Terms & Conditions

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These are the legal terms and conditions under which we or Concessionaire Brands supply the products (“Products”) listed on our website www.us.boohoo.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. Using our site indicates that you accept these terms and conditions together with our Privacy Notice and Terms of Use , regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, our Privacy Notice or our Terms of Use do not use our site. 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 ARBITRATION 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 MEMBER 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.

1.1. Our site is operated by Boohooplc.com Inc (“Boohoo”, “we”, "us, or "our"). We are a company registered in the state of Delaware and with our registered office at First Park 283 Logistics Center, 2771 N. Market Street, Elizabethtown, PA 17022. Our email address is customerservices@boohoo.com

2.1. Where you place an order on our site for a Product sold by Boohoo, the Contract for the sale of the Product is between you and Boohoo.

2.2. Where you place an order on our site for a Product sold by a third-party seller (a "Concessionaire Brand"), DBZ Marketpalce US Inc, “Debenhams” acts as the Concessionaire Brand's commercial agent and not as principal. This means the Contract for the sale of such Products is made between you and the relevant Concessionaire Brand, on the terms and conditions set out in this document. Other than concluding sales as a commercial agent on the Concessionaire Brands’ behalf, Debenhams has no responsibility to you in respect of Contracts made with any Concessionaire Brands and all references in the remainder of these terms and conditions to "we", "us" or "our" shall be deemed to refer to the relevant Concessionaire Brand.

3.1. 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.

4.1. 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 (e.g.Klarna) used to pay for your order;

(c) you are resident in a country that we or a Concessionaire Brand is able to deliver to (please see our “Deliveries” page for further information; and

(d) you are not on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List.

5.1. 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 reason).

5.2. 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.

5.3. 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 Policy.

5.4. We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.

5.5. These Terms and Conditions, and any Contract between us, are only in the English language.

6.1 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.

6.2. 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 two failed attempts, 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 clause 10 will apply.

6.3. 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.

6.4. You will own the Products once We have received payment in full.

6.5. 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 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.

6.6. Working Days excludes Sunday and Bank Holidays and Saturdays for some Concessionaire Brands.

6.7. 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). If your tracking doesn’t confirm your order has been delivered please note you have 90 days from your last tracking event to contact us. We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.

6.8 We restrict or prohibit certain goods from our freight network to comply with applicable laws. Under this legislation, some goods used on a daily basis are classed as “dangerous goods”, including many beauty items and items containing alcohol (such as perfumes).

6.9 Standard delivery and Express delivery are both subject to placing your order before 11:59pm UTC. Next day delivery is not available. Express Delivery excludes all Concessionaire Brands. 

6.10. Delivery times and costs may be increased where the Products are shipped outside the United States. In addition, if you order Products from us for delivery to a destination outside the United States:

6.10.1. your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. You will be responsible for payment of any such import duties and taxes. We will not be liable or responsible if you do not pay any such import duties or taxes; and

6.10.2. 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.

7.1. The price payable for the Products shall be as shown on our site in pounds in United States Dollars (USD), 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. 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 taxing authorities.

7.2. 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 tax changes after the date of your order, We will adjust the rate of tax you pay unless you have already paid for the Products in full before the change in tax takes effect.

7.3. We accept payment by debit card or credit card and Klarna. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.

7.4. 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 pay using Klarna, such payment will subject to additional terms between you and Klarna, available at https://www.klarna.com/us/. For more information about how Klarna will handle your personal data see their Privacy Policy, available at https://www.klarna.com/international/privacy-policy/.

7.5. 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.

7.6. Your liability to pay for the Product is satisfied once boohoo PL has received your payment in full in accordance with clause 7.4 above, irrespective of whether the Product is sold by Boohooplc.com Inc or a Concessionaire Brand. Boohooplc.com Inc is entitled to use the proceeds of your payment at its absolute discretion, to the extent that such use will have no effect on the satisfaction of your liability in relation to your purchase of the Product.

