Terms and Conditions 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 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 clause’s 9 and 11.
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 49/51 Dale Street Manchester England M1 2HF. Our VAT number is 883 32 63 09. Our email address is: firstname.lastname@example.org.
2. Service availability
2.1. 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.
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, 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.
4.4. 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.
4.5. We are entitled to refuse any order made by you for any reason.
4.6. 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.
5. Consumer rights
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.
6. 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 within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Price and payment
7.1. 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.
7.2. 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.
7.3. Prices are subject to change without notice but changes will not affect orders which We have already accepted.
7.4. 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.
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 unmistakable and could have reasonably been recognised by you as a miss-pricing.
7.6. Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO, ELECTRON and LASER CARD. We also accept payments via PAYPAL.
7.7. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
7.8. Only one promotion code can be used per order.
8. Our refunds policy
8.1. For details on refunds, please refer to our Returns Policy.
9. Our liability
9.1. 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:
9.1.1. make good any shortage or non-delivery or incorrect delivery; or
9.1.2. replace or repair any Products that are damaged or defective; or
9.1.3. refund to you the amount paid by you for the Products in question.
9.2. 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.
9.3. 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.
9.4. 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.
9.5. Nothing in this contract shall exclude or limit your statutory rights.
9.6. 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.
10. 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 Wasabi Frog 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.
12. Import Duty
12.1. 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.
12.2. 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.
13. 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.
15. Transfer of rights and obligations
15.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2. 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.
15.3. 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.
16. Events outside our control
16.1. 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").
16.2. 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:
16.2.1. Strikes, lock-outs or other industrial action.
16.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5. Impossibility of the use of public or private telecommunications networks.
16.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
16.3. 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.
17.1. 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.
17.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3. 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.
18.1. 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.
18.2. 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.
19. Entire agreement
19.1. 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.
19.2. 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.
19.3. 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.
20. Our right to vary these terms and conditions
20.1. 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.
20.2. 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).
21. 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.
22. After-sale service
22.1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to firstname.lastname@example.org.
22.2. If you have any complaints these should be addressed in writing to Wasabi Frog Limited, 49/51, Dale Street, Manchester, England, M1 2HF.
Official Boohoo Discount Codes entitle you to an extra percentage (specific to the Discount Code in question) off your next online order from www.boohoo.com. To claim your discount, enter the specific promotion code then click on "recalculate order" when prompted to enter your payment details at the "checkout" page.
Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Discount 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.
Discount Codes are only valid on Boohoo.com for payments made by residents of the United Kingdom and Ireland in Sterling or, where enabled, Euros or Australian dollars. Payment by Euros 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, which can be found at: www.boohoo.com/restofworld/terms+conditions/pcat/terms/
Win a boohoo Fiat 500
1.1 Entrants must be based in Ireland and aged 18 years or over at the time of entering the prize draw.
1.2 Employees and personnel of Wasabi Frog, [Guest Motors Limited t/a Guest Fiat (“Guest Fiat”)] and Associated Newspapers Limited or any other company connected with the operation of the prize draw and each of their subsidiaries, members or their group of companies and associated companies, and the families, friends or agents of such employees or personnel, are ineligible to enter the prize draw.
1.3 Entrants must hold a full valid, clean Irish driving licence for the relevant category of vehicle for the Prize Car as set out in section 3 below.
1.4 Entrants may enter the competition by phoneline and text entry.
1.5 The closing time for entries is midnight Friday 16th March 2012.
1.6 The prize is a Fiat 500 ‘Pop’ (basic model, 1.2 petrol engine, manual, 3 door, in pink featuring boohoo.com branding and logos), with a value of 10,000 euros on the road (the “Prize Car”). No cash or other alternative is available. The prize does not include a sunroof. Further details in relation to the vehicle specification can be found at [www.guestfiat.co.uk]
1.7 The winner is solely responsible for obtaining prior to collection of the Prize Car and maintaining for the period of ownership of the Prize Car all relevant licences, permissions and insurances necessary for the ownership and/or use of such Prize Car (including without limitation comprehensive insurance and road tax). The Prize Car does not include insurance, road tax, petrol, servicing or MOT. The Prize Car excludes all other costs and arrangements not expressly set out in these Terms.
1.8 The Prize Car must be collected by the winner from Dublin 4. Please allow 28 days for collection from the closing date.
