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CLAUSE THAT IMPACT YOUR RIGHTS IN RESPECT OF HOW TO RESOLVE DISPUTES. UNLESS YOU
OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE
PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN
INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMEBR IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICPATE IN A
CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR
RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE
A JURY TRIAL.
2. INFORMATION ABOUT US
1. us.boohoo.com is operated by boohoo.com UK Limited (“boohoo,“ “we,“ “us,“ or
“our“). We are a company registered in England and Wales under company
number 05723154 and with our registered office at 49/51 Dale Street,
Manchester, England M1 2HF. Our UK VAT number is 185 4874 61. Our email
address is customerservices@boohoo.com.
3. PRODUCTS
3.1 The images of the Products on Our Site and in our other advertising
materials are for illustrative purposes only. Your Products may vary slightly
from those images. Although we have made every effort to display and print the
colors of the Products accurately, we cannot guarantee that your device or
computer’s display of the pictures, or the pictures in our other advertising
materials, accurately reflect the colors of the Products that will be delivered
to you. The Products may vary slightly from these images. 3.2 Whilst we take
reasonable care to ensure accuracy, all sizing and measurements of Products
detailed on Our Site are approximate. We cannot guarantee that all details are
always accurate, complete, or error free. 3.3 All our Products are sold on the
basis that they are suitable for domestic and private use only. As such, none of
our Products are intended for use in connection with any business purpose. 3.4
Please note that Products on Our Site are not aimed at persons aged under 16 and
may be unsuitable for persons under this age group. We do not sell Products to
children, but sell them to adults over 18 years old, who can purchase products
with a credit card, debit card, or other payment method.
4. PRODUCT AVAILABILITY
4.1 Some restrictions are placed on the extent to which we accept orders from
specific countries. These restrictions can be found on our “Deliveries“ page
here. 4.2 If we are unable to accept your order, we will inform you of this and
will not charge you for the Product(s). This may happen in circumstances,
including (but not limited to) where the Product(s) is/are out of stock, because
of unexpected limits on our resources which we could not reasonably plan for, or
because we have identified an error in the price or description of the
Product(s). 4.3 We may make changes to these Terms and Conditions from time to
time. The Terms and Conditions that apply to your Contract (as defined in
Section 6.2) will be those that are displayed on Our Site when you place your
order.
5. YOUR STATUS
5.1 You may only purchase Products from us if:
1. you are over 18 years of age and legally capable of entering into a binding
contract with us;
2. you are an authorized user of the credit or debit card or payment account
(i.e., Paypal or Klarna) used to pay for your order; and,
3. are resident in a country that we deliver to (please see our “Deliveries”
page here for further information).
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Once you have placed your order, you should receive an e-mail from us
acknowledging that we have received your order (but please contact us if you do
not receive this e-mail). Please note this does not mean that your order has
been accepted or that a contract has been formed between you and us. All orders
are subject to availability and acceptance by us (which we may refuse for any
reason). 6.2 After you submit your order, we immediately contact your bank or
card issuer for authorization to take payment from your account. We will not
process your order until payment has been received in full. If we accept your
order we will confirm this to you by sending you a further e-mail (“Dispatch
Confirmation“) confirming the Product is being processed ready for dispatch at
which point the contract between you and us (“Contract“) will be formed. 6.3 As
soon as you place your order, we start to process your order which means you
will not be able to change it before delivery, but you may be able to return
your Products under our Returns Policy here 6.4 From time to time we may make
minor changes to a Product to reflect changes in relevant laws and regulatory
requirements. If these changes change the product description or other mandatory
information to be provided to you under the applicable laws, we will update Our
Site. 6.5 These Terms and Conditions, and any Contract between us, are only in
the English language. Please note that we may not necessarily keep a copy of
your Contract. You should keep a copy of these Terms and Conditions and your
order for future reference.
7. DELIVERY
7.1 We will seek to fulfil your order by the delivery date set out in the
Dispatch Confirmation or, if no delivery date is specified, then as soon as
reasonably possible (depending on the delivery service you have selected). In
any event, delivery will take place no more than 30 days after the day your
Contract is entered into. 7.2 If no one is available at your address to take
delivery and the Products cannot be posted through your mailbox or left in a
safe place and/or if you do not collect the Products from an address notified to
you by our carrier within the time period notified to you by our carrier at the
time delivery is attempted, we may end the Contract and Section 10 will apply.
7.3 Delivery of your order will be complete when we deliver the Products to the
address you gave us and the Products will be your responsibility from that time.
7.4 If you check out using your bank details, Paypal, or Apple Pay, you will own
the Products once we have received payment in full. However, when you check-out
using a payment instalment method, e.g., through a finance provider such as
Klarna, then alternative terms will apply to you, further information on this is
set out in Section 8 below. 7.5 Please note zipcode and/or postcode restrictions
apply. Delivery times and costs may be increased where the Products are shipped
outside the United States. 7.6 In addition, if you order Products from us for
delivery to a destination outside the United States:
1. your order may be subject to import duties and taxes which are applied when
it reaches the delivery destination. Please note that we have no control
over these charges and we cannot predict their amount. You will be
responsible for payment of any such import duties and taxes. Please contact
your local customs office for further information before placing your order.
