These are the legal terms and conditions under which we supply the products (“Products“) listed on our website
us.boohoo.com (“Our Site”) to You. Please read these terms and conditions (“Terms & Conditions of Sale“) carefully
before ordering any Products from Our Site. By placing an order to purchase any of our Products, you accept and
hereand Returns Policy here (collectively, the
“Terms and Conditions“), 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, what to do if there is a problem, and other important
information. If you live in the United States, please read this carefully.
BY USING THE SERVICES YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU SHOULD NOT PLACE AN ORDER ON
OUR SITE. THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRAION CLAUSE, A CLASS ACTION WAIVER AND JURY TRIAL
WAIVER CLAUSE THAT IMPACT YOUR RIGHTS IN RESPECT OF HOW TO RESOLVE DISPUTES. UNLESS YOU OPT OUT OF THE AGREEMENT TO
ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON
AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMEBR IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU
WAIVE YOUR RIGHT TO PARTICPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR
RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
- us.boohoo.com is operated by boohoo.com UK Limited (“boohoo,“ “we,“ “us,“ or “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].
3.1 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 colors 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 colors of the Products that will be delivered to you. The Products
may vary slightly from these images.
3.2 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.
3.3 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.
3.4 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. We do not sell Products to children, but sell them to
adults over 18 years old, who can purchase products with a credit card, debit card, or other payment
4.1 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.
4.2 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
4.3 We may make changes to these Terms and Conditions from time to time. The Terms and Conditions
that apply to your Contract (as defined in Section 6.2) will be those that are displayed on Our Site
when you place your order.
5.1 You may only purchase Products from us if:
- you are over 18 years of age and legally capable of entering into a binding contract with us;
- you are an authorized user of the credit or debit card or payment account (i.e., Paypal or Klarna)
used to pay for your order; and,
- are resident in a country that we deliver to (please see our “Deliveries” page here
for further information).
6.1 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 or that a contract has been formed between you and
us. All orders are subject to availability and acceptance by us (which we may refuse for any
6.2 After you submit your order, we immediately contact your bank or card issuer for authorization 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 (“Dispatch
Confirmation“) confirming the Product is being processed ready for dispatch at which point the contract
between you and us (“Contract“) will be formed.
6.3 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 our Returns Policy here
6.4 From time to time we may make minor changes to a Product to reflect changes in relevant laws and
regulatory requirements. If these changes change the product description or other mandatory information
to be provided to you under the applicable laws, we will update Our Site.
6.5 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.
7.1 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.
7.2 If no one is available at your address to take delivery and the Products cannot be posted through
your mailbox or left in a safe place and/or if you do not collect the Products from an address notified
to you by our carrier within the time period notified to you by our carrier at the time delivery is
attempted, we may end the Contract and Section 10 will apply.
7.3 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.
7.4 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, then alternative terms will apply to you, further information
on this is set out in Section 8 below.
7.5 Please note zipcode and/or postcode restrictions apply. Delivery times and costs may be increased
where the Products are shipped outside the United States.
7.6 In addition, if you order Products from us for delivery to a destination outside the United States:
- 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;
- you must comply with all applicable laws and regulations of the United States and any country for
which the Products are destined. We will not be liable or responsible if you break any such law; and
- please see our Returns Policy here for details on returning any Products to us from a destination
outside the United States.
8.1 The price payable for the Products shall be as shown on Our Site in United States Dollars (USD),
although please see Section 8.7 below for what happens if we discover an error in the price of any
Product you order.
8.2 If you are viewing Our Site from the UK or a country in the EU, the Product prices advertised on
Our Site for Products located in the EU are inclusive of the UK VAT at the relevant rate chargeable for
the time being. Additional delivery charges (which will include UK VAT charged by us) will vary
depending on the Products you ordered and your delivery address and are shown separately during the
8.3 We reserve the right to change the prices on Our Site at any time without notice, but changes will
not affect orders which we have already accepted. However, if applicable, 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.
8.4 Taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled
from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated
based on the applicable state and local sales taxes when your order is shipped. We do not collect sales
or use taxes in all states. For states imposing sales or use taxes, your purchase may be subject to use
tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is
made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax
return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax
on those purchases. Details of how to report these taxes may be found at the websites of your respective
8.5 We accept payment by debit card, credit card, Apple Pay (iOS only), PayPal, and Klarna. We accept
the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
8.6 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 authorization to take payment from your
account. If you pay using any third-party service provider, such payments are subject to the third-party
service provider’s terms and conditions. If you pay using Klarna, such payment will subject to
additional terms between you and Klarna, available at www.klarna.com/us/terms-of-use/.See
www.klarna.com/us/customer-service/csc/about-klarna/ for further information about Klarna. For
8.7 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 recognized 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.
8.8 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.
8.9 Our percentage off promotions, discounts, or sale markdowns are customarily based on our own opinion
of the value of this product, which is not intended to reflect a former price at which this product has
sold in the recent past. This amount represents our opinion of the full retail value of this product
today based on our own assessment after considering a number of factors. That’s why before checking out,
it’s important you acknowledge that you understand this.
