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@example.com.
2. SERVICE AVAILABILITY
1. Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our “Deliveries” page here.
3. YOUR STATUS
1. You may only purchase Products from us if:
a) you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);
b) you are an authorised user of the credit or debit card used to pay for your order; and,
c) are resident in a country that We deliver to (please see our “Deliveries” page here for further information).
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
2. After you submit your order, We immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If We accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.
3. As soon as you place your order, We start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 8 of these terms and conditions or under our Returns 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.
1. 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 DELIVERY
1. If you order Products from us for delivery to a destination outside the UK:
a) your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
b) you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and
c) if you return any Products to us from a destination outside the UK, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.
7. PRICE AND PAYMENT
1. The price payable for the Products shall be as shown on our site in Canadian 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 or Paypal or Afterpay.
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 firstname.lastname@example.org 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.
1. 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 PRODUCTS
1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
2. If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 8.2.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.
12. OUR RIGHTS TO CANCEL THE CONTRACT
1. We may end the Contract at any time by writing to you if:
a) you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c) you do not, within a reasonable time, allow us to deliver the Products to you.
2. We may also end the Contract in the circumstances set out in clause 7.5 or clause 7.6.
3. If We end the Contract in any of the situations set out in clause 13.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
13. OUR LIABILITY
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.
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 CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our 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 RIGHTS
1. 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 TERMS
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.
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 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.
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 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.
10. 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.
17. AFTER-SALES SERVICE
1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com.
2. If you have any complaints these should be addressed in writing to Nasty Gal by email to firstname.lastname@example.org 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, CAD 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:
22.214.171.124. for the purpose of administration of the Prize Draw (including publishing the names of the Winners and any administration relating to the Prize); and
126.96.36.199. 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.
Information about us
www.nastygal.com is a site operated by Nasty Gal Limited (“We”). We are a limited 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.
Other applicable terms
Should you wish to purchase any goods shown or advertised on our site, the supply of those goods will be subject to our Terms and Conditions of Sale here.
Access to our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site at any time without notice. We will not be liable to you if for any reason all or part of our site is unavailable or interrupted at any time or for any period.
Your account and password
You may access most areas of our site without registering your details with us, but certain areas of our site will only be open to you if you register with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.
Your use of our site
You may use our site only for lawful purposes. You may not use our site:
• in any way that breaches any applicable local, national or international law, regulation or code of practice;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• in any way that infringes any intellectual property right or right to privacy; and/or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.
We may from time to time provide interactive services to you on our site. For example, We may allow you to leave reviews of our products. Use of any of our interactive services by a minor is subject to the consent of their parent or guardian.
By submitting any content to our site or through our interactive services, you agree that We shall have a non-exclusive, perpetual, royalty-free, worldwide right and licence to use, reproduce, distribute and make available such content on our site and in our marketing materials.
If you wish to complain about information or materials uploaded to our site by other users please contact us on email@example.com.
You must ensure that any and all information and material which you post to our site (User Content) and use of any interactive services associated with it complies with following standards.
User Content must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with applicable law in the UK and in any country from which it is posted. Product reviews will only be accepted from genuine, verified purchasers in the correct language for the relevant website and will not be accepted from our employees.
User Content must not:
• contain any material which is defamatory of any person, obscene, offensive, hateful, malicious or inflammatory or which promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any intellectual property right of any other person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any other person. In the case of product reviews, you may include your first name and location in your review, but should not include any other personal information;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that it emanates from us, if this is not the case;
• advocate, promote or assist any illegal activity or unlawful act; or
• contain any advertising or promote any goods or services or links to other websites.
We will determine, in our discretion, whether there has been a breach of these content standards through your use of our site. When a breach of these content standards has occurred, We may take such action as We deem appropriate and reserve the right to reject publication of any such User Content or delete such User Content from our site. If we reject a product review, we may send it back to you with an explanation of why it has been rejected and we may give you the opportunity to edit and resubmit your review.
Viruses, hacking and other offences
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Intellectual property rights
All intellectual property rights in our site, and in the material published on it, are owned by us and our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Our trade marks are registered
NASTY GAL and the logos for these marks are trade marks of Nasty Gal Limited. You are not permitted to use these trade marks without our approval, unless they are part of any material you are using as permitted above.
If you believe that content on our site violates or infringes upon yours or a third party’s intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately by any means set forth in Section 22 below with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although We make reasonable efforts to update the information on our site, We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability in respect of your use of our site
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
o loss of profits, sales, business, or revenue;
o business interruption;
o loss of anticipated savings;
o loss of business opportunity, goodwill or reputation;
o waste of management or office time; or
o any indirect or consequential loss or damage.
If you are a consumer user, please note that We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and We have no liability to you for any loss of any business of yours (including but not limited to the types of loss and damage excluded in respect of business users set out in the paragraph above).
The security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications. We shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We have no control over those websites and will not be liable for any loss or damage that may arise from your use of them.
Linking to our site
You may link pages of our site to your personal social media accounts where social media sharing plug-ins are available on our site.
Any other linking to our site is prohibited without our prior written consent.
You must not establish a link to our site:
• in a way that is not fair or legal or which damages our reputation or takes advantage of it;
• in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
• in any website that includes unlawful or fraudulent content, has any unlawful or fraudulent purpose or effect or breaches the content standards set out above.
You must not frame our site on any other site or create a link to any part of our site other than the home page without our prior written consent.
