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TERMS & CONDITIONS
1.1 What these terms cover. These terms and conditions set out the way in which Antibad operates and how items are supplied to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, who will be providing the items to you, how you will contract with either Antibad or Brand Partners, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are Antibad Store Limited (Antibad) a company registered in England and Wales. Our company registration number is 10698225 and our registered office is at Acre House, 11-15 William Road, London, NW1 3ER. Our registered VAT number is 266694162. Please note, this is not our postal address for deliveries & returns.
2.2 How to contact us. You can contact us by telephoning our customer service team at +44 (0) 2074382065 or by writing to us at [email protected].
2.3 How we may contact you.. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3 Our contract with you 3.1 Antibad provides a website to market and sell items to consumers (Antibad Items) and this website also provides an online platform for third party brands (Brand Partners) to market and sell their items to consumers (Brand Partner Items).
3.2 In the case of Antibad Items, the contract will be between you and Antibad and the transaction wibe subject to these terms and conditions.
3.3 In the case of Brand Partner Items, the contract will be between you and the Brand Partner and Antibad will not be party to the transaction. If you purchase Brand Partner Items, the transaction will be subject to the terms and conditions of the respective Brand Partner and you will be linked through to the Brand Partner’s terms and conditions when you click on the Brand Partner Items (if the Brand Partner does not display their own terms and conditions then your contract with the Brand Partner will be subject to the terms and conditions in clauses 5 to 12.
3.4 How your order will be accepted. You will initially receive an email from Antibad acknowledging receipt of your order, this email will not constitute acceptance of your order. Once your order has been accepted either by Antibad or a Brand Partner and payment has been authorised, you will receive a further email formally accepting your order, at which point a contract will come into existence between you and Antibad or, as relevant, you and a Brand Partner.
3.5 If your order cannot be accepted. If Antibad or a Brand Partner is unable to accept your order, we will inform you of this in writing and you will not be charged you for the item.
3.6 Your order number. We will assign an order number to your order and tell you what it is when your order is accepted. It will help us if you can confirm the order number whenever you contact us about your order. If you want to make any changes to your order you must contact the customer service team at +44 (0) 2074382065 or by email at [email protected] immediately. If the order has already been shipped then you will be unable to make any changes to your order and you will need to refer to clause 7 and clause 8 of these terms and conditions.
3.7 We only sell to the UK and the EU. Our website is solely for the promotion of our items in the UK and the EU.
3.8 We may be able to accept orders from addresses outside the UK and EU. Please contact us by telephoning us on +44 (0) 2074382065 or by writing to us at [email protected] for more information as to orders and deliveries to addresses outside of the UK and EU.
4 The items
4.1 Items may vary slightly from their pictures. The images of the items on our website are for illustrative purposes. Although every effort is taken to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the items. Your item may vary slightly from those images, and may vary if the item is bespoke or made to measure.
4.2 Item packaging may vary. The packaging of the item will depend on whether the item is an Antibad Item or a Brand Partner Item and may vary from that shown in images on our website.
CLAUSES 5 TO 12 APPLY TO ANTIBAD ITEMS ONLY
5 Our rights to make changes
5.1 Minor changes to Antibad Items. We may change an Antibad Item: (a) to reflect changes in relevant laws and regulatory requirements; (b) to implement minor technical adjustments and improvements, for example to address health and safety issues. These changes should not impact on your use of the Antibad Item.
5.2 More significant changes to Antibad Items and these terms. In addition, as we informed you in the description of the Antibad Item on our website, we may make changes which affect the main characteristics of the Antibad Item but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a full refund for any Antibad Items paid for but not received.
6 Providing the items
6.1 Delivery costs. The costs of delivery of Antibad Items will be as displayed to you on our website.
6.2 When will the Antibad Items be provided? 6.3 In the case of Antibad Items we will deliver the Antibad Items to you using a trackable carbon neutral courier service and will provide you with estimated delivery times and tracking information. We will deliver the Antibad Items to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.4 In the case of Brand Partner Items, Brand Partner Items will be supplied to you direct from the Brand Partner using a trackable courier service. Please refer to the Brand Partner terms for more detail.
6.5 We are not responsible for delays outside our control. If the supply of Antibad 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 minimise 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 Antibad Items you have paid for but not received.
