Terms & Conditions
IMPORTANT LEGAL NOTICE
These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.boohooMAN.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. By placing an order to purchase any of our Products, you agree to be bound by these Terms and Conditions together with our Privacy Notice here, our Terms of Use here and our returns policy here, regardless of whether or not you choose to register with us. These Terms and Conditions tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1. INFORMATION ABOUT US
1. www.boohooMAN.com is operated by Boohoo.com UK Limited (“We” “us” “our”). We are a company registered in England and Wales under company number 05723154 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61. Our email address is [email protected].
PRODUCTS
The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display and print the colours of the Products accurately, we cannot guarantee that your device or computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you. The Products may vary slightly from these images.
Whilst we take reasonable care to ensure accuracy, all sizing and measurements of Products detailed on our site are approximate. We cannot guarantee that all details are always accurate, complete, or error free.
All our Products are sold on the basis that they are suitable for domestic and private use only. As such, none of our Products are intended for use in connection with any business purpose.
Please note that Products on our site are not aimed at persons aged under 16 and may be unsuitable for persons under this age group.
2. PRODUCT AVAILABILITY
1. Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our “Deliveries” page here.
If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This may happen in circumstances, including (but not limited to) where the Product(s) is/are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Product(s).
We may make changes to these Terms and Conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
3. YOUR STATUS
1. You may only purchase Products from us if:
a) you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);
b) you are an authorised user of the credit or debit card or payment account (ie Paypal, Klarna or Clearpay ) used to pay for your order; and,
c) are resident in a country that we deliver to (please see our “Deliveries” page here for further information).
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
2. After you submit your order, we immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.
3. As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 8 of these terms and conditions or under our Returns Policyhere.
4. From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
5. These terms and conditions, and any Contract between us, are only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
5. DELIVERY
1. We will seek to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
2. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may end the Contract and clause 13 will apply.
3. Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
4. If you check out using your bank details, PayPal, or Apple Pay, you will own the Products once we have received payment in full. However, when you check-out using a payment instalment method, e.g. through a finance provider such as Klarna ZipPay, LayBuy or Clearpay, then alternative terms will apply to you, further information on this is set out in clause 8 below.
5. Please note postcode restrictions apply. Check your eligibility here.
6. Working Days excludes weekends and Bank Holidays.
7. If you wish to dispute delivery of your order, you have 28 days starting from the day that the tracking status for you order is updated by the carrier as fulfilled (i.e. updated as delivered to the address set out in the Dispatch Confirmation). We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs
In addition, if you order Products from us for delivery to a destination outside the UK:
(a) your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
(b) you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and
c) if you return any Products to us from a destination outside the UK, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.
7. PRICE AND PAYMENT
1. The price payable for the Products shall be as shown on our site in pounds (GBP), although please see clauses 7.5 and 7.6 for what happens if We discover an error in the price of any Product you order. Prices advertised on our site include UK VAT at the relevant rate chargeable for the time being, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
3. We accept payment by debit card, credit card, Apple Pay (iOS only), Paypal and Clearpay (not available on App) and Klarna. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
4. You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account. If you are using Clearpay, such payment will be subject to additional terms between you and Clearpay, available at https://www.clearpay.co.uk/en-GB/terms-of-service. For more information about how Clearpay will handle your personal data see their Privacy Policy, available at https://www.clearpay.co.uk/en-GB/privacy-policy . If you pay using Klarna, such payment will subject to additional terms between you and Klarna, available at https://www.klarna.com/uk/terms-and-conditions/. Late fees may apply. See https://www.klarna.com/uk/customer-service/ for further information about Klarna. For more information about how Klarna will handle your personal data see their Privacy Policy, available at https://www.klarna.com/uk/privacy-notice/.
5. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We have the right to reject an order if we discover a pricing error. We will normally check prices before accepting your order and if the price is incorrect, we will try to contact you for your instructions before we accept your order. If we are unable to contact you, your order will be cancelled. If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, we may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
6. If you wish to apply a discount code or e-gift voucher code to your order, you must enter the relevant code during the online checkout process. Only one discount code and/or a maximum of five e-gift voucher codes, can be used per order and additional terms and conditions may apply in respect of each discount code. We reserve the right to decline to accept any discount or e-gift voucher code that is invalid for your order or that has expired.
9 YOUR RIGHT TO CANCEL THE CONTRACT
9.1 If you are a consumer in the UK or the European Union ("EU"), you have a legal right to cancel a Contract if you change your mind, until 14 days after you receive (or someone you nominate receives) the Product(s), unless the Products are split into several deliveries over different days, in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last Product which you ordered under the Contract which you wish to cancel. We are entitled to extend your period for cancellation at our discretion and you should review our Returns Policy here from time to time for further information.
9.2 You are entitled to exercise your rights to cancel an order in respect of any one, or all Products from an order. Please see our Returns Policy here for more details.
9.3 You may be entitled to a repair, replacement, or refund where you receive faulty Products, or your Products become faulty. Please let us know as soon as reasonably possible after becoming aware of a fault with your Product. For further information, please see our Returns Policy here.
9.4 If you wish to cancel a Contract under clauses 9.1 to 9.3 above, please let us know within the timescales set out under those clauses. There are a few ways to contact us, you can:
Email us: [email protected]
Facebook us here.
Write to us via post: boohoo.com UK Limited (t/a boohooMAN), PO Box 553, Burnley, BB11 9GD.
9. RETURNS
1. As an alternative to using your rights under clause 8.1, you may wish to return an item using our UK returns service. Please note there will be a charge of £1.99 for returning item(s) (this cost is not applicable to boohooMAN Premier customers). For further information on returns please see our Returns Policy.
2. If you choose to return the Products using any method other than one of our nominated carriers (available via our UK returns service), you will remain responsible for the Products, including for any loss or damage, until we receive them.
3. Where we suspect fraudulent activity, including but not limited to circumstances where there are suspicious claims relating to orders having been placed, but not received, or if we suspect that you are returning items after they have been used or worn, or items returned do not match what you ordered, we reserve the right to withhold refunds and block your account (and any associated accounts) from placing orders in future. If this happens to you and you think we’ve made a mistake, you can Contact Us and we will discuss the matter with you further.
9.5 For full details on returns and items that are excluded from being returned, please see our Returns Policyhere
9.6 If you cancel a Contract under clause 9.1 before you receive the Products, but after the Products have been dispatched to you, you must return them to us once received. You must send off the Products for return within 14 days of telling us that you wish to cancel the Contract. If you choose to return the Products using any method other than one of our nominated carriers (available via our UK returns service) you will remain responsible for the Products including any loss or damage, until we receive them. Please see our Returns Policy herefor further information about how to return Products to us.
9.7 If you cancel your Contract under clause 9.1, we will:
(a) subject to clause 9.9, refund you the price you paid for the Products. However, please note that we may reduce the value of your refund to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
(b) refund some or all of charges you have paid for delivery of the Products to you on the basis that the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery destination; and
1. 14 days after the day on which We receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
2. 14 days after you inform us of your decision to cancel the Contract
2. Please see our Returns Policy here for more information about returns and refunds.
12. OUR RIGHTS TO CANCEL THE CONTRACT
1. We may end the Contract at any time by writing to you if:
a) you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c) you do not, within a reasonable time, allow us to deliver the Products to you.
2. We may also end the Contract in the circumstances set out in clause 7.5 or clause 7.6.
3. If We end the Contract in any of the situations set out in clause 13.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
11. FAULTY PRODUCTS
1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
2. If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 8.2.
3. If you discover that your Product is faulty after 14 days we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price paid and/or any associated delivery costs.
