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TERMS AND CONDITIONS
  1. INTRODUCTION

This document (together with any documents herein mentioned) sets forth the Terms and Conditions governing the use of this website and the purchase of items through this website (hereinafter, the "Terms"). Please read through these Terms (together the "Data Protection Policies") prior to using this website. 

By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones. 

By purchasing any product from this website, you enter into a contract with us on these terms.

  1. OUR DETAILS

Sale of Body & Soul items through this website is carried out by Tropical West Ltd, a Mauritius company with registered offices at Ebene, Company registration number C07061168. The company, as appropriate, will be referred hereinafter as "us"/"we"/"our"/" Body & Soul". You may contact our customer service department by email customerservice@exoticgroup.net .

  1. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website, you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.

  1. USE OF OUR WEBSITE

By using this website and/or by placing any order through it, you undertake:

  1. To use the website exclusively to make legitimate enquiries or orders.
  2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
  3. To provide correct and accurate e-mail and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). If you do not give us all of the information that we need, we may not be able to complete your order.
  4. SERVICE AVAILABILITY

Items offered over this website are only available for delivery to Mauritius. If you wish to order items from another country outside of Mauritius via this website, you are of course welcome to do so, however the ordered items can only be delivered to a delivery address in Mauritius.

  1. HOW THE CONTRACT IS FORMED

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale, but rather an invitation to treat.  No contract in respect of any items will exist between us and you until your order has been expressly accepted by us, whether or not funds have been deducted from your account.  If we do not accept your offer and funds have already been deducted, these will be fully refunded.  To place an order, you must follow the online shopping process and click on "submit" to confirm the order. After this, you will receive an email from us confirming receipt of your order (the "Order Confirmation"). The Contract will relate only to those items whose dispatch we have confirmed in the Order Confirmation.  We will not be obliged to supply any other items which may have been part of your order, until the dispatch of those items has been confirmed in a separate Order Confirmation.

  1. AVAILABILITY OF ITEMS

All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items, we will refund you that you may have paid.

  1. REFUSAL OF ORDER

We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.

  1. DELIVERY

Subject to availability (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, then within a maximum of 3 days of the date of the Order Confirmation. If we fail to deliver the items within 30 days of the date of the Order Confirmation, you may cancel the Contract and we will reimburse you the price paid for the items and any delivery costs paid.

If our supply of the items is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have paid for but not received. 

For the purpose of these Terms, "delivery" or "delivered" shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address.

  1. UNABLE TO DELIVER

If we are unable to deliver, your items will be returned to our depot. Your item will be available in the Body & Soul shop at Bagatelle Mall. Our customer service will inform you the date on which you can collect your items.

If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we will assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, excluding delivery fee (if you have chosen the home delivery service) without any undue delay, and at any rate, within 30 days of the date on which this Contract has been terminated.

  1. CLICK AND COLLECT

If you have ordered Body & Soul items, and chosen the delivery at shop option, your order will be available to be picked up by you from that shop. The delivery date will be stated in the “Your Order Confirmation”.  

You can pick up the order either in person (by presenting the order number and a proof of identity) or you can appoint someone else to pick up the order on your behalf. In this case, the appointed person must present the order number and proof of his or her identity. 

  1. RISK AND TITLE

The Items will be at your risk from the time of delivery. 

Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in Clause 9), whichever is the later.

  1. PRICE AND PAYMENT

The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price. 

The prices on this website include VAT but exclude delivery costs, which will be added to the total amount due. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Therefore, except as provided above, price adjustments on previous orders are not permitted.  

Once you have finished shopping, all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order. A record of all the orders placed by you is available in the "My Account" area.

Payment can be made by Visa and Mastercard.

 To minimize the possibility of unauthorized access, your credit card details will be encrypted. By clicking "Submit” you are confirming that the credit card is yours. Credit cards are subject to validation checks and authorization by your card issuer, but if your card issuer fails to authorize payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.  

