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 site) to you. Please read these terms and conditions carefully before ordering any Products from our site.
You should print a copy of these terms and conditions for future reference.
Your attention is drawn to clauses 5, 6, 9 and 11.
- INFORMATION ABOUT US
- www.boohoo.com is a site operated by Boohoo.com UK Limited (“We”). We are 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 Dutch VAT number is NL823728651B01. Our email address is: firstname.lastname@example.org.
- SERVICE AVAILABILITY
- We only accept orders from individuals in the UK, European Economic Area ("EEA") (the "Serviced Countries") USA, Canada, Australia, New Zealand and United Arab Emirates.
- 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.
- All statutory consumer rights referred to in this agreement and our Returns Policy apply only to consumers who are domiciled in the UK or the EEA at the time of contracting with us.
- YOUR STATUS
- By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and,
- you are resident in one of the Serviced Countries.
- By placing an order through our site, you warrant that:
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 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.
- We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
- If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
- The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- We are entitled to refuse any order made by you for any reason.
- When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
- YOUR RIGHT TO CANCEL THE CONTRACT
- If you are an EEA customer you have a right to cancel a Contract under the Consumer Contracts Regulations at any time within 14 calendar days ("the Cancellation Period").
- In the case of an order for a single Product, the Cancellation Period begins on the day after you received the Product.
- In the case of an order for multiple Products, the Cancellation Period begins on the day after you received the last Product in your order (in the event that the Products are delivered on different dates). If the Products are delivered on the same day, the Cancellation Period begins from the day after the Products are delivered.
- For further information how to cancel a contract and when your statutory cancellation rights may or may not apply please see our Returns Policy.
- As an alternative to using your rights under the Consumer Contracts Regulations you may wish to return an item using our free UK returns service. For further information on returns please see our Returns Policy.
- YOUR RIGHT FOR A REFUND
- If you return your order to us in accordance with our Returns Policy you will receive a full refund of the price paid for the Products within 14 days ("the Refund Period").
- If you are an EEA customer and cancel your contract within the Cancellation Period you will receive a full refund of the price paid for the products within the Refund Period.
- The Refund Period starts from the day after We receive the Products back from you, or (if earlier) the day on which you provide Us with evidence you have returned the Products.
- Please note We can deduct from your refund for damage or wear and tear where you have used (or excessively handled) the Products and this results in the value of the Products being diminished.
- We refer you to our Returns Policy for more information on returns and refunds.
- AVAILABILITY AND DELIVERY
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then without undue delay.
- In any event, delivery will take place no more than 30 calendar days after the day on which a Contract is entered into.
- PRICE AND PAYMENT
- The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance. Delivery Details.
- Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
- Prices are subject to change without notice but changes will not affect orders which We have already accepted.
- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site 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 site, 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.
- 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 unmistakable and could have reasonably been recognized by you as a miss-pricing
- Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO and ELECTRON. We also accept payments via PAYPAL.
- The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
- Only one promotion code can be used per order.
- OUR LIABILITY
- If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
- make good any shortage or non-delivery or incorrect delivery; or
- replace or repair any Products that are damaged or defective; or
- refund to you the amount paid by you for the Products in question
- 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.
- Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
- Nothing in this contract 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.
- Nothing in this contract shall exclude or limit your statutory rights.
- 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.
- If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
- INTELLECTUAL PROPERTY RIGHTS
- All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
- You agree to indemnify, defend and hold harmless Boohoo.com UK Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
- IMPORT DUTY
- If you order Products from our site 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.
- 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.
- 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.
- All notices given by you to us must be given to us at email@example.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.
- TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 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.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
- 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:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- 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 endeavors 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.
- 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.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 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 14 above.
- 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.
- 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.
- ENTIRE AGREEMENT
- 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.
- 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.
- 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.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- 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.
- 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).
- 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.
- AFTER- SALE SERVICE
- Questions, comments or requests regarding these terms and conditions or our Products should be addressed to firstname.lastname@example.org.
- If you have any complaints these should be addressed in writing to Boohoo. Boohoo PO Box 553, BURNLEY, BB11 9GD
PROMOTION TERMS AND CONDITIONS
Due to the fabulous offers onsite, other promotional codes may not apply
Official boohoo promotion codes entitle you to an offer on your online order from www.boohoo.com. To utilise 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 boohoo.com for payments made by residents of the United Kingdom and Ireland in Sterling, where enabled, Euros, US or Australian dollars. Payment by Euros, US or Australian dollars can be enabled by selecting the appropriate flag in the dropdown currency selection menu in the top right-hand corner on the homepage.
