Terms & Conditions
1. Introduction
Welcome to curvypower.co.uk. This website is wholly owned and managed by Curvypower LTD [company registration number 12990944] (hereafter referred to as Curvypower).
Registered office address
24-26 Arcadia Avenue, Dephna House #105, London, Greater London, United Kingdom, N3 2JU
We provide you with access to the curvypower.co.uk website and sell our products to you subject to the terms and conditions set out on this page.
Nothing contained in these terms and conditions will affect your legal rights as a customer. By buying our products, you can be assured that your rights are protected by law at all times.
2. Communications
Under no circumstances will we share or transmit your personal data to a third party. We will track how a user navigates through our site. This information is used to refine the content of our site; at no time during this period do we know who you are unless you make a purchase.
If you order from us, you will automatically be added to our newsletter service, informing you of discounts and any special offers such as product launches. This newsletter will contain an automatic unsubscribe option. If you do not wish to be added, please let us know by e-mail.
If you provide us with your postal address online, you may receive periodic mailings of information on new products or upcoming events. If you do not wish to receive such mailings, please let us know by e-mail.
3. Purchase and delivery
Once you place an order to purchase a CurvyPower product, we will send you an e-mail confirmation of receipt of your order and containing all the details of your order. This e-mail will also confirm the cost of the delivery method you have chosen, which will be added to the purchase price. You can find out more about the delivery methods on our shipping policy page.
Your order represents an offer to purchase a product, which we accept when we ship that product to you and which is confirmed by an e-mail we send to you confirming that we have dispatched the goods. Such acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Products from the same order whose dispatch has not been confirmed in a Dispatch Confirmation E-mail do not form part of this contract. You can view the orders you have placed and their current status at any time.
4. Refunds
We refund purchases within 30 days from the date of the original order.
5. Content
The content found on or via this website is owned by CurvyPower LTD or is used with authorization. You can not distribute, modify, transmit, re-use, download, upload, redistribute, copy or use such content, in whole or in part, for private use, business functions, or gain, without prior written permission.
6. Your conduct
This website must not be used in any way that results or is susceptible to cause the interruption, deterioration, or alteration of the website or access to it in any way for any reason. Whatsoever. You must not use the website for any of the following reasons:
Fraudulent purposes, or in connection with a criminal offense or other illegal activity
To send, use or re-use any material that is unlawful, offensive, abusive, indecent, defamatory, obscene or threatening; or in violation of copyright, trademark, trust, privacy, or any other right; or that is otherwise harmful to third parties; or objectionable; or that consists of or contains software viruses, political campaigns, commercial solicitations, chain letters, mass mailings or any "spam" that may cause unnecessary annoyance, inconvenience or anxiety.
7. Pricing, availability, and payment
Our prices are set in such a way that we can offer the customer an excellent price-quality ratio, a wide choice, and the assurance that we will always be there to provide customer service. Prices may be changed from time to time as a result of promotional offers.
Information on the availability of the products we sell is included on the website, including on each product information page. Beyond what we say on that page or on the website, we cannot be more specific about availability. Please note that shipping estimates are just that. They are not guaranteed shipping times and should not be relied upon as such.
Visa, Mastercard, American Express, debit cards, and PayPal are all accepted at www.curvypower.co.uk. All credit and debit card information remains encrypted and protected.
8. Complaints
In case you are not satisfied and wish to complain, please let us know by the contact method of your choice, and we guarantee to reply within 24 hours.
9. Governing Law and Jurisdiction
Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You and we agree to submit to the jurisdiction of the English courts. Your statutory rights are not affected by these terms and conditions.
10.Alteration of the service or modification of the conditions
we reserve the right to amend or modify our website, policies, and these terms and conditions at any time. You will be subject to the terms and conditions in force at the time you use the website or order goods from us unless a change to these policies or conditions is required by law or governmental authority (in which case it will apply to orders you have previously placed).
11. Events beyond our reasonable control
We will not be liable for any delay or failure to perform our obligations under these terms and conditions if the delay or failure results from a cause beyond our reasonable control. This condition does not affect your statutory rights.
12. Derogation
If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you violate these terms.
13. Acknowledgement
BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE that you have READ THE TERMS OF SERVICE and that you are in compliance with them.
14. Contact us
Please send your reactions, comments, requests for technical assistance by e-mail: support@curvypower.co.uk.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
CurvyPower ! (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://curvypower.co.uk/policies/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that CurvyPower ! and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Clothing and shapewear . Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@curvypower.co.uk . Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in London, England before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which CurvyPower !’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.