We will not be liable or responsible if you do not pay any such import
duties or taxes;
2. you must comply with all applicable laws and regulations of the United
States and any country for which the Products are destined. We will not be
liable or responsible if you break any such law; and
3. please see our Returns Policy here for details on returning any Products to
us from a destination outside the United States.
8. PRICE AND PAYMENT
8.1 The price payable for the Products shall be as shown on Our Site in United
States Dollars (USD), although please see Section 8.7 below for what happens if
we discover an error in the price of any Product you order. 8.2 If you are
viewing Our Site from the UK or a country in the EU, the Product prices
advertised on Our Site for Products located in the EU are inclusive of the UK
VAT at the relevant rate chargeable for the time being. Additional delivery
charges (which will include UK VAT charged by us) will vary depending on the
Products you ordered and your delivery address and are shown separately during
the checkout process. 8.3 We reserve the right to change the prices on Our Site
at any time without notice, but changes will not affect orders which we have
already accepted. However, if applicable, the rate of VAT changes after the date
of your order, we will adjust the rate of VAT you pay unless you have already
paid for the Products in full before the change in VAT takes effect. 8.4 Taxes
that appear in your online order confirmation are estimated. Because orders may
be fulfilled from multiple locations across the U.S., the actual taxes charged
to your credit card will be calculated based on the applicable state and local
sales taxes when your order is shipped. We do not collect sales or use taxes in
all states. For states imposing sales or use taxes, your purchase may be subject
to use tax unless it is specifically exempt from taxation. Your purchase is not
exempt merely because it is made over the Internet or by other remote means.
Many states require purchasers to file a sales/use tax return at the end of the
year reporting all of the taxable purchases that were not taxed and to pay tax
on those purchases. Details of how to report these taxes may be found at the
websites of your respective taxing authorities. 8.5 We accept payment by debit
card, credit card, Apple Pay (iOS only), PayPal, and Klarna. We accept the
following cards: Visa, VISA Electron, Mastercard, Maestro, American Express. 8.6
You must pay for the Products (including all applicable delivery charges), and
we will charge the card you have chosen to use to pay for your order once you
reach the final billing page and submit your order. We immediately contact your
bank or card issuer for authorization to take payment from your account. If you
pay using any third-party service provider, such payments are subject to the
third-party service provider’s terms and conditions. If you pay using Klarna,
such payment will subject to additional terms between you and Klarna, available
at www.klarna.com/us/terms-of-use/.See
www.klarna.com/us/customer-service/csc/about-klarna/ for further information
about Klarna. For more information about how Klarna will handle your personal
data see their Privacy Policy, available at
https://www.klarna.com/us/privacy-notice 8.7 It is always possible that, despite
our best efforts, some of the Products we sell may be incorrectly priced. We
have the right to reject an order if we discover a pricing error. We will
normally check prices before accepting your order and if the price is incorrect,
we will try to contact you for your instructions before we accept your order. If
we are unable to contact you, your order will be cancelled. If we accept and
process your order where there is a pricing error that is obvious and
unmistakable and which could reasonably have been recognized by you as a
mispricing, we may end the Contract, refund to you any sums you have paid under
the Contract and require the return of any Products provided to you. 8.8 If you
wish to apply a discount code or e-gift voucher code to your order, you must
enter the relevant code during the online checkout process. Only one discount
code and/or a maximum of five e-gift voucher codes, can be used per order and
additional terms and conditions may apply in respect of each discount code. We
reserve the right to decline to accept any discount or e-gift voucher code that
is invalid for your order or that has expired.
Pricing Policy
8.9 Our percentage off promotions, discounts, or sale markdowns are customarily
based on our own opinion of the value of this product, which is not intended to
reflect a former price at which this product has sold in the recent past. This
amount represents our opinion of the full retail value of this product today
based on our own assessment after considering a number of factors. That’s why
before checking out, it’s important you acknowledge that you understand this.
9. RETURNS, REFUNDS AND CANCELLATIONS
9.1 Please see our Returns Policy here for more information about returns,
refunds, and cancellations. 9.2 You may also have additional rights to terminate
Contract under applicable consumer laws.
10. OUR RIGHTS TO CANCEL THE CONTRACT
10.1 We may end the Contract at any time by writing to you if:
1. you do not make any payment to us when it is due;
2. you do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the Products; or
3. you do not, within a reasonable time, allow us to deliver the Products to
you, or you are unavailable to receive delivery.
4. if the Products you have ordered are no longer available.
10.2 We may also end the Contract in the circumstances set out in Section 8.7.
10.3 If we end the Contract in any of the situations set out in Section 10.1 or
10.2, we will refund any money you have paid in advance for the Products we have
not provided but we may deduct or charge you reasonable compensation for the
costs we will incur as a result of your breaking the Contract.