12 NON-BOOHOO ITEMS
12.1 Please be careful to ensure you pack your return carefully. If you return a non-boohoo item via our returns process. Boohoo is not responsible for and does not accept any liability for any non-boohoo items that are returned to our distribution centre, and it is your sole responsibility to ensure you return your products to the correct vendor.
MISSING ITEMS
If you believe there are items missing from your order, you must notify us within 14 days of receiving your order. If you do not inform us within 14 days of receiving your order, the order will be deemed delivered
11. OUR LIABILITY
11.1 Please note that we only provide Our Site and Products for domestic and private use. You agree not to use Our Site or any of our Products for any commercial, business or resale purposes. You further agree that you will not export, re-export, or otherwise transfer the Products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List. We do have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity, any indirect or consequential loss or damage, and will not provide VAT invoices for your purchases. If you are not a consumer, you must obtain our prior written consent to purchase Products from Our Site.
11.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT, SHALL BOOHOO.COM UK LIMITED, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS, OUR SITE, ANY CONTENT ON OUR SITE, SERVICES, FEATURES, MATERIALS AND FUNCTIONS RELATED TO OUR SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our reasonable control, including any event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation):
(a) strikes, lock-outs or other industrial action.
(b) epidemic or pandemic or government actions arising from such epidemic or pandemic.
(c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(d) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(f) impossibility of the use of public or private telecommunications networks.
(g) the acts, decrees, legislation, regulations or restrictions of any government.
(hereinafter referred to as an “Event Outside Our Control“).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13 INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All intellectual property rights in the Products are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All such rights are reserved.
14 AFTER-SALES SERVICE
14.1 You can contact us with any questions, comments, complaints, or requests regarding these Terms & Conditions of Sale or our Products, using the details set out in the Contact Us form.
15 PROMOTION TERMS AND CONDITIONS
Official boohooman promotion codes entitle you to an offer on your online order from www.boohooman.com. To utilize your promotion code, click the “redeem a promotion code“ button on the order summary page and enter the specific code. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of boohooMAN and we reserve the right to withdraw them and refuse or restrict any order at any time. Promotion codes are only valid on us.boohoo.com for payments made by residents of the United States.
16. E-GIFT CARDS
By purchasing, using, or accepting a boohooMAN e-gift card (e-gift card) (“Gift Card“), you agree to enter into a contract with boohooMAN and to be bound by these Gift Cards Terms and Conditions (“Terms and Conditions“) together with our Privacy Notice and Website Terms of Use which are incorporated into these Terms and Conditions. Please read them all carefully before purchasing, using, or accepting a Gift Card. By purchasing, using, or accepting a Gift Card, you accept that your contract with us for the Gift Card will be governed by these Terms and Conditions, together with our Privacy Notice and Website Terms of Use
“boohooman / we / our“ means boohoo.com UK Limited. We are a limited company registered in England and Wales under company number 05723154 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61.
Our Gift Cards are managed by Jigsaw Business Solutions Ltd (which is a limited company incorporated in England and Wales under company number 08663917) (“Jigsaw“). We may use Jigsaw and other third parties to perform any or all of our responsibilities relating to your Gift Card.
“You / your“ means the person who has purchased the Gift Card from us or is using the Gift Card. The Gift Cards are fully transferable to another person, but they may not be bartered or sold. If you designate another person to receive and use the Gift Card, you are authorising that person to use the Gift Card and any balance on that Gift Card. The recipient/user must create an account with us to use the Gift Card, and the use of the Gift Card by that recipient/user will be governed by these Terms and Conditions, including the Website Privacy Notice and Website Terms of Use.
PURCHASING A GIFT CARD
You can purchase an e-gift card online at boohoogiftcards.com in the U.S. only and for use only by U.S. users. You can purchase up to five e-gift cards in any one transaction. E-gift cards cannot be purchased in conjunction with any other items on boohooman.com in the same transaction.