6.6 If you are not at home when the Antibad Item is delivered. If no one is available at your address to take delivery and the Antibad Items cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Antibad Items from a local depot.
6.7 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 9.2 will apply.
6.8 Your legal rights if we deliver Antibad Items late. You have legal rights if we deliver any Antibad Items late. If we miss the delivery deadline for any Antibad Items then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the Antibad Items;
(b) delivery within the delivery deadline was essential (taking into account all relevant circumstances); or
(c) You told us before we accepted your order that delivery within a delivery deadline was essential.
6.9 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.8 or clause 6.9, you can cancel your order for any of the Antibad Items or reject Antibad Items that have been delivered. If you wish, you can reject or cancel the order for some of the Antibad Items (not all of them), unless splitting them up would sufficiently reduce their value. After that we will refund any sums you have paid to us for the cancelled Antibad Items and their delivery. If the Antibad Items have been delivered to you, you must post them back to us. We will pay the costs of postage. Please call customer services on +(0) 02074382065 or email us at [email protected] for a return label or to arrange collection.
6.11 When you become responsible for the Antibad Items. Antibad Items will be your responsibility from the time that the Antibad Items are delivered to the address that you have provided.
6.12 When you own Antibad Items. You own an Antibad Item once we have received payment in full.
6.13 What will happen if you do not give required information to us. We need certain information from you so that we can supply Antibad Items to you, for example, a delivery address if different from the billing address. If so, this will have been stated in the description of the Antibad Items on our website. If you do not give us this information the order will not be accepted.
6.14 Reasons we may suspend the supply of Antibad Items to you. We may have to suspend the supply of an Antibad Item to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Antibad Item to reflect changes in relevant laws and regulatory requirements.
6.15 Your rights if we suspend the supply of Antibad Items. We will contact you in advance to tell you we will be suspending supply of an Antibad Item, unless the problem is urgent or an emergency. If we have to suspend an Antibad Item [for longer than 14 days in any 60 day period we will adjust the price so that you do not pay for the Antibad Item while they are suspended. You may contact us to end the contract for an Antibad Item if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Antibad Item in respect of the period after you end the contract.
7 Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract with us will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Antibad Item repaired or replaced or to get some or all of your money back), see clause 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 0;
(c) If you have just changed your mind about the Antibad Item, see clause 0. You may be able to get a refund if you are within the Cooling-Off Period, but this may be subject to deductions and you will have to pay the costs of return of any Antibad Items;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Antibad Items which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Antibad Item or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the Antibad Item you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Antibad Item may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Antibad Item for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most items bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Antibad Items sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(b) certain items of underwear, such Antibad Items will be clearly identified in the Antibad Item listing information.
7.5 How long do I have to change my mind? You will usually have 14 days after the day you (or someone you nominate) receives the Antibad Item, unless Antibad Items are split into several deliveries over different days. In this case you have 14 days after the day you (or someone you nominate) received the last delivery (Cooling-Off Period).
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Antibad Items is completed when the Antibad Item is delivered and paid for. If you want to end the contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the Antibad Item not provided.
8 How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +44 (0) 02074382065 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning Antibad Items after ending the contract. If you end the contract for any reason after Antibad Items have been dispatched to you or you have received them, you must post them back to us within 14 days of telling us you wish to end the contract. You must contact us in advance for returns authorisation. Please call customer services on +44 (0) 02074382065 or email us at [email protected] for a return label. If you are exercising your right to change your mind you must send off the Antibad Items within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will only pay the costs of return by way of the cheapest trackable method of postage:
(a) if the Antibad Items are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the Antibad Item or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the Antibad Item by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Antibad Item, if this has been caused by your falling to take reasonable care of the Antibad Item. If we refund you the price paid before we are able to inspect the Antibad Items and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount. The maximum refund for delivery costs will be the cost of delivery by the least expensive delivery method that we offer. For example, if we offer delivery of an Antibad Item within 3-5 days at one cost but you chose to have the Antibad Item delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) your refund will be made within 14 days from the day on which we receive the Antibad Item back from you or, if earlier, the day on which you provide us with evidence that you have sent the Antibad Item back to us. For information about how to return an Antibad Item to us, see clause 8.2; and
(b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9 Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for an Antibad Item at any time by writing to you by email if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Antibad Items, for example delivery address;
(b) you do not, within a reasonable time, allow us to deliver the Antibad Items to you; or
(c) you are not available or able to receive the delivery for any reason on the agreed delivery date and fail to provide us with adequate notice.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Antibad Items we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the Antibad Item. We may write to you to let you know that we are going to stop providing the Antibad Item. We will let you know at least one week in advance of our stopping the supply of the Antibad Item and will refund any sums you have paid in advance for Antibad Items which will not be provided.
