Terms and Conditions Of Product Sale
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 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. Registered in the Netherlands as Wasabi Frog Ltd, our Dutch VAT number is NL823728651B01. Our email address is: firstname.lastname@example.org.
1.2 Boohoo.com USA Limited (a company registered in the United Kingdom) and/or its affiliates provide website features and other products and services to you when you visit or shop at the Website, use Boohoo.com products or services, use Boohoo.com applications for mobile, or use software provided by Boohoo.com in connection with any of the foregoing (collectively "Boohoo.com Services"). Boohoo.com USA Limited provides the Boohoo Services and sells Boohoo.com’s products to you subject to the conditions set out on this page.
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 authorized 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 excludes delivery charges or any applicable taxes. 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 recognized 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 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 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.
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, complaints or requests regarding these terms and conditions or our Products should be addressed to firstname.lastname@example.org.
#dressmas Instagram Competition
Terms & Conditions
- The Prize is a post redeemable at www.boohoo.com to the value of £500 clothes (or equivalent currency) of the winner's choice which are in size and stock at time of redeeming.
- The competition is open to all UK, Euro, Australian, New Zealand, French, Dutch, USA and Canadian residents, except employees of Boohoo.com and any companies involved in the administration or promotion of this Prize Draw.
- The closing date for receipt of entries is 11.59pm 15th December (GMT). The Winner’s name, and the results, will be announced on the instagram image they upload and on the winner's profile.
- There will be three winners each week.
- The winning entry will be picked from all instagram images posted and it will be judged on the best ‘#dressmas’ outfit from all outfits with the correct tagging as judged by the boohoo team and they need to follow @boohooOfficial and #dressmas to enter to win as a condition of entry.
- Wasabi Frog’s decision as to the winning entry is final – no correspondence will be entered into.
- The Winner must redeem the Prize by responding to @boohooOfficial message on their photo and sending their email address to us via a FB message on facebook.com/boohoo.com
- The Prize is not redeemable for cash or resale.
- These terms and conditions apply to the “#dressmas” (“the Competition”) on Instagram.com/BoohooOfficial (these “Terms”) and by entering into the Prize Draw, Entrants will be deemed to have read and accepted these Terms and agree to be bound by them. If you do not agree with any of these Terms please do not enter into the competition.
- Promoter: Wasabi Frog Limited t/a Boohoo.com, 49-51 Dale Street, Manchester M12HF (“Wasabi Frog”).
- The Prize Draw closes at 11.59pm (GMT) 11.59pm 15th December (“the Closing Date”).
- This Prize Draw is open to all UK, Euro, Australian, NewZealand, French, Dutch, USA and Canadian residents aged 13 years or over; except for employees of Wasabi Frog Limited, their families or anyone else associated with this competition, its operation or promotion.
- All information detailing how to enter this competition forms part of these Terms. It is a condition of entry that these Terms are accepted as final and that any Entrant agrees to abide by them. The decision of Wasabi Frog is final and no correspondence will be entered into. Submission of an entry will be taken as acceptance of these Terms.
- To enter, entrants must:
Only entries which contain this information (“Qualifying Entries”) will be entered into the Prize Draw.
- Visit the official Boohoo Instagram Page at http://instagram.com/boohooofficial;
- Follow us @boohooofficial,
- upload your best party outfit and tag #dressmas in the description
- All entries must be received by the Closing Date
- Only one entry per person. No purchase necessary. No bulk, third party or automated entries or those submitted via macros, interference or similar means are permitted. Late, illegible, incomplete or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt. Entries must not be sent through agencies or third parties.
- The prize consists of a parcel of product as chosen by the winner redeemable at www.boohoo.com to the value of £500 or equivalent currency (“the Prize”). The Prize is non-transferable and there are no cash alternatives.
- There will only be three winners of the Prize each week (“the Winner”). The Winner will be selected from all Qualifying Entries in a deciding vote to be conducted by boohoo.com team as soon as practicable after the Closing Date (“the Draw”). The winner will be notified by instagram by 11pm on Monday of each week until 15th December following the competition at the latest (“the Notification Date”). The Winner must then respond on facebook and DM their email address.
- Entrants who are not contactable within 7 days of the Notification Date after reasonable means (using the contact details provided by the Entrant), or who fail to meet any of the eligibility requirements in clause 4 above will be disqualified, lose their entitlement to the Prize and the Draw will be re-decided and the Prize will be awarded to another Entrant.
- By entering into the competition, the winner agrees to participate in publicity following the competition. This may include use of their name and image in online and offline publicity, communications, and in any other media worldwide without any fee being paid to the winner.
- For the name of the winner, please send an SAE to #dressmas Instagram Competition c/o Boohoo Marketing, 49-51 Dale Street, Manchester, M1 2EQ within four weeks of the closing date.
- Events may occur that render the competition itself or the awarding of the Prize impossible due to reasons beyond the control of Wasabi Frog and accordingly Wasabi Frog may at its absolute discretion vary, amend the terms of, change the details of the Prize or its value or cancel the competition without notice (in particular if it or the website on which the competition is operated is affected by any denial-of service attacks, viruses, hacking or any other technologically harmful material or act) and the Entrant agrees that no liability will attach to the Promoter as a result thereof. Any changes to these Terms or the Prize will be posted on the Official Boohoo Facebook Page.
- To the extent permitted by law, Wasabi Frog and its agents and representatives hereby expressly exclude any liability whether in contract, tort, criminal law, 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: (a) any act or omission of Wasabi Frog in developing, planning and administering the Prize Draw; (b) any entry or attempted entry into the Prize Draw;
- Wasabi Frog will not be liable for any inability of any person to enter the competition because of any unavailability of such page, failures in computer systems or networks, other malfunctions, or for any other reason.
- All conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms.
- Nothing in these Terms will exclude or limit Wasabi Frog’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
- If you have a comment, query or complaint about these Terms or the competition, please contact Boohoo Marketing, 49-51 Dale Street, Manchester, M1 2EQ.
- Wasabi Frog may refuse to provide the Prize in the event that an Entrant fails to satisfy the eligibility requirements under these Terms in clause 4 above, or has committed or is alleged to have committed any act of fraud or dishonesty, or is in breach of any of these Terms.
- In the event of any dispute regarding these Terms, conduct, results and all other matters relating to the competition, the decision of Wasabi Frog will be final and no correspondence or discussion will be entered into.
- 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 will 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 will apply with whatever modification is necessary to give effect to the commercial intention of the parties.
- 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 will constitute a waiver of that or any other right or remedy, nor will 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 will preclude or restrict the further exercise of that or any other right or remedy.
- These Terms and any non-contractual obligations arising out of or in connection with them will be governed and construed in accordance with English law. The courts of England and Wales will have exclusive jurisdiction to settle any dispute or matter of difference which may arise out of or in connection with these Terms.
DISCOUNT CODE TERMS AND CONDITIONS
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 territory to which they apply in Sterling or, where enabled, Euros, Australian dollars or US Dollars. Payment by Euros, Australian dollars or US 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 these terms and conditions.