E-gift cards may be purchased and activated for a minimum value of $5 and a maximum value of $500. E-gift cards are only available in U.S. Dollars. Payment for e-gift cards is accepted by debit card, credit card and PayPal. You cannot purchase an e-gift card using another Gift Card.
Payment on boohoogiftcards.com will be taken by a third-party company, Stripe, and will show on your bank statement as “boohoo Gift Cards“.
E-GIFT CARD DELIVERY; TITLE, RISK OF LOSS
Once your Gift Card order has been approved by us and your payment to us has cleared for the full purchase value of your Gift Card, your Gift Card will be delivered to the email address you designate for delivery when completing your order. The email address you designate for delivery should be yours or the person you have designated to receive and use the Gift Card.
The Gift Card will not be delivered until your payment to us has cleared for the full purchase value of the Gift Card.
Your Gift Card will be delivered to the designated recipient at the designed email address on the date the payment clears, unless you have designated a specific delivery date. If you have designated a specific delivery date, provided your payment has cleared by that date, the Gift Card will be delivered to the designed recipient at the designated email address on the specific date you designated for delivery when you placed your order. The specific delivery date you designate for delivery when placing your order must be within 2 months of the date of your order. If your payment has not cleared by the specific date you designate for delivery, the Gift Card will be delivered after your payment has cleared.
boohooMAN does not accept responsibility for any losses resulting from any e-gift card being delivered to an incorrect email address due to errors made by you within your order. You must therefore take extra care when entering details in your order
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or other designated recipient. Gift Cards can be purchased only from us, and you are responsible for protecting the Gift Card and PIN and for safeguarding your Gift Card from unauthorized use. We are not responsible for any unauthorized uses of your Gift Card.
REDEEMING A GIFT CARD
Your Gift Card can be used to make purchases online only at boohooMAN.com in the U.S.A. Any purchases made using any amount on your Gift Card by you or by any other valid user/recipient are subject to these Terms and Conditions, as well as to our website Terms of Use and Privacy Policy, and anyone using a Gift Card to make a purchase at boohoo.com must agree to these Terms and Conditions and to our website Terms of Use and Privacy Policy. The amount on a Gift Card cannot be used to purchase items from any of boohooMAN’s affiliate brands, including boohoo, prettylittlething, nastygal, misspap, karenmillen, coastfashion, warehouse, oasis, Dorothy Perkins, Wallis, Burton or Debenhams.
To use any amount on a Gift Card, the user will be required to enter the 8-digit PIN at the point of purchase, which PIN can be found on the delivery email that is sent to the designed recipient. Up to five Gift Cards can be used in any one transaction.
If the entire amount on your Gift Card has not been spent, the remaining balance will be updated after every transaction and will remain on your Gift Card to use until the balance is fully redeemed.
The amount on your Gift Card can be used towards the purchase amount of items that are priced higher than the balance of your Gift Card, provided that you or the user making the transaction also pay the difference for such items using one of our prescribed payment methods.
GIFT CARD EXPIRATION
Your Gift Card will have no expiration date. The balance on any validly purchased Gift Card does not expire, and may be redeemed by a valid and eligible recipient and applied towards eligible purchases at any time.
CHECK BALANCE
Your e-gift card balance can be checked online here
RETURNING ITEMS PURCHASED WITH AN E-GIFT CARD
If you or the person you have nominated to receive and use your Gift Card have purchased items with a Gift Card, but then subsequently return the items and are entitled to a refund for them in accordance with our general website Terms and Conditions, any money owing by us for the refund will be added to the remaining balance on the Gift Card first with any remainder refunded to the other prescribed payment method used you used to pay.
CORRUPTED, DELETED, LOST, STOLEN, DESTROYED, DAMAGED OR USED GIFT CARDS
boohooMAN shall not be responsible if a Gift Card is corrupted, deleted, lost, stolen, destroyed or damaged or used (as applicable) without permission. We reserve the right to refuse to accept a Gift Card which we deem to have been duplicated, tampered with, damaged or otherwise suspect has been affected by fraud.
