Terms & Conditions
IMPORTANT LEGAL NOTICE
1. INFORMATION ABOUT US
- www.boohoo.com is operated by Boohoo.com UK Limited (“We”). 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@example.com.
2. SERVICE AVAILABILITY
- 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.
3. YOUR STATUS
By placing an order through our site, you warrant that:
- You may only purchase Products from us if:
- 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);
- you are an authorised user of the credit or debit card or payment account (ie Paypal, Afterpay or Laybuy) 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).
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 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).
- Prices of all Products must be paid in advance. For this reason, your order will be executed if it is pre-paid. 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. When the payment is recived in full amount, we will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch (“Dispatch Confirmation”) at which point the contract between us ("Contract") will be formed. These Terms & Conditions, your order and the Dispatch Confirmation constitute integral and essential parts of the Contract.
- You have the right to cancel your order at any time prior to the delivery and within the limited return period after the delivery as specified in these terms. If you cancel the order before the delivery, you must compensate our expenses incurred by us in connection with our activities at performance of your order. For technical reasons it may be too late to recall a delivery after you cancel the Order. If this is the case, we will give you notice. You should then receive the delivery and send it back to us at our expense in accordance with clause 11. Please do not open the delivery pack.
- We offer you to buy a Product at any time unless the information about this Product is removed from our site or the relevant Product page becomes unavailable.
- From time to time we may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements. If these changes touch upon the product description or other mandatory information to be provided to you under the applicable laws, we will update our site immediately. If it appears necessary to make such changes to an ordered Prod-uct, we will inform you prior to the delivery and you will have the right to cancel the order and receive the refund with-out any deductions.
- These terms and conditions, and any Contract between us, are bilingual (English and Russian). In case of a discrepancy between English and Russian texts, the English text will prevail. 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.
- The Dispatch Confirmation is a confidential document. You must not disclose it to anyone except for the case specified in clause 5.4 of these terms and other cases that may be prescribed by any applicable laws. If you disclose the Dispatch Confirmation to anyone without a valid reason, you must be solely responsible for any possible fraudu-lent or hacking actions committed with the Dispatch Confirmation.
- We offer you the delivery options at our “Deliveries” page here. The delivery info is also provided on Product pages in our catalogue. You may choose the available delivery option that suits you best. The options may vary depending on the delivery address.
- Please be aware that we may use third party delivery services.
- Your order will be fulfilled 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.
- You should choose the delivery address and specify it in your order. You should receive the ordered Products personal-ly. If you are unable to do so, the Products may be delivered to another person at your address (usually, one of your family members). The Products will be given to them against the Dispatch Confirmation unless the postal rules or other applicable delivery rules state otherwise. 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.
- Delivery of your order will be completed when We deliver the Products as described in clause 5.4 above. They will be your responsibility from that time.
- You will own the Products once We have received payment in full.
- 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. INTERNATIONAL DELIVERY
- Save for the above, if you order Products from us for delivery to a destination outside the UK:
- 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 country for which the Products are destined. We will not be liable or responsible if you break any such law; and
- 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
- The price payable for the Products shall be as shown on our site in pounds sterling (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.
- 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.
- We accept payment by debit card, credit card, or Paypal, Afterpay or Laybuy (not available on App) (if you are making a purchase on the au.boohoo.com website for delivery to an address in Australia). We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
- 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.
- 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 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.
8. YOUR RIGHT TO CANCEL THE CONTRACT (EEA CUSTOMERS ONLY)
- If you are a consumer in the European Economic Area (“EEA”), 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 Products, 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 delivery.
- If you wish to cancel a Contract under clause 8.1, you just need to communicate this to us within the timescale set out in clause 8.1. The easiest way to do this is to contact us by email at firstname.lastname@example.org or by post at boohoo, PO Box 553, Burnley, BB1 9GD.You may use a copy of the cancellation form available here, but you are not required to do so.
- The right to cancel a Contract under clause 8.1 does not apply to cosmetics, pierced jewellery, underwear or swimwear if the hygiene seal is not in place or has been broken.
- If you cancel a Contract under clause 8.1 after the Products have been dispatched to you, you must return them to us. You must send off the Products within 14 days of telling us that you wish to cancel the Contract. We will pay the costs of your returns if you use our free returns service in accordance with the Returns Policy here, but if you do not use this service in accordance with our instructions then you will be responsible for the cost of returning Products to us. Please see our Returns Policy here for further information about how to return Products to us.