  1. VALUE ADDED TAX

All purchases done through this website are subject to the statutory Value Added Tax (VAT). The prices displayed on this website include VAT.

  1. RETURNS POLICY

If we accept your returns later than 15 business working days from the invoice date (we may, but we are not required to), we will refund you by way of voucher in any shop. Please note that this does not apply to items which were defective when purchased from us, for which you will be refunded via your original payment method.

You do not have the right to cancel the Contract when it is for the delivery of any of the following category of "Excluded items":

Excluded Items 

  • Sealed items that are not suitable for return for health protection and hygiene reasons (e.g. underwear, swimwear), and that have been unsealed after delivery, or if the hygiene label is no longer in place.
  • Items damaged, soiled, washed, altered or worn (other than to try the item on) and any labels or tags must be intact.

Please return the items using or including all their original packaging, instructions, and other documents, if any, accompanying the items.  

Returns Methods

Returns at any Body & Shop shop 

You may return any Body & Soul item purchased through this website at any Body & Soul shop in Mauritius which has the same section to which the items you wish to return belong to. You just need to present, as well as the item, the invoice that was attached to the Order Confirmation, which is also saved under your account on our website. You can present the invoice either by bringing to the store a print-out of the invoice.

If you have any questions, you can contact us via customerservice@exoticgroup.net .

Exchanges - for a change of size

If you decide that a Body & Soul item that you have purchased is in the wrong size for you, then you may be able to request a change in its size. You must present, as well as the original item, the invoice that was attached to the Order Confirmation, which is also saved under your account on our website, to any Body & Soul shop in Mauritius. You must return the item without any undue delay, and in any event within a maximum period of 15 business working days from the invoice date without additional costs for you.

Returns of defective items

If the item that you have received is defective, please notify us via customerservice@exoticgroup.net, and return the item in any Body & Soul shop. Please provide proof of purchase, for example a copy of the invoice attached to the Order Confirmation. We will examine the item and if we deem it to be defective, we will provide a full refund including delivery charges, and the refund will be paid. These provisions do not limit any applicable statutory rights.

 

Returns of non – Body & Soul items

You are responsible for checking the contents of any packages before you return them to us. 

We are not responsible for the care or return of the contents of any packages which are erroneously returned to us (which included any products provided by other retailers) (“Erroneous Returns”). 

We may (but are not required to) contact you to inform you that you have made an Erroneous Return.

We will store any Erroneous Returns which we receive for a period of 10 days from the date we receive them. If you have not contacted us regarding the Erroneous Return within this time, we will presume that the relevant contents have been abandoned. We reserve the right to destroy any such Erroneous Returns without notice to you. 

Given the volume of returns we process, we do not promise that we will be able to locate all Erroneous Returns we receive.

If we are able to locate an Erroneous Return, we will take reasonable measures to return the relevant contents to you, but reserve the right to first require you to reimburse us for our reasonable costs in processing, storing and returning those contents to you.

  1. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

  1. VIRUSES, HACKERING AND OTHER CYBERCRIMES

You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision, you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately.  We will use reasonable care and skill to ensure that this website and App are safe, secure and free from bugs, viruses and other defects.  Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website/App or from the downloading of the contents thereof or of such contents to which this website/App redirects.  

  1. LINKS FROM OUR WEBSITE

We may have links from our website to other third-party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

  1. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent. 

However, you may transfer our guarantee in respect of defective products, which is stated at clause 16, to a person who has acquired the item. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item, for example by

providing proof of purchase or producing a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the item in question.

We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

  1. EVENTS 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 the Contract that is caused by events outside our reasonable control.

An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. Strikes, lock-outs or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations or restrictions of any government.
  7. Any shipping or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control. 

  1. WAIVER

If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

  1. SEVERABILITY

If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  1. OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.

  1. LAW AND JURISDICTION

The use of our website and the Contracts for the purchase of items through such website will be governed by Mauritius law.

  1. FEEDBACK

We welcome your comments and feedback. Please send all feedback and comments to us via      customerservice@exoticgroup.net .