We cannot be held responsible for Gift Cards that cannot be delivered due to the recipient’s spam filters, firewalls, capacity of the mailbox, and any other factors outside our control.
boohooMAN is unable to replace Gift Card(s) if lost, stolen, destroyed or damaged
Please realize that there are a number of Gift Card scams that request payment by gift card. We are not responsible for, and we assume no liability to you for, any unlawful conduct or fraud by any third party associated with any gift card scams, illegal activities, or otherwise.
2024 GIFT CARD COMPEITION
Full terms and conditions can be found here
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR ANY BALANCE ON ANY GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL OR OTHERWISE DEFECTIVE, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
DISPUTES
CHECK BALANCE
Any dispute or claim relating in any way to our Gift Cards shall be resolved by the dispute resolution provisions in Section 19 herein.
GENERAL
Gift Cards and their balance cannot be returned or refunded, in whole or in part, except in accordance with your statutory legal rights or as otherwise required by applicable law. Gift Cards and their balance cannot be resold, exchanged for cash or vouchers, except where required by law, or transferred for any value by you or anyone else other than for purchasing items from boohoo.com in the U.S.A. only. No fees apply to the purchase or use of any Gift Cards.
We reserve the right to require additional verification of your identity or Gift Card or account ownership, or provision of an additional payment instrument before you are able to apply a Gift Card to an eligible purchase.
When you purchase, receive, or apply a Gift Card to an eligible purchase, you agree to the governing laws, jurisdiction, and venue as stated in the Website Terms of Use.
We reserve the right to cancel any order for your Gift Card and refund any monies you have paid to us if we discover any pricing or other errors in relation to the order prior to the time of dispatch. We will contact you in these circumstances and will give you the opportunity to place a new order. Your refund will be processed within 5 working days.
We reserve the right to cancel any order made using any balance on your Gift Card and will refund any monies redeemed and paid to us from your Gift Card back to a new Gift Card if we discover any pricing or other errors in relation to the order prior to the time of dispatch. We will contact you in these circumstances and will give you the opportunity to place a new order using a new Gift Card. Your refund will be processed within 5 working days.
We reserve the right to terminate your order for your Gift Card, if we believe you have breached any of these Terms and Conditions or if we suspect fraudulent activity. We also reserve the right to terminate any order made using any balance on your Gift Card, if we believe you (or the person placing the order) has breached any of these Terms and Conditions or if we suspect fraudulent activity. If we terminate your order we will refund the sums you have paid to us within 5 working days, less any costs directly incurred by us as a consequence of your breach of these Terms and Conditions.
We reserve the right to change or add to these Terms and Conditions for security, legal or regulatory requirements. We will give you at least one month’s notice of any such changes or additions.
If you require further information about our Terms and Condition, or your use of your Gift Card, please contact a member of our customer services team at: [email protected]
17. OTHER IMPORTANT TERMS
If we have to contact you, we will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. We may also contact you by reply on any social media platform page that you have used to contact us. When we refer in these Terms and Conditions to “in writing“, this includes e-mail.
We may transfer our rights and obligations under the Contract to another organization. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms. We may use subcontractors in performing our obligations under this Contract. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority of competent jurisdiction decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Entire Agreement. These Terms and Conditions, the Terms of Use, the Privacy Policy, the Refund Policy, any documents they incorporate by reference, and any additional terms you agree to in connection with Our Site constitute the sole and entire agreement between you and boohooMAN regarding your purchase of our Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the purchase of our Products.18. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER
18.1. Arbitration Agreement:
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS & CONDITIONS OF SALE OTHERWISE PROVIDE, YOU AGREE TO WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
18.2. Agreement to Binding Arbitration:
FOR RESIDENTS OF THE UNITED STATES AND CONTRACTS FOR PRODUCTS SHIPPED TO THE UNITED STATES, YOU AND BOOHOOMAN AGREE THAT IN THE EVENT OF ANY CLAIM OR DISPUTE (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE BREACH, ENFORCEMENT, INTERPRETATION, APPLICATION, OR VALIDITY OF THESE TERMS & CONDITIONS OF SALE, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY AND SOLELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS OF SALE (THE “ARBITRATION AGREEMENT“).
