Terms & Conditions
Welcome to Nasty Gal! Please note all terms and conditions apply to anyone who has purchased on or after the February 28th, 2017.
IMPORTANT LEGAL NOTICE
NASTYGAL.COM TERMS AND CONDITIONS OF SALE
These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.nastygal.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site.
1. INFORMATION ABOUT US
1. www.nastygal.com is operated by Nasty Gal Limited (“We”). We are a company registered in England and Wales under company number 10487954 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].
2. SERVICE AVAILABILITY1. 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 STATUS1. You may only purchase Products from us if:
a) you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);
b) you are an authorised user of the credit or debit card or payment account (ie Paypal, Afterpay or Laybuy) used to pay for your order; and,
c) are resident in a country that We deliver to (please see our “Deliveries” page here for further information).
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
2. After you submit your order, We immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If We accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.
3. As soon as you place your order, We start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 8 of these terms and conditions or under our Returns Policy.
4. From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
5. These terms and conditions, and any Contract between us, are only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
5. DELIVERY1. 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.
2. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, We may end the Contract and clause 13 will apply.
3. Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.
4. You will own the Products once We have received payment in full.
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. Business Days excludes weekends and Bank Holidays.
7. If you wish to dispute delivery of your order, you have 28 days starting from the day that the tracking status for you order is updated by the carrier as fulfilled (i.e. updated as delivered to the address set out in the Dispatch Confirmation). We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.
6. INTERNATIONAL DELIVERY1. If you order Products from us for delivery to a destination outside the UK:
a) your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
b) you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and
c) if you return any Products to us from a destination outside the UK, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.
7. PRICE AND PAYMENT1. The price payable for the Products shall be as shown on our site in Australian Dollars, although please see clauses 7.5 and 7.6 for what happens if We discover an error in the price of any Product you order. Prices advertised on our site include UK VAT at the relevant rate chargeable for the time being, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
3. We accept payment by debit card, credit card, Paypal, Afterpay, Laybuy or Klarna (if you are making a purchase on the nastygal.com/au website for delivery to an address in Australia). We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
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.
6. 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)1. 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.
2. 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 [email protected] or by post at Nasty Gal, 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.
3. The right to cancel a Contract under clause 8.1 does not apply to pierced jewellery, underwear or swimwear if the hygiene seal is not in place or has been broken.
4. 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. RETURNS1. As an alternative to using your rights under clause 8.1, you may wish to return an item using our free UK returns service. For further information on returns please see our Returns Policy.
10. YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)1. If you are a consumer in the EEA and you cancel your Contract under clause 8.1, We will:
a) 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
b) 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
c) make any refunds due to you by the method you used for payment:
1. 14 days after the day on which We receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
2. 14 days after you inform us of your decision to cancel the Contract
2. Please see our Returns Policy here for more information about returns and refunds.
11. FAULTY PRODUCTS1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
2. If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 8.2.You must return such Products to us in accordance with our reasonable instructions and the Returns Policy here, and if the Products are faulty or mis-described We will refund the price of the Products and the cost of delivery to you.
3.If you discover that your Product is faulty after 14 days we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price paid and/or any associated delivery costs.
12. OUR RIGHTS TO CANCEL THE CONTRACT1. We may end the Contract at any time by writing to you if:
a) you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c) you do not, within a reasonable time, allow us to deliver the Products to you.
2. We may also end the Contract in the circumstances set out in clause 7.5 or clause 7.6.
3. If We end the Contract in any of the situations set out in clause 13.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
13. OUR LIABILITY1. 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.
2. 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.
3. 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.
14. EVENTS OUTSIDE OUR CONTROL1. 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 beyond our reasonable control.
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.
3. 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.
15. INTELLECTUAL PROPERTY RIGHTS1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
16. OTHER IMPORTANT TERMS1. 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.
2. 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.
3. 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.
4. We may assign or transfer our rights and obligations under the Contract to another organisation. Except in cases where you pay using Afterpay, wWe will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract. If you pay using Afterpay, we may assign to Afterpay Pty Ltd (ABN 151 693 429 47) our rights to collect payment for the Products from you without obtaining your consent and without any requirement to notify you of such assignment.
5. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
6. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
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.
9. Please note that these terms and conditions are governed by Australian 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 Australian law, except that if you are not resident in Australia then Australian 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.
17. AFTER-SALES SERVICE1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to [email protected].
2. If you have any complaints these should be addressed in writing to Nasty Gal by email to [email protected] or by post, Nasty Gal, PO Box 553, BURNLEY, BB11 9GD.
3. 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 CONDITIONSOfficial Nasty Gal promotion codes entitle you to an offer on your online order from www.nastygal.com. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Selected lines and beauty products are excluded from promotion code discounts. Automated promotions cannot be used in conjunction with any other promotion codes or offers. 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 nastygal.com and we reserve the right to withdraw them and refuse or restrict any order at any time. Promotion codes are only valid on nastygal.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.
Nasty Gal’s WIN $5K Splash Competition (“Prize Draw”)
The promoter of NastyGal’s Win $5k Splash Competition (“Prize Draw”) is Nasty Gal Limited of 49/51 Dale Street, Manchester M1 2HF("Promoter").