11. INACCURATE, INCORRECT, OR DAMAGED PRODUCTS
1. You have 14 days to return your items starting from the day you receive your
order. This returns period starts from the date you receive your order. For
further information on returns please see our Returns Policy.
12. OUR LIABILITY
12.1 Please note that we only provide Our Site and Products for domestic and
private use. You agree not to use Our Site or any of our Products for any
commercial, business or resale purposes. You further agree that you will not
export, re-export, or otherwise transfer the Products to countries or
territories that are the target of comprehensive embargoes or sanctions or to
parties identified on the U.S. Treasury Department’s List of Specially
Designated Nationals and Blocked Persons List. We do have any liability to you
for any loss of profit, loss of business, interruption of business or loss of
business opportunity, any indirect or consequential loss or damage, and will not
provide VAT invoices for your purchases. If you are not a consumer, you must
obtain our prior written consent to purchase Products from Our Site.
12.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT, SHALL BOOHOO.COM UK
LIMITED, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS, OUR
SITE, ANY CONTENT ON OUR SITE, SERVICES, FEATURES, MATERIALS AND FUNCTIONS
RELATED TO OUR SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, BREACH
OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT
ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay
in performance of, any of our obligations under a Contract that is caused by an
event outside our reasonable control, including any event, non-happening,
omission or accident beyond our reasonable control and includes in particular
(without limitation):
1. strikes, lock-outs or other industrial action.
2. epidemic or pandemic or government actions arising from such epidemic or
pandemic.
3. civil commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation for war.
4. fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or
other natural disaster.
5. impossibility of the use of railways, shipping, aircraft, motor transport or
other means of public or private transport.
6. impossibility of the use of public or private telecommunications networks.
7. the acts, decrees, legislation, regulations or restrictions of any
government.
(hereinafter referred to as an “Event Outside Our Control“). 13.2 If an Event
Outside Our Control takes place that affects the performance of our obligations
under a Contract, we will contact you as soon as reasonably possible to notify
you and our obligations under the Contract will be suspended and the time for
performance of our obligations will be extended for the duration of the Event
Outside Our Control. Where the Event Outside Our Control affects our delivery of
Products to you, we will arrange a new delivery date with you after the Event
Outside Our Control is over.
14. INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in the Products shall be owned by us or
our licensors. All intellectual property rights in the Products are protected by
United States and international copyright, trademark, patent, trade secret, and
other intellectual property or proprietary rights laws. All such rights are
reserved.
15. AFTER-SALES SERVICE
15.1 You can contact us with any questions, comments, complaints, or requests
regarding these Terms & Conditions of Sale or our Products, using the details
set out in the Contact Us form.
16. PROMOTION TERMS AND CONDITIONS
Official boohoo promotion codes entitle you to an offer on your online order
from www.boohoo.com. To utilize your promotion code, click the “redeem a
promotion code“ button on the order summary page and enter the specific code.
Please note, promotion codes can only be used once per transaction and cannot be
used in conjunction with any other promotion or offer. Promotion codes are
territory specific, remain our property, are not transferable and are not valid
for the purchase of gift cards or gift vouchers. There is no cash alternative.
Promotion codes and related offers are not open to employees of boohoo.com and
we reserve the right to withdraw them and refuse or restrict any order at any
time. Promotion codes are only valid on us.boohoo.com for payments made by
residents of the United States.
17. E-GIFT CARDS
By purchasing, using, or accepting a boohoo e-gift card (e-gift card) (“Gift
Card“), you agree to enter into a contract with boohoo and to be bound by these
Gift Cards Terms and Conditions (“Terms and “) together with our Privacy Policy
and Terms of Usewhich are incorporated into these Terms and Conditions. Please
read them all carefully before purchasing, using, or accepting a Gift Card. By
purchasing, using, or accepting a Gift Card, you accept that your contract with
us for the Gift Card will be governed by these Terms and Conditions, together
with our Privacy Policy and Terms of Use “boohoo / we / our“ means boohoo.com UK
Limited. We are a limited company registered in England and Wales under company
number 05723154 and with our registered office at 49/51 Dale Street, Manchester,
England M1 2HF. Our UK VAT number is 185 4874 61. Our Gift Cards are managed by
Jigsaw Business Solutions Ltd (which is a limited company incorporated in
England and Wales under company number 08663917) (“Jigsaw“). We may use Jigsaw
and other third parties to perform any or all of our responsibilities relating
to your Gift Card. “You / your“ means the person who has purchased the Gift Card
from us or is using the Gift Card. The Gift Cards are fully transferable to
another person, but they may not be bartered or sold. If you designate another
person to receive and use the Gift Card, you are authorising that person to use
the Gift Card and any balance on that Gift Card. The recipient/user must create
an account with us to use the Gift Card, and the use of the Gift Card by that
recipient/user will be governed by these Terms and Conditions, including the
Website Privacy Notice and Website Terms of Use.