18.3. Exceptions to Arbitration:
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or boohooMAN can automatically bring an individual claim in small claims court in the United States of America, consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim. Decisions regarding this Section shall solely be decided by a court and not by an arbitrator or via arbitration.
18.4. Jury Trial & Class Action Waiver:
YOU AND BOOHOOMAN ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION, MASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS (SAVE AS FOR EXCEPT SPECIFIED IN THE PARAGRAPH ENTITLED BATCH ARBITRATION BELOW. YOU AND BOOHOOMAN MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM.
To the extent permissible by law there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means that you may not seek relief on behalf of any other parties in arbitration. Further information on the Class Action Waiver to be found at paragraph
Notwithstanding the above if any arbitrator determines that any term in paragraph 19.4 is unenforceable for any reason as to any claim, including without limitation for a “private attorney general action,” then the Arbitration Agreement will be inapplicable to that claim and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.
18.5. Governing Law & Arbitration Rules
The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA“), will govern the interpretation and enforcement of this Section 19. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Delaware. The arbitration will be conducted under the then current and applicable consumer arbitration rules of the American Arbitration Association (“AAA“). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
18.6. Informal Dispute Resolution:
You and boohooMAN agree to try and resolve any dispute informally before resorting to arbitration. You and boohooMAN therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer either via telephone or video call in a good faith effort to resolve informally any dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference but you will also participate in the conference. The Party initiating the dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”) which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to boohooMAN that you intend to initiate an Informal Dispute Resolution Conference should be sent via email to [email protected] or regular mail to 49/51 Dale Street, Manchester, M1 2HF. Notice to you will be sent to the address or email address associated with your account. The Notice must include
(1) your name, telephone number, mailing address, e-mail address associated with your account,
(2) the name, telephone number, mailing address and email address of your counsel, if any; and
(3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualised such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm, or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a conditions precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the Informal Dispute resolution Conference required by this section.
18.7. Initiating Arbitration
Prior to initiating an arbitration, a party must first send a further written notice to the other party. If you intend to seek arbitration you must first send notice by international mail to boohoo.com UK Limited, c/o Legal Team, 49/51 Dale Street, Manchester, M1 2HF England. The notice shall be individual and not for the claims of any other person, and must include your full name, your entire factual, legal claim, the requested relief and an express authorization to bring the arbitration demand. boohooMAN shall send a Notice to the current billing address on your account by international mail. The Notice shall describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach a settlement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must post a copy of the completed form to the opposing party. You may send such copy to boohooMAN at boohoo.com UK Limited, c/o Legal Team, 49/51 Dale Street, Manchester, M1 2HF England, and boohoo will send such copy to the current billing address or email address on your account or to your counsel, if you so instruct.
18.8. Fees
You will pay the individual portion of the arbitration filing fee specified in the rules of the AAA. boohoo will pay the business portion of the required filing fees, and all administration and arbitrator fees (collectively, your and boohooMAN’s fees, “Arbitration Fees“).
18.9. Location & Procedure
If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA.
18.10. Arbitrator’s Decision
The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. boohooMAN shall have the right to seek attorneys’ fees and costs in arbitration for claims deemed frivolous by the arbitrator. If boohooMAN makes an offer of judgment not less than 10 days prior to the arbitration, if an arbitrator’s monetary award against boohooMAN does not match or exceed boohooMAN’s offer, you agree to pay boohooMAN’s legal fees and expenses for the arbitration.