9.1 Please see our Returns Policy here for more information about returns, refunds, and cancellations.
9.2 You may also have additional rights to terminate Contract under applicable consumer laws.
10.1 We may end the Contract at any time by writing to you if:
10.2 We may also end the Contract in the circumstances set out in Section 8.7.
10.3 If we end the Contract in any of the situations set out in Section 10.1 or 10.2, 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
- you do not make any payment to us when it is due;
- 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
- you do not, within a reasonable time, allow us to deliver the Products to you, or you are
unavailable to receive delivery.
- if the Products you have ordered are no longer available.
- You have 14 days to return your items starting from the day you receive your order. This returns
period starts from the date you receive your order. For further information on returns please see
our Returns Policy.
12.1 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.
12.2 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
13.1 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
(hereinafter referred to as an “Event Outside Our Control“).
13.2 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
- strikes, lock-outs or other industrial action.
- epidemic or pandemic or government actions arising from such epidemic or pandemic.
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war.
- fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public
or private transport.
- impossibility of the use of public or private telecommunications networks.
- the acts, decrees, legislation, regulations or restrictions of any government.
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.
15.1 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.
Official boohoo promotion codes entitle you to an offer on your online order from www.boohoo.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 boohoo.com and we reserve the right to withdraw them and refuse or restrict any order
at any time. Promotion codes are only valid on us.boohoo.com for payments made by residents of the
By purchasing, using, or accepting a boohoo e-gift card (e-gift card) (“Gift Card“), you agree to enter
into a contract with boohoo and to be bound by these Gift Cards Terms and Conditions (“Terms and “)
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
“boohoo / 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
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 boohoo.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
boohoo do 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 boohoo.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
Card to make a purchase at boohoo.com must agree to these Terms and Conditions and to our website Terms
boohoo’s affiliate brands, including boohooman, 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.
LIMITATIONS ON USE
Your Gift Card balance cannot be used to purchase other Gift Cards, prepaid open loop cards, or any
third-party gift cards. Gift Cards cannot be reloaded, resold, used for payment outside of boohoo.com in
the U.S., redeemed for more than face value, transferred for value, redeemed for cash, returned for a
cash refund (expect to the extent required by law), used in any way that is unlawful or fraudulent, or
used in a manner prohibited by our Terms and Conditions. Also, Gift Cards may not be applied to the
purchase of goods or services at any store or property outside of the United States
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
Your e-gift card balance can be checked online here
RETURNING ITEMS PURCHASED WITH AN E-GIFT CARD
If you or the designated recipient of the 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
Gift Card (for any purchase amount originally taken from your Gift Card), or refunded to the other
prescribed payment method used to pay us (for any purchase amount originally taken from another
prescribed payment method other than the Gift Card).
CORRUPTED, DELETED, LOST, STOLEN, DESTROYED, DAMAGED OR USED GIFT CARDS
boohoo 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.
boohoo 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.
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.
Any dispute or claim relating in any way to our Gift Cards shall be resolved by the dispute resolution
provisions in Section 19 herein.
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
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]
18.1 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.
18.2 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
18.3 You may only transfer your rights or your obligations under these Terms and Conditions to another
person if we agree in writing.
18.4 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.
18.5 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.
18.6 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.
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 boohoo.com UK Limited 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..
19.1. 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.
19.2. Agreement to Binding Arbitration
FOR RESIDENTS OF THE UNITED STATES AND CONTRACTS FOR PRODUCTS SHIPPED TO THE UNITED STATES, YOU AND
BOOHOO 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“).
19.3. Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or boohoo 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.
19.4. Jury Trial & Class Action Waiver
YOU AND BOOHOO 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 BOOHOO 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 19.12.
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.
19.5. 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
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.
19.6. Informal Dispute Resolution
You and boohoo agree to try and resolve any dispute informally before resorting to arbitration. You and
boohoo 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 boohoo 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.
19.7. 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. boohoo 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
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 boohoo 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.
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 boohoo’s fees, “Arbitration Fees“).
19.9. 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.
19.10. 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. boohoo shall have the right
to seek attorneys’ fees and costs in arbitration for claims deemed frivolous by the arbitrator. If
boohoo makes an offer of judgment not less than 10 days prior to the arbitration, if an arbitrator’s
monetary award against boohoo does not match or exceed boohoo’s offer, you agree to pay boohoo’s legal
fees and expenses for the arbitration.
19.11. 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 boohoo 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 boohoo 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
19.12. 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
19.13. 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 boohoo 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 boohoo in a single proceeding, except that
this Class Action Waiver shall not prevent you or boohoo 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 boohoo.
If 100 of more customers initiate Notices of dispute (including Informal Dispute Resolution) with boohoo
raising similar claims within a 30 day period and counsel for the boohoo 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 boohoo 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
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
If for any reason a claim proceeds in court rather than through arbitration, such as pursuant to Section
19.3. You and boohoo agree that there will not be a jury trial. You and boohoo 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.
19.15 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 [insert email address] 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 19.11.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BOOHOO.COM 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.
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 https://oehha.ca.gov/proposition-65