Goods are supplied subject to our terms and conditions, all details can be found here:
Terms and Conditions relating to Boohoo's "Holiday to Ibiza with Thomas Cook Airlines" Prize Draw
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PRIZE DRAW. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The promoter of boohoo's "Holiday to Ibiza with Thomas Cook Airlines " Prize Draw ("Prize Draw") is Boohoo.com UK Limited of 49/51 Dale Street, Manchester M1 2HF ("Promoter") with elements of the Prize being provided by Thomas Cook Airlines of c/o Hanger 1, Western Maintenance Area, Runger Lane, Manchester Airport, Manchester, M90 5FL (“Thomas Cook Airlines”).
1.1. Only residents of the United Kingdom aged 18 years of age or over are eligible to enter this Prize Draw.
1.2. The Prize Draw is not open to employees, officers or directors or to members of the immediate family or household of any employees, officers, or directors of the Promoter or Thomas Cook Airlines or any of its parents, subsidiaries, affiliates or any other company involved in this Prize Draw promotion (collectively, the “Prize Draw Entities”).
1.3. Eligibility may be verified at any time. The Prize Draw is subject to all applicable laws and regulations and is void where prohibited.
1.4. Entrants will require access to the internet to enter the competition.
2. How to enter
2.1. To enter the Prize Draw Entrants must visit the Promoter’s site and complete the data entry fields requested (www.boohoo.com/competition) (“Entry Page”).
By entering the Prize Draw, the Entrant agrees to receive marketing communications from the Promoter and Thomas Cook Airlines.
2.2. Only one Entry is permitted per person. If you make more than one entry, only your first Entry will be counted. Subsequent entries from the same person or email address will be disqualified. Any attempt by a person to enter more than once with multiple email accounts or any other means may result in disqualification at the discretion of the Promoter upon prize verification. Any attempt by a person to enter more than the allowed number of entries may result in disqualification.
2.3. No bulk, third party or automated entries are permitted.
2.4. All Entrants (including the Winner) must comply with any reasonable directions given to them by the Promoter in connection with the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or forfeiture of the Prize (as defined below).
2.5. By participating in the Prize Draw, each entrant unconditionally accepts and agrees to comply with and abide by these Terms & Conditions. All entries must be received by the end of the Prize Draw Period in order to participate. Proof of submission is not proof of receipt.
3. Prize Draw Period
3.1. The Prize Draw begins on 01 July 2016 at 12.00AM Greenwich Mean Time (GMT) and ends on 15th July 2016 at 11.59PM GMT (the “Prize Draw Period”). The Promoter’s database computer is the official time-keeping device for the Prize Draw.
3.2. Entries received outside the Prize Draw Period will not be valid.
4. Winner selection and contact
4.1. One (1) winning Entry will be selected at random from all eligible entries received during the Prize Draw period.. The random drawing will be conducted on or about the 20th July 2016. The winner is permitted to ask a plus one to accompany them.
4.2. No correspondence will be entered into in respect of any decision made in connection with this Prize Draw. By entering, you agree to be bound by the terms of these Terms & Conditions and all decisions of the judges, which are final and binding in all matters relating to the Prize Draw.
4.3. The Promoter will contact the winner (“Winner”) will be notified by email using the contact information given at the time of entry. The Promoter shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Once the Promoter has notified the Winner, the Promoter will provide the Winner’s details to Thomas Cook Airlines.
4.4. If any Winner fails to respond to the Promoter within 48 hours of the first notification attempt by the Promoter in accordance with clause 4.3, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, then the Promoter acting in its absolute discretion may:
4.4.1. make further attempts to contact the Winner; and/or
4.4.2. withdraw the Prize from the Winner.
4.5 If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter under clause 3.4.2, the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a alternate Winner selected by the Judges in accordance with this clause 4.
4.6 If any potential winner is found to be ineligible, or if he or she has not complied with these Terms & Conditions or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
5.1. The Winner will win:
– the Ibiza Getaway, provided by Thomas Cook Airlines, and consisting of: 2 return flights with Thomas Cook Airlines departing from either Manchester or London Gatwick to Ibiza during September or October 2016, excluding any school holidays; and four (4) night’s hotel accommodation for 2 people;
VIP club entry to one of the following clubs: Space, Sankeys, Zoo or Ushuaia and £200 (two hundred pounds) online store credit to spend at www.boohoo.com provided by the Promoter.
5.2. The flights must be booked by the winner by 31st August 2016 for a departure date in September or October 2016, excluding school holidays. Flights are subject to availability at all times. The hotel accommodation will be at least 3* and will be chosen by Thomas Cook Airlines entirely at their discretion and cannot be changed or altered in anyway by the winner. The winner must be one of the people travelling on the Ibiza Getaway.
5.3. The Store Credit will be credited to the Winner’s customer account on boohoo.com within 7 days of the Winner providing the Details – they will need to register an account at boohoo.com if they don’t already have one
5.4. The goods that may be purchased with the Store Credit are subject to availability and the Promoter will have sole discretion in this respect.