7.7. Official Boohoo promotion codes entitle you to an offer on your online order from www.us.boohoo.com If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and cannot be used in conjunction with any other promotion or offer. Additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired. There is no cash alternative. Promotion codes and related offers are not open to employees of Boohoo.com or its affiliates, and we reserve the right to withdraw them and refuse or restrict any order at any time.

7.8 Our percentage off promotions, discounts, or sale markdowns are customarily based on our own opinion of the value of this product or refer to the manufacturer’s suggested retail price, which is not intended to reflect a former price at which this product has sold in the recent past. This amount represents our opinion or the manufacturer’s opinion of the full retail value of this product today based on our own assessment after considering a number of factors or the manufacturer’s assessment. That’s why before checking out, it’s important you acknowledge that you understand this.

8.1. You may wish to return an item using our returns service. The process for returning your Products is dependent on whether the individual item was supplied by Debenhams or by a Concession Brand. For further information on returns please see our Returns Policy .

8.2. A returns charge per parcel will be deducted from your refund amount.

8.3. All returns are quality checked. Items should be returned in a new and unused condition with labels attached and wherever possible sent back in the original packaging. Refunds will not be given if they do not comply with our returns policy. • Items must be returned within 14 days of receipt. • Items must be unworn, unwashed and unused with the original labels still attached. • Pierced jewellery cannot be returned for health and hygiene reasons, unless in a sealed and unopened packet. • Underwear and swimwear can only be returned if the hygiene seal has not been removed. • Beauty products, accessories and fashion facemasks cannot be returned for hygiene reasons. • Shoes must be tried on indoors.

8.4. If you choose to return via any method other than one of our chosen carriers, you will remain responsible for the item(s), including any loss or damage, until we receive.

8.5. 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 that do not comply with Our Returns Policy, 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.

8.6. If you receive faulty goods, you may also have a right to return these goods and to ask us to repair or replace them or get a refund. 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.

8.7. You may also have additional rights to terminate the Contract under applicable consumer laws.

8.6. Our liability to pay for the Product is satisfied once Boohoo has received your payment in full in accordance with clause 8.4 above, irrespective of whether the Product is sold by Boohoo or the Concessionaire Brand. Boohoo is entitled to use the proceeds of your payment at its absolute discretion, to the extent that such use will have no effect on the satisfaction of your liability in relation to your purchase of the Product.

8.7. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process.Up to five voucher codes can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.

9.1. 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; (c) you do not, within a reasonable time, allow us to deliver the Products to you; or (d) if the Products you have ordered are no longer available. 9.2. We may also end the Contract in the circumstances set out in clause 6.2 or clause 7.5. 9.3. If we end the Contract in any of the situations set out in clause 9.1, 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 you breaking the Contract.

10.1. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.

10.2. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purpose. We do not have any liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption of business or loss of business opportunity, indirect or consequential loss or damage, and will not provide tax invoices for your purchases. If you are not a consumer, you must obtain our prior written consent to purchase Products from Our Site.

10.3. 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.

10.4. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which we may not exclude or limit our liability under any applicable law.

10.5. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT, SHALL DEBENHAMS, 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

11.2. 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.

12.1. 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.

##13. AFTER-SALES SERVICE 13.1. You can contact us with any questions, comments, requests or complaints regarding these terms and conditions of sale or our Products, by addressing them to customerservices@boohoo.com

##14. OTHER IMPORTANT TERMS 14.1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.

14.2. We may change 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.

14.3. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

14.4. You may only transfer your rights or your obligations under these terms and conditions or the Contract to another person if we agree in writing.

14.5. If we have to contact you, we will do so 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. When we refer in these terms and conditions to “in writing”, this includes e-mail.

14.6. Where the Contract relates to Products sold by a Concessionaire Brand, the Contract is between you and the relevant Concessionaire Brand. Alternatively, where the Contract relates to Products sold by Debenhams, the Contract is between you and Debenhams. No other person shall have any rights to enforce any of its terms.

14.7. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.8. 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.