9. RETURNS (EEA CUSTOMERS ONLY)
- 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.
10. YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)
- If you are a consumer in the EEA and you cancel your Contract under clause 8.1, We will:
- refund you the price you paid for the Products. However, please note that We may reduce 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
- refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method We offer to your delivery destination; and
- make any refunds due to you by the method you used for payment:
- 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
- 14 days after you inform us of your decision to cancel the Contract
- Please see our Returns Policy here for more information about returns and refunds.
11. RETURN AND REFUND FOR RUSSIAN CUSTOMERS ONLY
- If you are a consumer in Russia, you have a legal right to refuse an order (that will also entail the cancellation of a Contract) if you change your mind within 7 days after you receive (or someone you nominate receives) the Products of good quality.
- If you wish to cancel a Contract under clause 11.1 above, you just need to communicate this to us within the timescale set out in clause 11.1 by email at email@example.com or by post at boohoo, PO Box 553, Burnley, BB1 9GD. You may use a copy of the cancellation form available here, but you are not required to do so.
- The right to refuse an order under clause 11.1 of these terms does not apply to the following Products:
- Wearing apparel and knitwear (various types of lingerie, socks and stockings);
- Textiles (cotton, flax, silk, wool and synthetic fabrics, goods produced from nonwoven materials, e.g., tapes, ribbons, laces, etc.);
- Personal hygiene Products (combs, hairgrips, hair curlers, wigs, etc.);
- Perfume and cosmetics;
- Household chemical Products;
- Jewelry and other Products made of precious metal and/or precious stones;
- Watches with two or more functions;
- Unique Products designed in a way that only you can use it; and
- Other Products as prescribed by the laws applicable in the consumer’s place of residence.
- If you cancel a Contract under clause 11.1 of these terms after the Products have been dispatched to you, you must return them to us. You must send off the Products within 14 days of telling us that you wish to cancel the Contract. We will pay the costs of your returns if you use our free returns service in accordance with the Returns Policy here (if appli-cable in Russia at the time of refusing an order), but if you do not use this service in accordance with our instructions then you will be responsible for the cost of returning Products to us. Please see our Returns Policy here for further in-formation about how to return Products to us.
- If you do not wish to use our Returns Policy or the Returns Policy does not apply to Russia at the time of refusing an order, you must return the Products in person, by post or by a courier service at your own expense. If you request that We organise the return of the Products in a way not specified in the Returns Policy, then our expenses may be deducted from your refund.
- Please send the Products to boohoo.com, PO Box 553, Burnley, BB1 9GD.
- You must ensure that you return the Products in a marketable condition and with duly consumer performance. You must also attach the order and the Dispatch Confirmation confirming the Conclusion of the Contract in respect of the Products. Otherwise, We may not accept the return.
- We will refund you the total amount you paid under the Contract including the prices of the Products and the delivery costs. However, please note that We may reduce your refund to reflect our expenses for the return of the Products from you to us (if any such expenses occurred). Please send a refund request to firstname.lastname@example.org. The refund will be carried out within 10 days from the day when We receive your request.
- By placing an order, you give us consent to refund (if it appears necessary) by crediting the relevant amount of money to your bank account. As an alternative, you may refund in cash in our office (clause 11.2 above).
12. FAULTY PRODUCTS
- 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.
- If you consider that any Product We have supplied is faulty, defective or mis-described, please notify us using the contact details set out in clause 8.2.You must return such Products to us in accordance with our reasonable instructions and the Returns Policy here, and if the Products are faulty, defective or mis-described We will refund the price of the Products and the cost of delivery to you. As an alternative, you may choose either of the following options in respect of the defective Products:
- Request for the repair free of charge or compensate your costs if you assign the repair to a third party; or
- Discount from the prices of the defective Products in the amount adequate to the defects; or
- Change with the same or similar models and recalculate their prices (if necessary). In case of technically com-plex Products (e.g. watches with two or more functions), this option is available only for material defects.
- Save for the above, you should have the right to compensate your losses arising out of selling you the defective Products.
- 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.
