boohoo.com - Terms and Condititons Of Supply Of Products
IMPORTANT LEGAL NOTICE
This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the products ("Products") listed on our website www.boohoo.com (our "Website") to you. Please read these terms and conditions carefully before ordering any Products from our Website.
You should print a copy of these terms and conditions for future reference.
Please note our limitation of liability in clause 9.
Using this Website indicates that you accept these terms and conditions together with our Privacy Policy,
regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use this Website.
1. Information about us
1.1. www.boohoo.com is a site operated by Wasabi Frog Limited (“We”). We are registered in England and Wales under company number 05723154 and with our registered office at 32 Hilton Street Manchester M1 2EH. Our email address is: customersevices@boohoo.com. Wasabi Frog Limited are the registered owner of the trade marks boohoo and boohoo.com (E5085238 and E6688113).
2. Service availability
2.1. We only accept orders from individuals in the UK and European Economic Area ("EEA")
(the "Serviced Countries").
Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found
on our delivery page. Delivery Details.
3. Your Status
By placing an order through our site, you warrant that:
3.1.1. You are legally capable of entering into binding contracts;
3.1.2. You are at least 18 years old; and,
3.1.3. You are resident in one of the Serviced Countries.
4. How the contract is formed between you and us
4.1. After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send you the Dispatch Confirmation.
4.2. We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
4.3. If you make a mistake with your order, please telephone us immediately on 0161 237 7700 as you will be able to correct any mistakes provided you call us prior to your order being processed. If by the time you call us, your order has already been processed you will be unable to amend your order, but once your order is dispatched, you will be able to return any unwanted Products to us in accordance with our Returns Policy.
4.4. Each time you make a purchase of Product(s) via our Website, you enter into a Contract with us. If you buy a number of Products in one order to be delivered to the same address, the Contract shall cover all the Products in that order. If you order Products to be delivered to different delivery addresses, there shall be a separate Contract in place in respect of each delivery address and each Contract shall cover all the Products being delivered to that address. Separate delivery charges shall therefore apply in respect of deliveries made to different addresses.
4.5. We are entitled to refuse any order made by you for any reason.
4.6. When making an order you undertake that all details you provide to us requesting Product(s) are true and accurate, that you are an authorised user of the credit or debit card used to make your order and that there are sufficient funds to cover the cost of the Product(s). It is your responsibility to inform us of any changes to these details as soon as possible.
5. Cancellation of the Contract
5.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy.
5.2. We reserve the right to terminate and cancel your Contract with us if:
5.2.1. We have insufficient stock to deliver the Product(s) you have ordered;
5.2.2. We do not deliver Product(s) to the geographical location requested in your order; or
5.2.3. one or more of the Products that you ordered was listed at an incorrect price due to an error in the pricing information on the Website.
5.3. If we do terminate and cancel your Contract with us, we will notify you as soon as possible by e-mail and will refund to you any sum deducted by us from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any compensation in respect of this cancellation.
6. Delivery, Risk and Title
6.1. The sale of Products listed on our Website is subject to the availability of those Products.
6.2. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.3. The Products will be at your risk from the time of delivery.
6.4. Ownership of the Products will only pass to you following delivery if we have received full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
7.1. The price payable for the Products shall be as shown on the Website, except in cases of obvious error (see clauses 7.4 and 7.5 below). Prices advertised on the Website include VAT but exclude delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance. See Delivery Details for more information.
7.2. Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO and ELECTRON. [We will not charge your credit or debit card until We are ready to dispatch your order]. Payment shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
7.3. Prices are subject to change without notice but changes will not affect orders in respect of which We have already sent you a Dispatch Confirmation.
7.4. Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6. The cost of foreign Products and services may fluctuate. All prices advertised are subject to such changes which we will notify you of prior to dispatch.
7.7. Only one promotion code can be used per order, however, promotional codes cannot be used against Products that are already discounted.
8. Our refunds policy
8.1. For details on refunds, please refer to our Returns Policy.
9. Our liability
9.1. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings, damage to or loss of goodwill, reputation or data.
9.2. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to a Contract shall not exceed the amount paid by you for the Products, within that Contract, including any delivery charges.
9.3. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
9.4. Nothing in these terms and conditions shall exclude or limit your statutory rights.
10. Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
11. Import Duty
11.1. If you order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notices
All notices given by you to us must be given to us at customerservices@boohoo.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of rights and obligations
14.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside our control
15.1. 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 events outside our reasonable control ("Force Majeure Event").
15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; or
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event 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 Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. Waiver
16.1. If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, 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.
16.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
17. Severability
17.1. If any of these terms and Conditions or any provisions of a 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.
17.2. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
18. Entire agreement
18.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18.4. A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
19. Our right to vary these terms and conditions
19.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
19.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
21. After-sale service
21.1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to customerservices@boohoo.com.
21.2. If you have any complaints these should be addressed in writing to Wasabi Frog Limited, 32 Hilton Street, Manchester, M1 2EH.