10 If there is a problem with Antibad items
10.1 How to tell us about problems. If you have any questions or complaints about the items, please contact us. You can telephone our customer service team at +44 (0) 0207 4382065 or write to us at [email protected].
10.2 Summary of your legal rights. We are under a legal duty to supply Antibad Items that are in conformity with this contract. Nothing in these terms will affect your legal rights.
10.3 Your obligation to return rejected Antibad Items. If you wish to exercise your legal rights to reject Antibad Items you must post them back to us. We will pay/reimburse the costs of postage. Please call customer services on + (0) 02074382065 or email us at [email protected] for a return label.
11 Price and payment
11.1 Where to find the price for Antibad Items. The price of Antibad Items (which includes VAT) will be the price indicated on the order pages when you place your order. Prices do not include any delivery charges. We take all reasonable care to ensure that the price of the Antibad Item advised to you is correct. However please see clause 0 for what happens if we discover an error in the price of an Antibad Item you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Antibad Item, we will adjust the rate of VAT that you pay, unless you have already paid for the Antibad Item in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Antibad Items we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Antibad Item's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Antibad Item's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Antibad Items provided to you.
11.4 When you must pay and how you must pay. We accept payment by credit and debit cards and by Paypal. You must pay for Antibad Item(s) at the time of the order.
12 Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Antibad Items as summarised at clause 0 and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. We only supply the Antibad Items for domestic and private use. If you use Antibad Items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the items to you;
(b) to process your payment for the items; and
(c) if you agreed to this during the order process, to give you information about similar items that we provide, but you may stop receiving this at any time by contacting us.
13.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
14 BRAND PARTNER ITEMS
14.1 Images and listing information for Brand Partner Items is provided by the Brand Partners and therefore we provide no warranties and accept no liability in respect of any images or listing information which is inaccurate or not up to date for Brand Partner Items.
14.2 Brand Partner Items are sold to you direct from the Brand Partners and therefore we provide no warranties and accept no liability in respect of any defects in Brand Partner Items.
14.3 Brand Partner Items are provided to you direct from the Brand Partners and we therefore accept no liability in respect of any delay in delivering Brand Items to you or any failure to provide Brand Items to you that you have ordered.
14.4 All queries and complaints regarding Brand Items and orders should be made to Antibad in the first instance who will act as an intermediary between you and the respective Brand Partner.
15 Other important terms
We may transfer this agreement to someone else. 15.1 We may transfer our rights and obligations under these terms to another organisation. You may not transfer your rights under these terms to someone else.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the items, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the items in the English courts. If you live in Scotland you can bring legal proceedings in respect of the items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the items in either the Northern Irish or the English courts.
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Antibad Store Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Antibad Store Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Antibad Store Limited and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Antibad Store Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
You may, for your own personal, non-commercial use only, do the following:
retrieve, display and view the Content on a computer screen
print one copy of the Content
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Antibad Store Limited.
You may not use the Website for any of the following purposes:
in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Antibad Store Limited or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Antibad Store Limited makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Antibad Store Limited is under no obligation to update information on the Website.
Whilst Antibad Store Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Antibad Store Limited accepts no liability for any disruption or non-availability of the Website.
Antibad Store Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Antibad Store Limited accepts no liability for any of the following:
any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
loss or corruption of any data, database or software;
any special, indirect or consequential loss or damage.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Antibad Store Limited details
Antibad Store Limited is a company incorporated in England and Wales with registered number 10698225 whose registered address is Acre House, 11-15 William Road, London, London, NW1 3ER and it operates the Website www.antibadstore.com. The registered VAT number is 266694162.
You can contact Antibad Store Limited by email on [email protected].