1.1. This Prize Draw is open to individuals in UK, US, AUS, ROI, FR, EU, CA. Entrants must be over the age of 18.
1.2. Employees of the Promoter or any associated company and their immediate family as well as sponsors of the Prize Draw and their employees and judges of the Prize Draw and their immediate family, or anyone else involved in the organisation of the Prize Draw, may not enter the Prize Draw.
1.3. Entrants will require access to the internet to enter the Prize Draw.
2. How to enter
2.1. To enter the Prize Draw entrants must:
2.1.1. “Satisfy” the eligibility criteria at clause 1;
2.1.2. “Visit” the www.nastygal.com website (or participating local website) or “download and visit” the Nasty Gal App;
2.1.3. “Purchase” an item (at any value) from the Promoters’ website or App to be automatically entered into the Prize Draw to win the Prize (“Order”);
2.1.4. Orders must be made between 7:00PM GMT, Nov 11, 2020 and 11:59PM GMT on Nov 20, 2020 ("Prize Draw Period") to be automatically entered into the Prize Draw and be valid (“Entry” or “Entries”). The Promoter’s computer is the official time-keeping device for the Prize Draw. The Winner will be contacted directly via the email address used in the Order.
2.2. Entries received after the end of the Prize Draw Period will not be valid.
2.3. No bulk, third party or automated entries are permitted.
2.4. All entrants (including the winners) 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.
3. Winner selection and contact
3.1. The Promoter will select One (1) x winner at random at the end of the Prize Draw Period and in any event by 28 November 2020. The decision of the Promoter shall be final. The Promoter will announce the winner by naming the winner via Direct Email used in the Order.
3.2. No correspondence will be entered into respect of any decision made in connection with the Prize Draw.
3.3. At the end of the Prize Draw Period, the Promoter will contact the winner via email (“Winner”) whereby the Promoter will ask the Entrant for their name and bank account details (“Details”). Once the Details have been provided in the manner stipulated herein, the Promoter will provide further details regarding the Prize.
3.4. If any winner fails to provide their Details to the Promoter within 48 hours of the Promoter’s initial email, asking them to provide the Details in accordance with clause 3.2 then the Promoter acting in its absolute discretion may:
3.5.1. Make further attempts to contact that winner; and/or
3.5.2. Withdraw the Prize from that Winner.
3.6. If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter under clause 3:
3.6.1. 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 selected by the Judges in accordance with this clause 3.
4.1. One (1) confirmed winner will receive a one-off cash payment of $5000 USD or equivalent in the Winner’s local currency (“Prize”). The Prize will be paid via bank transfer from the Promoter’s bank account to the Winner’s nominated bank account.
4.2 The Prize is non-transferable and non-refundable and the Winner cannot request any alternative prize.
4.3. The Prize is subject to the Promoter receiving the relevant details to award the Prize.
4.4. There will be a total of One (1) Winner.
5. Winner publicity
5.1. 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 nastygal.com.
5.2. By entering the Prize Draw, if you are a Winner you agree to your Entry being published in accordance with clause 5.1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.
6. Entry requirements
6.1. 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.
6.2. 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.
7. Use and display of Entries and copyright
7.1. 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.
7.2. By submitting an Entry:
7.2.1.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;
7.2.2.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;
8.1. 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:
8.1.1.any Prize that is not redeemed;
8.1.2.any personal property;
8.1.3.any loss of enjoyment or wasted expenditure;
8.1.4.any system failures or malfunctions of any third party websites;
8.1.5.any incomplete, lost, delayed or late Entries;
8.1.6.any failure to fulfil obligations of any third parties involved in this Prize Draw;
8.1.7.any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw howsoever arising from participating in the Prize Draw;
8.1.8.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;
8.1.9.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;
8.1.10. any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
8.1.11. 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
8.1.12. any other matter outside of their reasonable control.
8.2. Nothing in these Terms and Conditions affects your statutory rights.
8.3. 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.
8.4. 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:
8.4.1.their Entry into this Prize Draw; and/or
8.4.2.their receipt and use of any Prize.
9.1. 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 website / App.
9.2. By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your Entry.
9.3. Any person who provides their details to the Promoter in connection with this Prize Draw accepts:
9.3.1.these Terms and Conditions; and
9.3.2.the use of their personal data by the Promoter:
184.108.40.206. for the purpose of administration of the Prize Draw (including publishing the names of the Winners and any administration relating to the Prize); and
220.127.116.11. any other purpose for which they have consented.
9.4. The use of any personal data by the Promoter shall be in accordance with the Promoter's Privacy Notice which can be found on the Promoter’s website here.
9.5. Without prejudice to clause 6.1, 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.
9.6. No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
9.7. 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.
9.8. 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.
9.9. 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.
9.10. 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.For the names of the Winners or for a copy of these Terms and Conditions please send a stamped addressed envelope together with your written request to Nasty Gal’s Win $5K Splash Competition (Prize Draw) Nasty Gal Limited of 49/51 Dale Street, Manchester M1 2HF.
9.11. 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.