5.5. The Prize is non-transferable and non-refundable and the Winner cannot request any alternative prize (cash or otherwise), except in the Promoter’s discretion. Thomas Cook Airlines may award a substitute of comparable or greater value if the Ibiza Getaway listed becomes unavailable for any reason.
There is one (1) Prize available. The winner is permitted to ask a companion to accompany them, provided such other person is eligible for the prize in accordance with these Terms & Conditions and complies with any other requirements relating to the prize.
5.6. The Ibiza Getaway does not include travel insurance, or any other items or expense not specifically stated within the prize description. All such costs/expenses will be the responsibility of the winner and their travel companion. The winner and their travelling companion is responsible for ensuring they hold a valid passport to travel and any necessary visa, and hold the adequate travel insurance, as well as complying with any other terms and conditions applicable to the Ibiza Getaway and notified to the winner at the time of claiming the prize.
5.7. The Winner is responsible for all applicable local taxes, and for any other fees or costs associated with acceptance or use of the prize.
5.8. THE WINNER ACCEPTS THAT THE IBIZA GETAWAY IS NOT A ‘PACKAGE HOLIDAY’ FOR THE PURPOSES OF THE PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOURS REGULATIONS 1992 AND THE WINNER IS AFFORDED NO FINANCIAL PROTECTION OR OTHER RIGHTS UNDER THESE REGULATIONS.
6. Winner publicity
6.1. The Promoter and Thomas Cook Airlines reserves the right to publish the Winner’s name, photograph and town or county of residence on the Promoter’s and Thomas Cook Airline’s official social media accounts, including Twitter, Instagram and Facebook and on their websites found atwww.boohoo.com and www.thomascookairlines.com, and in all forms of media now known or hereafter developed for advertising and/or publicity purposes worldwide, in perpetuity, without further compensation except where prohibited by law.
By accepting the prize, the Winner you agrees to their Entry, name and photograph being published in accordance with clause 6.1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.
7. Entry requirements
7.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Prize Draw or Promoter into disrepute will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.
7.2. The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its Twitter or Instagram pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.
8. Use and display of Entries and copyright
8.1. The copyright subsisting in the Entry must belong to the Entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries. If an Entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.
8.2. By submitting an Entry:
8.2.1. you license and grant the Promoter and Thomas Cook Airlines and their affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s and Thomas Cook Airline’s websites, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;
8.2.2. you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
8.2.3. you warrant that the Entry is your original work, has not been copied, in whole or in part, from any third party and you have full authority to enter the Entry in the Prize Draw and to the rights granted in these Terms and Conditions;
9.1. Except for death or personal injury caused by negligence of the Promoter, Thomas Cook Airlines or their agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, Thomas Cook Airlines nor their agents or representatives assume responsibility for:
9.1.1. any Prize that is not redeemed;
9.1.2. any personal property;
9.1.3. any loss of enjoyment or wasted expenditure;
9.1.4. any system failures or malfunctions of any third party websites;
9.1.5. any incomplete, lost, delayed or late Entries;
9.1.6. any failure to fulfil obligations of any third parties involved in this Prize Draw;
9.1.7. any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw howsoever arising from participating in the Prize Draw;
9.1.8. communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Prize Draw;
9.1.9. inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
9.1.10. any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
9.1.11. if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorized intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or
9.1.12. any other matter outside of their reasonable control.
9.2. Nothing in these Terms and Conditions affects your statutory rights.
9.3. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
9.4. The Winner agrees to indemnify and keep indemnified the Promoter, Thomas Cook Airlines, their group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
9.4.1. their Entry into this Prize Draw; and/or
9.4.2. their receipt and use of any Prize.
10. Data protection
10.1.Any person who provides their details to the Promoter in connection with this Prize Draw accepts:
10.1.1. these Terms and Conditions; and
10.1.2. the use of their personal data by the Promoter and Thomas Cook Airlines:
a) for the purpose of administration of the Prize Draw (including publishing the name of the Winner and any administration relating to the Prize); and
b) to provide you with information and offers that may be of interest.
10.4.You have the right to request that your personal data is not used for marketing purposes. Even if you have initially agreed that your data can be used for marketing purposes you can subsequently exercise the right to unsubscribe from such use at any time by writing to the contact details set out in the Privacy Policies at clause 10.2 and 10.3 above.
11.1.The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter its website.
11.2.By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your entry.
11.3.Without prejudice to clause 7.1, the Promoter reserves the right to exclude any Entry from the Prize Draw if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
11.4.No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
11.5.If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
11.6.If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
11.7.No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
11.8.No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11.9.For the name of the winner or for a copy of these Terms and Conditions please send a stamped addressed envelope together with your written request to Holiday to Ibiza Prize Draw, Boohoo Marketing, 49-51 Dale Street, Manchester, M1 2HF.
11.10. The Prize Draw, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Prize Draw or these terms.