18.11. Choice of Law, Forum Selection, & Jury Waiver
Except as set forth in this Section 19, all matters relating to all matters arising out of or related to these Terms & Conditions of Sale, will be governed by the applicable laws of the United States of America and the laws of the State of Delaware without regard to Delaware choice of law principles. Unless you and boohooMAN agree otherwise, in the event that it is determined or these Terms & Conditions of Sale provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Delaware, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Delaware for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Delaware located in New Castle County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and boohooMAN both waive your right to a jury trial, unless such waiver is unenforceable. The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
18.12. The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
18.13. Class Action Waiver :
You acknowledge and agree that any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. You expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or boohooMAN from participating in a classwide, collective, and/or representative settlement of claims as set out in Section 19.14.
The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against boohooMAN in a single proceeding, except that this Class Action Waiver shall not prevent you or boohooMAN from participating in a classwide, collective, and/or representative settlement of claims as set out in 19.14. If it is determined that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or boohooMAN.
18.14. Batching:
If 100 of more customers initiate Notices of dispute (including Informal Dispute Resolution) with boohooMAN raising similar claims within a 30 day period and counsel for the boohooMAN customers bringing the claims are the same, or coordinated with these customers, the claims shall proceed in arbitration in a coordinated proceeding. Counsel for You and counsel for boohooMAN shall each select 5 cases to proceed first in arbitration in a bellwether proceeding (“Bellwether Proceeding”). The remaining cases shall not be filed in arbitration until the first 10 have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Bellwether Proceeding, each side may select another 5 cases to proceed to arbitration for a second Bellwether Proceeding. This process may continue until the parties are able to resolve all of the claims either through settlement or arbitration. A court will have authority to enforce this clause and if necessary to enjoin the mass filing of arbitration demands against boohooMAN.
An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. If for some reason the prohibition on class arbitrations as set out above cannot be enforced as to all or part of the dispute then the agreement to arbitrate will not apply to that dispute or part of the dispute. If for any reason a claim proceeds in court rather than through arbitration, such as pursuant to Section 19.3. You and boohooMAN agree that there will not be a jury trial. You and boohooMAN unconditionally waive any right to trial by jury in any action, proceeding or counter claim arising out of or relating to this Arbitration Agreement in any way. In the event of litigation, this Section may be filed to show a written consent to a trial by the court.
30 day right to opt out.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to us at [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration agreement has no effect on any other arbitration agreements that you currently have or may enter into in the future with us. If the dispute is not covered by any arbitration agreement between You and Us it shall proceed in the Courts indicated in Section 18.11.
PURCHASING A GIFT CARD
You can purchase an e-gift card online here in the U.S. only and for use only by U.S. users. You can purchase up to five e-gift cards in any one transaction. E-gift cards cannot be purchased in conjunction with any other items on boohooman.com in the same transaction.
E-gift cards may be purchased and activated for a minimum value of $5 and a maximum value of $500. E-gift cards are only available in U.S. Dollars. Payment for e-gift cards is accepted by debit card, credit card and PayPal. You cannot purchase an e-gift card using another Gift Card.
Payment on www.boohoomangiftcards.com will be taken by a third party company, Stripe, and will show on your bank statement as “boohooMAN Gift Cards”.
19 INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BOOHOO.COM UK LTD, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO (I) YOUR VIOLATION OF THESE TERMS AND CONDITIONS, (II) PURCHASE OF OUR PRODUCTS, (III) ANY USE OF THE OUR SITE'S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS AND CONDITIONS, (IV) YOUR INFRINGEMENT OF ANY OF OUR INTELLECTUAL PROPERTY RIGHTS; (V) YOUR INFRINGEMENT OF ANY OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, DEFAMATION OF SUCH PERSON OR ENTITY, OR VIOLATIONS OF SUCH PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, (VI) YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY OWED TO BOOHOO.COM UK LIMITED, OR (V) ANY FALSE STATEMENTS OR CLAIMS MADE BY YOU IN ANY FORM ABOUT BOOHOO.COM UK LIMITED OR ABOUT ITS PRODUCTS OR SERVICES. NOTE THAT THE ARBITRATION PROVISIONS OF CLAUSE 19 DO NOT APPLY TO ANY INDEMNIFICATION CLAIMS OR ACTIONS BROUGHT AGAINST YOU BY US PURSUANT TO THIS CLAUSE.