PURCHASING A GIFT CARD
You can purchase an e-gift card online at boohoogiftcards.com in the U.S. only
and for use only by U.S. users. You can purchase up to five e-gift cards in any
one transaction. E-gift cards cannot be purchased in conjunction with any other
items on boohoo.com in the same transaction. E-gift cards may be purchased and
activated for a minimum value of $5 and a maximum value of $500. E-gift cards
are only available in U.S. Dollars. Payment for e-gift cards is accepted by
debit card, credit card and PayPal. You cannot purchase an e-gift card using
another Gift Card. Payment on boohoogiftcards.com will be taken by a third-party
company, Stripe, and will show on your bank statement as “boohoo Gift Cards“.
E-GIFT CARD DELIVERY; TITLE, RISK OF LOSS
Once your Gift Card order has been approved by us and your payment to us has
cleared for the full purchase value of your Gift Card, your Gift Card will be
delivered to the email address you designate for delivery when completing your
order. The email address you designate for delivery should be yours or the
person you have designated to receive and use the Gift Card. The Gift Card will
not be delivered until your payment to us has cleared for the full purchase
value of the Gift Card. Your Gift Card will be delivered to the designated
recipient at the designed email address on the date the payment clears, unless
you have designated a specific delivery date. If you have designated a specific
delivery date, provided your payment has cleared by that date, the Gift Card
will be delivered to the designed recipient at the designated email address on
the specific date you designated for delivery when you placed your order. The
specific delivery date you designate for delivery when placing your order must
be within 2 months of the date of your order. If your payment has not cleared by
the specific date you designate for delivery, the Gift Card will be delivered
after your payment has cleared. boohoo do not accept responsibility for any
losses resulting from any e-gift card being delivered to an incorrect email
address due to errors made by you within your order. You must therefore take
extra care when entering details in your order. The risk of loss and title for
Gift Cards pass to the purchaser upon our electronic transmission of the Gift
Card to the purchaser or other designated recipient. Gift Cards can be purchased
only from us, and you are responsible for protecting the Gift Card and PIN and
for safeguarding your Gift Card from unauthorized use. We are not responsible
for any unauthorized uses of your Gift Card.
REDEEMING A GIFT CARD
Your Gift Card can be used to make purchases online only at boohoo.com in the
U.S.A. Any purchases made using any amount on your Gift Card by you or by any
other valid user/recipient are subject to these Terms and Conditions, as well as
to our website Terms of Use and Privacy Policy, and anyone using a Gift Card to
make a purchase at boohoo.com must agree to these Terms and Conditions and to
our website Terms of Use and Privacy Policy. The amount on a Gift Card cannot be
used to purchase items from any of boohoo’s affiliate brands, including
boohooman, prettylittlething, nastygal, misspap, karenmillen, coastfashion,
warehouse, oasis, Dorothy Perkins, Wallis, Burton or Debenhams. To use any
amount on a Gift Card, the user will be required to enter the 8-digit PIN at the
point of purchase, which PIN can be found on the delivery email that is sent to
the designed recipient. Up to five Gift Cards can be used in any one
transaction. If the entire amount on your Gift Card has not been spent, the
remaining balance will be updated after every transaction and will remain on
your Gift Card to use until the balance is fully redeemed. The amount on your
Gift Card can be used towards the purchase amount of items that are priced
higher than the balance of your Gift Card, provided that you or the user making
the transaction also pay the difference for such items using one of our
prescribed payment methods.
LIMITATIONS ON USE
Your Gift Card balance cannot be used to purchase other Gift Cards, prepaid open
loop cards, or any third-party gift cards. Gift Cards cannot be reloaded,
resold, used for payment outside of boohoo.com in the U.S., redeemed for more
than face value, transferred for value, redeemed for cash, returned for a cash
refund (expect to the extent required by law), used in any way that is unlawful
or fraudulent, or used in a manner prohibited by our Terms and Conditions. Also,
Gift Cards may not be applied to the purchase of goods or services at any store
or property outside of the United States
GIFT CARD EXPIRATION
Your e-gift card is valid for 24 months from the day of activation. The day of
activation is the date on which the e-gift card is actually delivered to your
nominated email address. Your e-gift card cannot be redeemed or used once it has
expired.
CHECK BALANCE
Your e-gift card balance can be checked online here
RETURNING ITEMS PURCHASED WITH AN E-GIFT CARD
If you or the designated recipient of the Gift Card have purchased items with a
Gift Card, but then subsequently return the items and are entitled to a refund
for them in accordance with our general Website Terms of Use, any money owing by
us for the refund will be added to the remaining balance on the Gift Card (for
any purchase amount originally taken from your Gift Card), or refunded to the
other prescribed payment method used to pay us (for any purchase amount
originally taken from another prescribed payment method other than the Gift
Card).