13. OUR RIGHTS TO CANCEL THE CONTRACT
- If you do not make any payment in full to us when it is due;, we consider this Contract as terminated at your initiative.
- We may end the Contract by writing to you if you do not, within a reasonable time, allow us to deliver the Products to you.
- If We end the Contract is ended in any of the situations set out in this 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 costslosses We will incur as a result of your breaking the Contract.
14. OUR LIABILITY
- If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer
- We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
- 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.
15. EVENTS OUTSIDE OUR CONTROL
- 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 Control. An Event Outside Our Control means any act, event, omission or accident that are of emergency nature, unavoidable, and beyond our reasonable control.
- 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.
- You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact us using the details set out in clause 8.2.
16. INTELLECTUAL PROPERTY RIGHTS
- All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
17. OTHER IMPORTANT TERMS
- 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.
- 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. When We refer in these terms and conditions to “in writing”, this includes e-mail.
- 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.
- By placing an order, you agree that We may transfer our rights and obligations under the Contract to another organisation and you give us a permission to do so. 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 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.
- 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.
- 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.
- Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
- In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of England and Wales.
18. AFTER-SALES SERVICE
- Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com.
- If you have any complaints these should be addressed in writing to boohoo by email to firstname.lastname@example.org or by post, boooho, PO Box 553, BURNLEY, BB11 9GD.
- If you are not satisfied with how We have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found here.
PROMOTION TERMS AND CONDITIONS
Official boohoo promotion codes entitle you to an offer on your online order from www.boohoo.com. To utilise 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. Items from the Premium & Zendaya Collection are excluded from all promotions. 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 boohoo.com for payments made by residents of the United Kingdom and Ireland in Sterling, where enabled, Euros, US or Australian dollars. Payment by Euros, US or Australian dollars can be enabled by selecting the appropriate flag in the dropdown currency selection menu in the top right-hand corner on the homepage.
GIFT VOUCHERS TERMS AND CONDITIONS
- Gift certificates are not currently available for purchase, if you have an existing gift certificate this can still be redeemed onsite by entering the voucher that was sent to you via email at checkout.
- You cannot purchase an Online Gift Certificate with another Gift Certificate
- If the amount of your Online Gift Certificate(s) does NOT cover the total order amount, you will need to pay the remainder of the purchase
- If the amount of your Online Gift Certificate(s) is for MORE than the total order amount, the balance will be stored with your boohoo.com account for your next purchase using the same Gift Certificate code.
- If you have any additional questions, please contact our Customer Service team
- Online Gift Certificates are non-transferable, non-refundable and are not redeemable for cash
- We cannot replace lost or stolen Online Gift Certificates.
TERMS AND CONDITIONS RELATING TO BOOHOO CARE PACKAGE GIVEAWAY COMPETITION
The promoter of Boohoo Care Package Giveaway ("Prize Draw") is Boohoo.com UK Limited of 49/51 Dale Street, Manchester M1 2HF ("Promoter").
1.1. This Prize Draw is open to individuals Australia aged over 18 years or over, except for employees of the Promoter, their immediate family, sponsors of the Prize Draw and their employees who are directly associated with the administration of the Prize Draw.
1.2. Individuals who are under the age of 18 must have the consent of a parent or guardian over 18 to enter the Prize Draw. The Promoter reserves the right to obtain proof of such consent and to refuse entry or to choose another winner if such proof, where requested, has not been given.
1.3. All Entries by the entrant must be submitted via @boohooau Instagram
2. The Competition
2.1. The title of the competition is boohoo Care Package Giveaway
How to enter
To enter the Prize Draw entrants must:
3.1. To enter the Prize Draw entrants must:
3.1.1. Visit and “follow” @boohooau Instagram account;
3.1.2. “Like” the Instagram post relating to the Competition;
3.1.3. “Comment” your favourite emoji in comments section of the Competition Instagram post for the chance to win 1 of 5 Care Packages (“Entry” or “Entries”).
3.2. Entries must be made between 00:01am (GMT+10) on 07/04/2020 and 11:59 (GMT+10) on 12/04/2020 ("Prize Draw Period") to be valid.