20 CALIFORNIA PURCHASES.
The following is a notice to residents of California regarding Proposition 65: California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. WARNING: Some Products on our Online Store from time to time may contain chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm and may be included on the Prop 65 chemical list. If you need additional information to make your purchase of Products, please email us at: [email protected] and we will respond as soon as possible to provide you with the information we possess about the materials within our Products. For more information on Proposition 65, please visit here
21. T&C – MAN Gaming
Customers must have a boohooMAN account to play in the MAN Gaming Arcade and must be resident in the US
Full details on how to earn points are set out in the MAN Gaming FAQ’s . A maximum of 3000 points can be earnt each month. Customers may opt in to receive marketing emails whilst in the Man Gaming arcade, please our privacy notice to see how your data may be processed.
Points are exchanged in your local currency denomination, for example if you live in the US, 250 points will equal $2.50.
There is no expiry on any points that are earnt, however once you have cashed out your points, the voucher code will only be redeemable for a period of three months. Voucher codes will only be redeemable on the boohooMAN website and may not be combined or used with any other code offers. No cash alternative will be provided in exchange for points.
BoohooMAN reserves the right to alter the dates valid in this promotion at any time. Any points outstanding at the end of the promotion will not be redeemed. Additionally BoohooMAN reserves the right to prevent a customer from redeeming points if it is found or boohooMAN suspects that the customer is operating multiple accounts to collect points.
22 SMS.
22.1. You must expressly opt in to boohooMAN’s SMS messaging initiative (the “Initiative”) to receive Initiative messages.
By enrolling, you expressly consent and agree to receive recurring SMS and MMS messages from boohoo at the telephone number you provided including advertising, marketing, news, updates, and other information from or on behalf of boohooMAN. You acknowledge and agree that Initiative messages may be sent using a system that could qualify as an automatic telephone dialling system, another automated system for the selection and dialling of telephone numbers, or any other messaging technology. Your consent to participate in our Initiative is not required (directly or indirectly) as a condition of purchasing any property, goods, or services and it is not required to use our Site, App, or Services.
22.2. Message Frequency.
The frequency of Initiative messages may vary and we may change the frequency of the messages you receive at any time, including in response to your interactions with us. You agree we may send SMS/MMS text messages as often as needed.
22.3. Getting HELP.
For support or assistance, text the word HELP to the short code or number from which you currently are receiving our text messages or respond with the keyword HELP to any message you receive from our Initiative or you can email [email protected]
22.4. Opting Out.
You can opt out from receiving SMS/MMS text messages through our Initiative by responding with the keyword STOP to any message you receive from our Initiative, or you can text STOP to the short code or number from which you currently are receiving our text messages. You will receive one additional message confirming that your request has been processed. Please note that we may change any short code or telephone number we use to operate the Initiative at any time with notice to you.
22.5. Your Own Wireless Plan.
Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.
22.6. Your Duties for Your Own Phone Number.
If you enroll in the Initiative, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging Initiative. If you change or deactivate that number, you are responsible for notifying us immediately. The Initiative is offered on an “as-is”, “as-available” basis and may not be available in all areas or at all times and may not be supported by all wireless carriers. Neither we, our vendors and/or any other wireless carrier is liable for failed, delayed, misdirected, or undelivered messages.
22.7. Participation Subject to Termination or Change.
If you enroll in boohooMAN’s Initiative, we may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