CORRUPTED, DELETED, LOST, STOLEN, DESTROYED, DAMAGED OR USED GIFT CARDS
boohoo shall not be responsible if a Gift Card is corrupted, deleted, lost,
stolen, destroyed or damaged or used (as applicable) without permission. We
reserve the right to refuse to accept a Gift Card which we deem to have been
duplicated, tampered with, damaged or otherwise suspect has been affected by
fraud. We cannot be held responsible for Gift Cards that cannot be delivered due
to the recipient’s spam filters, firewalls, capacity of the mailbox, and any
other factors outside our control. boohoo is unable to replace Gift Card(s) if
lost, stolen, destroyed or damaged. Please realize that there are a number of
Gift Card scams that request payment by gift card. We are not responsible for,
and we assume no liability to you for, any unlawful conduct or fraud by any
third party associated with any gift card scams, illegal activities, or
otherwise.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO GIFT CARDS OR ANY BALANCE ON ANY GIFT CARDS, INCLUDING,
WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN
THE EVENT A GIFT CARD IS NON-FUNCTIONAL OR OTHERWISE DEFECTIVE, YOUR SOLE
REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
DISPUTES
Any dispute or claim relating in any way to our Gift Cards shall be resolved by
the dispute resolution provisions in Section 19 herein.
GENERAL
Gift Cards and their balance cannot be returned or refunded, in whole or in
part, except in accordance with your statutory legal rights or as otherwise
required by applicable law. Gift Cards and their balance cannot be resold,
exchanged for cash or vouchers, except where required by law, or transferred for
any value by you or anyone else other than for purchasing items from boohoo.com
in the U.S.A. only. No fees apply to the purchase or use of any Gift Cards We
reserve the right to require additional verification of your identity or Gift
Card or account ownership, or provision of an additional payment instrument
before you are able to apply a Gift Card to an eligible purchase. When you
purchase, receive, or apply a Gift Card to an eligible purchase, you agree to
the governing laws, jurisdiction, and venue as stated in the Terms of Use We
reserve the right to cancel any order for your Gift Card and refund any monies
you have paid to us if we discover any pricing or other errors in relation to
the order prior to the time of dispatch. We will contact you in these
circumstances and will give you the opportunity to place a new order. Your
refund will be processed within 5 working days. We reserve the right to cancel
any order made using any balance on your Gift Card and will refund any monies
redeemed and paid to us from your Gift Card back to a new Gift Card if we
discover any pricing or other errors in relation to the order prior to the time
of dispatch. We will contact you in these circumstances and will give you the
opportunity to place a new order using a new Gift Card. Your refund will be
processed within 5 working days. We reserve the right to terminate your order
for your Gift Card, if we believe you have breached any of these Terms and
Conditions or if we suspect fraudulent activity. We also reserve the right to
terminate any order made using any balance on your Gift Card, if we believe you
(or the person placing the order) has breached any of these Terms and Conditions
or if we suspect fraudulent activity. If we terminate your order we will refund
the sums you have paid to us within 5 working days, less any costs directly
incurred by us as a consequence of your breach of these Terms and Conditions. We
reserve the right to change or add to these Terms and Conditions for security,
legal or regulatory requirements. We will give you at least one month’s notice
of any such changes or additions. If you require further information about our
Terms and Condition, or your use of your Gift Card, please contact a member of
our customer services team at: groupcomplaints@boohoo.com
18. OTHER IMPORTANT TERMS
18.1 If we have to contact you, we will do so by in writing or telephone, using
the contact details you provided to us in your order, unless you have asked us
to contact you by any other means. We may also contact you by reply on any
social media platform page that you have used to contact us. When we refer in
these Terms and Conditions to “in writing“, this includes e-mail. 18.2 We may
transfer our rights and obligations under the Contract to another organization.
We will tell you in writing if this happens and we will ensure that the transfer
will not affect your rights under the Contract. 18.3 You may only transfer your
rights or your obligations under these Terms and Conditions to another person if
we agree in writing. 18.4 The Contract is between you and us. No other person
shall have any rights to enforce any of its terms. We may use subcontractors in
performing our obligations under this Contract. 18.5 Each of the paragraphs of
these Terms and Conditions operates separately. If any court or relevant
authority of competent jurisdiction decides that any of them are unlawful or
unenforceable, the remaining paragraphs will remain in full force and effect.
18.6 If we fail to insist that you perform any of your obligations under these
Terms and Conditions, or if we do not enforce our rights against you, or if we
delay in doing so, that will not mean that we have waived our rights against you
and will not mean that you do not have to comply with those obligations. If we
do waive a default by you, we will only do so in writing, and that will not mean
that we will automatically waive any later default by you. 18.7. Entire
Agreement. These Terms and Conditions, the Terms of Use, the Privacy Policy, the
Refund Policy, any documents they incorporate by reference, and any additional
terms you agree to in connection with Our Site constitute the sole and entire
agreement between you and boohoo.com UK Limited regarding your purchase of our
Products and supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the purchase
of our Products.. 18.8. This site is protected by reCAPTCHA and the Google
Privacy Policy and Terms of Service apply.
19. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER
19.1. Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS & CONDITIONS OF SALE
OTHERWISE PROVIDE, YOU AGREE TO WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT
BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR
OTHER REPRESENTATIVE ACTION.
19.2. Agreement to Binding Arbitration
FOR RESIDENTS OF THE UNITED STATES AND CONTRACTS FOR PRODUCTS SHIPPED TO THE
UNITED STATES, YOU AND BOOHOO AGREE THAT IN THE EVENT OF ANY CLAIM OR DISPUTE
(WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) ARISING OUT OF, RELATING TO,
OR CONNECTED IN ANY WAY WITH THE BREACH, ENFORCEMENT, INTERPRETATION,
APPLICATION, OR VALIDITY OF THESE TERMS & CONDITIONS OF SALE, SUCH CLAIM,
DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY AND SOLELY BY FINAL AND
BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS
OF SALE (THE “ARBITRATION AGREEMENT“).
19.3. Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or boohoo
can automatically bring an individual claim in small claims court in the United
States of America, consistent with any applicable jurisdictional and monetary
limits that may apply, provided that it is brought and maintained as an
individual claim. Decisions regarding this Section shall solely be decided by a
court and not by an arbitrator or via arbitration.
19.4. Jury Trial & Class Action Waiver
YOU AND BOOHOO ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A
TRIAL BY JURY. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED
IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION, MASS ACTION OR OTHER
REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A
CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS SAVE AS FOR EXCEPT SPECIFIED IN THE
PARAGRAPH ENTITLED BATCH ARBITRATION BELOW. YOU AND BOOHOO MAY NOT BE PLAINTIFFS
OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE
PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF
ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
WARRANTED BY THE INDIVIDUAL CLAIM. To the extent permissible by law there shall
be no right or authority for any dispute to be arbitrated as a representative
action or as a private attorney general action, including but not limited to
claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab.
Code § 2698, et seq. This means that you may not seek relief on behalf of any
other parties in arbitration. Further information on the Class Action Waiver to
be found at paragraph 19.12.
Notwithstanding the above if any arbitrator determines that any term in
paragraph 19.4 is unenforceable for any reason as to any claim, including
without limitation for a “private attorney general action,” then the Arbitration
Agreement will be inapplicable to that claim and that claim will instead proceed
through litigation in court rather than by arbitration, but only after the
conclusion of the arbitration of any claim or dispute that is subject to the
Arbitration Agreement.
19.5. Governing Law & Arbitration Rules
The Arbitration Agreement evidences a transaction in interstate commerce and
thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA“), will govern the
interpretation and enforcement of this Section 19. If the FAA is found not to
apply to any issue that arises under this section or the enforcement of the
Arbitration Agreement, then that issue shall be resolved under the laws of the
State of Delaware.
The arbitration will be conducted under the then current and applicable consumer
arbitration rules of the American Arbitration Association (“AAA“). The AAA rules
are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
19.6. Informal Dispute Resolution
You and boohoo agree to try and resolve any dispute informally before resorting
to arbitration. You and boohoo therefore agree that before either party
commences arbitration against the other (or initiates an action in small claims
court if a party so elects), we will personally meet and confer either via
telephone or video call in a good faith effort to resolve informally any dispute
covered by this Arbitration Agreement (“Informal Dispute Resolution
Conference”). If you are represented by counsel, your counsel may participate in
the conference but you will also participate in the conference. The Party
initiating the dispute must give notice to the other party in writing of its
intent to initiate an Informal Dispute Resolution Conference (“Notice”) which
shall occur within 45 days after the other party receives such Notice, unless an
extension is mutually agreed upon by the parties. Notice to boohoo that you
intend to initiate an Informal Dispute Resolution Conference should be sent via
email to legal@boohoo.com or regular mail to 49/51 Dale Street, Manchester, M1
2HF. Notice to you will be sent to the address or email address associated with
your account. The Notice must include (1) your name, telephone number, mailing
address, e-mail address associated with your account, (2) the name, telephone
number, mailing address and email address of your counsel, if any; and (3) a
description of your Dispute. The Informal Dispute Resolution Conference shall be
individualised such that a separate conference must be held each time either
party initiates a Dispute, even if the same law firm, or group of law firms
represents multiple users in similar cases, unless all parties agree; multiple
individuals initiating a Dispute cannot participate in the same Informal Dispute
Resolution Conference unless all parties agree. Engaging in the Informal Dispute
Resolution Conference is a conditions precedent and requirement that must be
fulfilled before commencing arbitration. The statute of limitations and any
filing fee deadlines shall be tolled while the Parties engage in the Informal
Dispute resolution Conference required by this section.