1.9 The winner will be required to provide a copy of their (i) driving licence, (ii) their passport or birth certificate, and (iii) comprehensive insurance cover to Wasabi Frog prior to or at the time of collecting the Prize Car. The winner must comply with all instructions and necessary requirements as may be specified by Guest Fiat to receive the Prize Car and to transfer ownership of the Prize Car to the winner, including but not limited to paying any required charges and/or costs which are not included in the Prize Car and completing any required forms and paperwork.
1.10 The boohoo.com branded wrap which covers the Prize Car has a 5 year fade warranty.
1.11 The Prize Car cannot be sold, transferred or otherwise disposed of or given to any other person or company for at least two years from the date of collection of the Prize Car.
1.12 Entrants who are not contactable within 14 days of the competition closing after reasonable means (using the contact details provided by the entrant), or who fail to meet any of the eligibility requirements, or are otherwise unable to comply with these Terms, shall be disqualified, lose their entitlement to the Prize Car and the draw shall be re-drawn at random and the Prize Car shall be awarded to another entrant.
1.13 By entering into the prize draw, the winner agrees to participate in publicity following the prize draw.
1.14 To the extent permitted by law, Wasabi Frog and Associated Newspapers Limited and the agents and representatives hereby expressly exclude any liability whether in contract, tort, breach of statutory duty or otherwise for any direct, indirect or consequential loss, damage, injury or disappointment (including without limitation any pure economic loss) suffered or incurred by any entrant, winner or any third party whether foreseeable or not in connection with:
- any act or omission of Wasabi Frog in developing, planning and administering the prize draw and Associated Newspapers publicising it;
- any entry or attempted entry into the prize draw;
- any receipt and/or the use of the Prize Car;
- any damage to, fault or defect in the Prize Car; or
- any accident, incident, penalty, offence or fine arising in connection with the Prize Car.
1.15 As Wasabi Frog and Associated Newspapers Limited are not the manufacturer of the Prize Car, they shall not be liable for any defect in the Prize Car.
1.16 All conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and in particular Wasabi Frog and Associated Newspapers Limited do not guarantee the value of the Prize Car or its suitability for any particular purpose or requirements of the winner.
1.17 Nothing in these Terms shall exclude or limit Wasabi Frog’s and Associated Newspapers Limited liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
1.18 The winner agrees to indemnify and keep indemnified Wasabi Frog, Associated Newspapers Limited and 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:
- their entry into the prize draw;
- their receipt and use of the Prize Car; and
- any content or other material which they submit and/or distribute online in connection with the competition, Prize Car and/or their “winner’s style journey”.
1.19 If you have a comment, query or complaint about these Terms or the prize draw, please contact Boohoo Marketing, 49-51 Dale Street, Manchester, M1 2EQ.
1.20 Wasabi Frog may refuse to provide a Prize Car, or may seek its recovery from the winner, in the event that an entrant fails to satisfy the eligibility requirements under these Terms, or has committed or is alleged to have committed any act of fraud or dishonesty, or is in breach of any of these Terms.
1.21 Any entrant and/or winner must comply with any directions given to him or her by Wasabi Frog, failure to comply with such directions may result in an invalid entry and/or forfeiture of the Prize Car.
Wasabi Frog reserves the right to cancel or amend the prize draw or these Terms without notice if it has reasonable grounds for doing so which may include without limitation the prize draw (or the website on which it is operated) being affected by any denial-of service attacks, viruses, hacking or any other technologically harmful material or act. Wasabi Frog reserves the right to substitute the Prize Car for one of equivalent or greater value if the Prize Car becomes unavailable for any reason outside of Wasabi Frog’s reasonable control.
In the event of any dispute regarding these Terms, conduct, results and all other matters relating to the prize draw, the decision of Wasabi Frog shall be final and no correspondence or discussion shall be entered into.
1.25 If any provision of these Terms (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. 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 parties.
1.26 No failure or delay by a party to exercise any right or remedy provided under these Terms 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. 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.
1.27 These Terms and any non-contractual obligations arising out of or in connection with them shall be governed and construed in accordance with English law. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or matter of difference which may arise out of or in connection with these Terms.
1.28 The prize draw is operated by Wasabi Frog Limited t/a boohoo.com with registered number 05723154 and registered address 49/51 Dale Street, Manchester, M1 2HF, (“Wasabi Frog”).