please refer to our Privacy Statement at https://www.paypal.com/uk/webapps/mpp/ua/privacy-full for more information about how PayPal processes your personal data.

If you want to exercise your data protection rights or have any questions about our Privacy Statement, PayPal’s data protection practices, or your PayPal Pay in 3 application, you can contact us online at www.paypal.com/uk by selecting ‘Help’ and then ‘Contact us’, or by writing to us at the following email address DPO@paypal.com or at PayPal (Europe) S.à.r.l. et Cie, S.C.A Société en Commandite par Actions 22-24 Boulevard Royal L-2449, Luxembourg.

The details you provide in your application form help us make responsible lending decisions. We ensure the security of your personal data.

For credit decisions and the prevention of fraud and money laundering, we may use credit reference and fraud prevention agencies (“FPAs”) to help us make decisions.

When you apply to us to open a Pay in 3 Plan, we will check the following records about you: Any PayPal data that we currently hold in relation to you. Potentially, those at credit reference agencies (“CRAs”). The identities of the CRAs, and the ways in which they use and share personal information, are explained in more detail at: www.transunion.co.uk/crain www.equifax.co.uk/crain www.experian.co.uk/crain

Information on applications will be sent to CRAs and will be recorded by them. Where you borrow from us, we will give details of your Pay in 3 Plans and how you manage them to CRAs. If you do not repay in full and on time, CRAs will record the outstanding debt. This information may be supplied to other organisations by CRAs and FPAs to perform similar checks and to trace your whereabouts and recover debts that you owe. Records remain on file for 6 years after they are closed, whether settled by you or defaulted.

If you provide false or inaccurate information and we suspect or identify fraud, we will record this and will pass this information to FPAs and other organisations involved in fraud and money laundering prevention.