19.7. Initiating Arbitration
Prior to initiating an arbitration, a party must first send a further written
notice to the other party. If you intend to seek arbitration you must first send
notice by international mail to boohoo.com UK Limited, c/o Legal Team, 49/51
Dale Street, Manchester, M1 2HF England. The notice shall be individual and not
for the claims of any other person, and must include your full name, your entire
factual, legal claim, the requested relief and an express authorization to bring
the arbitration demand. boohoo shall send a Notice to the current billing
address on your account by international mail. The Notice shall describe the
nature and basis of the claim and the specific relief sought. If the parties
cannot reach a settlement within 30 days from the receipt of the Notice, either
party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at
www.adr.org. In addition to filing this form with the AAA, the party initiating
the arbitration must post a copy of the completed form to the opposing party.
You may send such copy to boohoo at boohoo.com UK Limited, c/o Legal Team, 49/51
Dale Street, Manchester, M1 2HF England, and boohoo will send such copy to the
current billing address or email address on your account or to your counsel, if
you so instruct.
19.8. Fees
You will pay the individual portion of the arbitration filing fee specified in
the rules of the AAA. boohoo will pay the business portion of the required
filing fees, and all administration and arbitrator fees (collectively, your and
boohoo’s fees, “Arbitration Fees“).
19.9. Location & Procedure
If your claim is for $10,000 (US Dollars) or less, you may choose to have
arbitration conducted solely on the basis of documents submitted to the
arbitrator, via a telephone hearing, by an in-person hearing in the county of
your residence, or as otherwise mutually agreed to by the parties. If your claim
exceeds $10,000 (US Dollars), the location of the arbitration and the parties’
right to a hearing will be determined in accordance with the rules of the AAA.
19.10. Arbitrator’s Decision
The arbitrator’s award shall be written, and binding on the parties and may be
entered as a judgment in any court of competent jurisdiction. If you prevail in
arbitration, you will be entitled to an award of attorneys’ fees and expenses,
to the extent provided under applicable law. boohoo shall have the right to seek
attorneys’ fees and costs in arbitration for claims deemed frivolous by the
arbitrator. If boohoo makes an offer of judgment not less than 10 days prior to
the arbitration, if an arbitrator’s monetary award against boohoo does not match
or exceed boohoo’s offer, you agree to pay boohoo’s legal fees and expenses for
the arbitration.
19.11. Choice of Law, Forum Selection, & Jury Waiver
Except as set forth in this Section 19, all matters relating to all matters
arising out of or related to these Terms & Conditions of Sale, will be governed
by the applicable laws of the United States of America and the laws of the State
of Delaware without regard to Delaware choice of law principles. Unless you and
boohoo agree otherwise, in the event that it is determined or these Terms &
Conditions of Sale provide that a claim should not proceed through arbitration,
you agree that any claim or dispute (with the exception of a claim or dispute
appropriately lodged in any small claims court in the United States of America)
shall be resolved in the United States District Court for the District of
Delaware, and you submit to the personal jurisdiction of that court. If subject
matter jurisdiction (including diversity jurisdiction) does not exist in the
United States District Court for the District of Delaware for any such claim,
then the exclusive forum and venue for any such action shall be the courts of
the State of Delaware located in New Castle County, and you submit to the
personal jurisdiction of that court. As to any proceeding in court, you and
boohoo both waive your right to a jury trial, unless such waiver is
unenforceable. The choice-of-law and forum-selection provisions in this section
do not apply to the Arbitration Agreement or to any arbitrable disputes as
provided by the Arbitration Agreement section. Instead, as provided in the
Arbitration Agreement section, the FAA shall apply to any such disputes.
19.12. The choice-of-law and forum-selection provisions in this section do not
apply to the Arbitration Agreement or to any arbitrable disputes as provided by
the Arbitration Agreement section. Instead, as provided in the Arbitration
Agreement section, the FAA shall apply to any such disputes.
19.13. Class Action Waiver
You acknowledge and agree that any and all disputes, claims, or controversies
between the parties shall be resolved only in individual arbitration. You
expressly waive the right to have any dispute, claim, or controversy brought,
heard, administered, resolved, or arbitrated as a class, collective,
coordinated, consolidated, and/or representative action, and neither an
arbitrator nor an arbitration provider shall have any authority to hear,
arbitrate, or administer any class, collective, coordinated, consolidated,
and/or representative action, or to award relief to anyone but the individual in
arbitration (“Class Action Waiver”). The parties also expressly waive the right
to seek, recover, or obtain any non-individual relief. Notwithstanding anything
else in this agreement, this Class Action Waiver does not prevent you or boohoo
from participating in a classwide, collective, and/or representative settlement
of claims as set out in Section 19.14. The parties further agree that if for any
reason a claim does not proceed in arbitration, this Class Action Waiver shall
remain in effect, and a court may not preside over any action joining,
coordinating, or consolidating the claims of multiple individuals against boohoo
in a single proceeding, except that this Class Action Waiver shall not prevent
you or boohoo from participating in a classwide, collective, and/or
representative settlement of claims as set out in 19.14. If it is determined
that any portion of this Class Action Waiver is unenforceable or unlawful for
any reason, (i) any class, collective, coordinated, consolidated, and/or
representative claims subject to the unenforceable or unlawful portion(s) shall
proceed in a court of competent jurisdiction; (ii) the portion of the Class
Action Waiver that is enforceable shall be enforced in arbitration; (iii) the
unenforceable or unlawful portion(s) shall be severed from this Arbitration
Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall
have no impact whatsoever on the enforceability, applicability, or validity of
the Arbitration Agreement or the arbitrability of any remaining claims asserted
by you or boohoo.