##15. INDEMNIFICATION YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DEBENHAMS, 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 DEBENHAMS, OR (V) ANY FALSE STATEMENTS OR CLAIMS MADE BY YOU IN ANY FORM ABOUT DEBENHAMS OR ABOUT ITS PRODUCTS OR SERVICES. NOTE THAT THE ARBITRATION PROVISIONS OF CLAUSE 17 DO NOT APPLY TO ANY INDEMNIFICATION CLAIMS OR ACTIONS BROUGHT AGAINST YOU BY US PURSUANT TO THIS CLAUSE. 16.CALIFORNIA PURCHASES (CUSTOMERS IN CALIFORNIA ONLY) 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: customerservices@boohoo.com 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

##17. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER 17.1. 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.

17.2. Agreement to Binding Arbitration FOR RESIDENTS OF THE UNITED STATES AND CONTRACTS FOR PRODUCTS SHIPPED TO THE UNITED STATES, YOU AND DEBENHAMS 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“).

17.3. Exceptions to Arbitration Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Debenhams 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 Clause shall solely be decided by a court and not by an arbitrator or via arbitration.

17.4. Jury Trial & Class Action Waiver YOU AND DEBENHAMS 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 DEBENHAMS 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 17.12. Notwithstanding the above if any arbitrator determines that any term in paragraph 17.4 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.

17.5. 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 Clause 17. If the FAA is found not to apply to any issue that arises under this clause or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of New York. 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.

17.6. Informal Dispute Resolution You and Debenhams agree to try and resolve any dispute informally before resorting to arbitration. You and Debenhams 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 Debenhams that you intend to initiate an Informal Dispute Resolution Conference should be sent via email to legal@debenhams.com 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 clause.

17.7. 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 Debenhams, 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. Debenhams 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 Debenhams at Debenhams, c/o Legal Team, 49/51 Dale Street, Manchester, M1 2HF England, and Debenhams will send such copy to the current billing address or email address on your account or to your counsel, if you so instruct.

17.8. Fees You will pay the individual portion of the arbitration filing fee specified in the rules of the AAA. Debenhams will pay the business portion of the required filing fees, and all administration and arbitrator fees (collectively, your and Debenhams’s fees, “Arbitration Fees“).

17.9. 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.

17.10. 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. Debenhams shall have the right to seek attorneys’ fees and costs in arbitration for claims deemed frivolous by the arbitrator. If Debenhams makes an offer of judgment not less than 10 days prior to the arbitration, if an arbitrator’s monetary award against Debenhams does not match or exceed Debenhams’s offer, you agree to pay Debenhams’s legal fees and expenses for the arbitration.

17.11. Choice of Law, Forum Selection, & Jury Waiver Except as set forth in this Clause 17, 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 Debenhams 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 Debenhams both waive your right to a jury trial, unless such waiver is unenforceable. The choice-of-law and forum-selection provisions in this clause do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement clause. Instead, as provided in the Arbitration Agreement clause, the FAA shall apply to any such disputes.

17.12. The choice-of-law and forum-selection provisions in this clause do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement clause. Instead, as provided in the Arbitration Agreement clause, the FAA shall apply to any such disputes.

17.13. 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 Debenhams from participating in a classwide, collective, and/or representative settlement of claims as set out in Clause 17.14. 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 Debenhams in a single proceeding, except that this Class Action Waiver shall not prevent you or Debenhams from participating in a classwide, collective, and/or representative settlement of claims as set out in 17.14. 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 Debenhams.

17.14. Batching: If 100 of more customers initiate Notices of dispute (including Informal Dispute Resolution) with Debenhams raising similar claims within a 30 day period and counsel for the Debenhams 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 Debenhams 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 Debenhams. 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 Clause 17.3. You and Debenhams agree that there will not be a jury trial. You and Debenhams 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 Clause may be filed to show a written consent to a trial by the court.

17.15. 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 legal@debenhamsgroup.com 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 Clause 17.11.

##18. Pricing Policy 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