3.3. Entries received after the end of the Prize Draw Period will not be valid.
3.4. No bulk, third party or automated entries are permitted.
3.5. All entrants (including the winner) must comply with any reasonable directions given to him or her by the Promoter in connection with the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
4. Winner selection and contact
4.1. The winners of the Prize Draw will be announced on @boohooau Instagram on 14/04/2020 (“Announcement Date”).
4.2. This Competition is a game of skill. An independent panel of judges (“Judges”) employed by the Promoter will select one winner at the end of the Prize Draw Period based the following judging criteria:
- Creativity (25%)
- Originality (25%)
- Execution (25%)
- Alignment with the competition (25%)
4.3. The Judges shall have the absolute discretion to choose the winning Entry and the Judges’ decision shall be final. No correspondence will be entered into in respect of any decision made in connection with this Prize Draw.
4.4. The Promoter will contact the winner personally as soon as practicable after the Announcement Date, by tagging the winner in the competition post from the Promotor’s @boohooau Instagram account (“Winner”). The Promoter will ask the Winner to provide further details in relation to the Prize (the “Details”).The Winner must provide the Details in order to claim the Prize.
4.5. If any Winner fails to provide their Details to the Promoter within 48 hours of the Promoter contacting the winner and asking them to provide the Details in accordance with clause 4.4 then the Promoter acting in its absolute discretion may:
4.5.1. make further attempts to contact that Winner; and/or
4.5.2. withdraw the Prize from that Winner.
4.6. If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter, the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a new Winner in accordance with clause 4.2.
5.1. The prize is one boohoo care package comprising of a random mixed selection of boohoo clothing products and sponsored beauty products ($200 minimum value of products) ("Prize").
5.2. The Prize is subject to availability.
5.3. The Prize is non-transferable and non-refundable and the Winners cannot request any alternative prize (cash or otherwise).
5.4. There will be 5 winners announced.
6. Winner publicity
6.1. The Promoter reserves the right to publish each Winner's name and Entry on the Promoter’s official social media accounts, including Twitter, Instagram and Facebook and on its website found at www.boohoo.com.
6.2. By entering the Prize Draw, if you are a Winner you agree to your Entry being published in accordance with clause 6.1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.
7. Entry requirements
7.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Prize Draw or Promoter into disrepute will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.
7.2. The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its Twitter or Instagram pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.
8. Use and display of Entries and copyright
8.1. The copyright subsisting in the Entry must belong to the entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries. If an Entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.
8.2. By submitting an Entry:
8.2.1. you licence and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s website, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;
8.2.2. you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
9.1. Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for:
9.1.1. any Prize that is not redeemed;
9.1.2. any personal property;
9.1.3. any loss of enjoyment or wasted expenditure;
9.1.4. any system failures or malfunctions of any third party websites;
9.1.5. any incomplete, lost, delayed or late Entries;
9.1.6. any failure to fulfil obligations of any third parties involved in this Prize Draw;
9.1.7. any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw howsoever arising from participating in the Prize Draw;
9.1.8. communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Prize Draw;
9.1.9. inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
9.1.10. any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
9.1.11. if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorised intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or
9.1.12. any other matter outside of their reasonable control.
9.2. Nothing in these Terms and Conditions affects your statutory rights.
9.3. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
9.4. The Winners agree to indemnify and keep indemnified the Promoter, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
9.4.1. their Entry into this Prize Draw; and/or
9.4.2. their receipt and use of any Prize.
10.1. The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter through its Instagram accounts.
10.2. By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your Entry.
10.3. Any person who provides their Details to the Promoter in connection with this Prize Draw accepts:
10.3.1. these Terms and Conditions; and
10.3.2. the use of their personal data by the Promoter:
10.3.2.1. for the purpose of administration of the Prize Draw (including publishing the names of the Winners and any administration relating to the Prize); and
10.3.2.2. any other purpose for which they have consented.
10.5. Without prejudice to clause 7.1, the Promoter reserves the right to exclude any Entry from the Prize Draw if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
10.6. No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
10.7. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
10.8. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
10.9. No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
10.10. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.11. For the names of the Winner or for a copy of these Terms and Conditions please send a stamped addressed envelope together with your written request to boohoo Care Package Giveaway Competition, Boohoo Marketing, 302 Bourke Street, Surry Hills, Sydney 2010.
10.12. The Prize Draw, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Prize Draw or these terms.