19.14.Batching:
If 100 of more customers initiate Notices of dispute (including Informal Dispute
Resolution) with boohoo raising similar claims within a 30 day period and
counsel for the boohoo customers bringing the claims are the same, or
coordinated with these customers, the claims shall proceed in arbitration in a
coordinated proceeding. Counsel for You and counsel for boohoo shall each select
5 cases to proceed first in arbitration in a bellwether proceeding (“Bellwether
Proceeding”). The remaining cases shall not be filed in arbitration until the
first 10 have been resolved. If the parties are unable to resolve the remaining
cases after the conclusion of the Bellwether Proceeding, each side may select
another 5 cases to proceed to arbitration for a second Bellwether Proceeding.
This process may continue until the parties are able to resolve all of the
claims either through settlement or arbitration. A court will have authority to
enforce this clause and if necessary to enjoin the mass filing of arbitration
demands against boohoo. An arbitration award and any judgment confirming it
apply only to that specific case; it cannot be used in any other case except to
enforce the award itself. If for some reason the prohibition on class
arbitrations as set out above cannot be enforced as to all or part of the
dispute then the agreement to arbitrate will not apply to that dispute or part
of the dispute. If for any reason a claim proceeds in court rather than through
arbitration, such as pursuant to Section 19.3. You and boohoo agree that there
will not be a jury trial. You and boohoo unconditionally waive any right to
trial by jury in any action, proceeding or counter claim arising out of or
relating to this Arbitration Agreement in any way. In the event of litigation,
this Section may be filed to show a written consent to a trial by the court.
19.15 30 day right to opt out.
You have the right to opt out of the provisions of this Arbitration Agreement by
sending written notice of your decision to opt out to us at [insert email
address] within 30 days after first becoming subject to this Arbitration
Agreement. Your notice must include your name and address, the email address you
used to set up your account (if you have one) and an unequivocal statement that
you want to opt out of this Arbitration Agreement. If you opt out of this
Arbitration Agreement all other parts of this Agreement will continue to apply
to you. Opting out of this Arbitration agreement has no effect on any other
arbitration agreements that you currently have or may enter into in the future
with us. If the dispute is not covered by any arbitration agreement between You
and Us it shall proceed in the Courts indicated in Section 19.11.
20.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BOOHOO.COM
LTD, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS,
SUPPLIERS, SUCCESSORS, AND ASSIGNS, AGAINST ANY CLAIMS, LIABILITIES, DAMAGES,
JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE
ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO (I) YOUR VIOLATION OF THESE TERMS
AND CONDITIONS, (II) PURCHASE OF OUR PRODUCTS, (III) ANY USE OF THE OUR SITE'S
CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE
TERMS AND CONDITIONS, (IV) YOUR INFRINGEMENT OF ANY OF OUR INTELLECTUAL PROPERTY
RIGHTS; (V) YOUR INFRINGEMENT OF ANY OTHER RIGHT OF ANY PERSON OR ENTITY,
INCLUDING, BUT NOT LIMITED TO, DEFAMATION OF SUCH PERSON OR ENTITY, OR
VIOLATIONS OF SUCH PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY OR PRIVACY RIGHTS,
(VI) YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY OWED TO BOOHOO.COM UK
LIMITED, OR (V) ANY FALSE STATEMENTS OR CLAIMS MADE BY YOU IN ANY FORM ABOUT
BOOHOO.COM UK LIMITED OR ABOUT ITS PRODUCTS OR SERVICES. NOTE THAT THE
ARBITRATION PROVISIONS OF CLAUSE 19 DO NOT APPLY TO ANY INDEMNIFICATION CLAIMS
OR ACTIONS BROUGHT AGAINST YOU BY US PURSUANT TO THIS CLAUSE.
21. CALIFORNIA PURCHASES.
The following is a notice to residents of California regarding Proposition 65:
California’s Proposition 65 entitles California consumers to special warnings
for products that contain chemicals known to the State of California to cause
cancer and birth defects or other reproductive harm if those products expose
consumers to such chemicals above certain threshold levels. WARNING: Some
Products on our Online Store from time to time may contain chemicals that are
known to the State of California to cause cancer and birth defects or other
reproductive harm and may be included on the Prop 65 chemical list. If you need
additional information to make your purchase of Products, please email us at:
customerservices@boohoo.com and we will respond as soon as possible to provide
you with the information we possess about the materials within our Products. For
more information on Proposition 65, please visit
https://oehha.ca.gov/proposition-65
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