We reserve the right to withdraw linking permission without notice.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If you are a business or are using our site for business purposes, you and We both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
If you wish to contact us in respect of our site, please contact us at firstname.lastname@example.org.
Thank you for visiting our site.
We're bummed things didn't work out for you, but here's the good news: you get 28 days to return your items starting from the day you receive your order.
Here's the fine print. All original tags must be attached. For hygiene reasons, pierced jewellery is non-refundable, and we ask that you try on swimwear and lingerie over your own underwear and keep the seal intact.
Where we suspect fraudulent activity, including but not limited to circumstances where there are suspicious claims relating to orders having been placed, but not received, or if we suspect that you are returning items after they have been used or worn, or items returned do not match what you ordered, we reserve the right to withhold refunds and block your account (and any associated accounts) from placing orders in future. If this happens to you and you think we’ve made a mistake, you can Contact Us and we will discuss the matter with you further.
Received a faulty item? We’re really sorry to hear that you’ve received an item that’s not in perfect condition. So that we can get this fixed for you please go to our 'Contact Us' form, to help us get this fixed for you ASAP, when you first contact us please include the following information; Your Name, Order Number, Product Name and Code, Picture of the fault and a Description of the fault. The product name and code can be found on your order confirmation email. If you contact us via the 'Contact Us' form please have an image of the faulty item ready for when you receive a reply as you won’t be able to attach the image on the form just yet.
• The personal data we collect
• How we collect your data
• How we use your data
• Marketing preferences, adverts and cookies
• Links to other websites and third parties
• How we share your data
• Your rights
• Changes to this privacy notice
• How to contact us
WHO IS NASTY GAL
OUR COMMITMENT TO YOU
We will only collect and use your personal data for the following purposes, to:
• fulfil your order(s)
• keep you up to date with the latest offers and trends
• give you a better shopping experience
• help us to make our marketing more relevant to you and your interests
• improve our services
• meet our legal responsibilities
HOW WE KEEP YOUR DATA SAFE AND SECURE
The communication between your browser and our website uses a secure encrypted connection wherever your personal data is involved.
We require any third party who is contracted to process your personal data on our behalf to have security measures in place to protect your data and to treat such data in accordance with the law.
In the unfortunate event of a personal data breach, we will notify you and any applicable regulator when we are legally required to do so.
THE PERSONAL DATA WE COLLECT
While our website is designed for a general audience, we will not knowingly collect any data from children under the age of 13 or sell products to children. If you are under the age of 13, you are not permitted to use or submit your data to the website.
The following groups of personal data are collected:
Identity Data includes information such as: first name, last name, title, date of birth (optional), occupation, personal description, photo and gender.
Contact Data includes information such as: email address, billing address, delivery address, location, country, telephone number, loyalty programme membership number, and social media id (if you log in by social media).
Financial Data includes information such as: payment card details and bank account.
Transaction Data includes information such as: details of your purchases and the fulfilment of your orders (such as basket number, order number, subtotal, title, currency, discounts, shipping, number of items, product number, single item price, category, tax etc.); payments to and from you and details of other products and services you have obtained from us, correspondence or communications with you in respect of your orders, and details of any rewards and bonuses awarded.
Technical Data includes information such as: details of the device(s) you use to access our services, your internet protocol (IP) address, login data, your username and password, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform.
Profile Data includes information such as: purchases or orders made by you, product and style interests, preferences, feedback, and survey responses.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
HOW WE COLLECT YOUR DATA
Direct interactions – you may give us your Identity, Contact, Financial, Transaction, Profile, and Marketing and Communications data (as described above) by filling in forms, entering information online or by corresponding with us by post, phone, email, telephone or otherwise. This includes personal data you provide, for example, when you:
- Create an account or purchase products on our website;
- Subscribe to our newsletter, discussion boards, social media sites or create wish lists;
- Enter a competition;
- Join a Nasty Gal loyalty programme;
- Complete a voluntary market research survey;
- Contact us with an enquiry or to report a problem (by phone, email, social media, or messaging service);
- Use a “refer a friend” function on our website; or
- When you log in to our website via social media.
Automated technologies or interactions – as you interact with our website, we may automatically collect the following types of data (all as described above): Technical Data about your equipment, Usage Data about your browsing actions and patterns, and Contact Data where tasks carried out via our website remain uncompleted, such as incomplete orders or abandoned baskets. We collect this data by using cookies, server logs and other similar technologies. Please see our Cookies Policy here for further details.
Third parties – we may receive personal data about you from various third parties, including:
- Technical Data from third parties, including analytics providers such as Google. Please see further information in the section entitled ‘Marketing preferences, adverts and cookies’.
- Technical Data from affiliate networks through whom you have accessed our website;
- Identity and Contact Data from social media platforms when you log in to our website using such social media platforms;
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
- Identity and Contact data from third parties, including organisations (including law enforcement agencies), associations and groups, who share data for the purposes of fraud prevention and detection and credit risk reduction;
HOW WE USE YOUR DATA
We will only collect and process your personal data where we have a legal basis to do so. As a data controller, the legal basis for our collection and use of your personal data varies depending on the manner and purpose for which we collected it.
We will only collect personal data from you when:
- we have your consent to do so, or
- we need your personal data to perform a contract with you. For example, to process a payment from you, fulfil your order or provide customer support connected with an order, or
- the processing is in our legitimate interests and not overridden by your rights, or
- we have a legal obligation to collect or disclose personal data from you.
USES MADE OF YOUR PERSONAL DATA
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To create an account and register you as a new customer (either directly or via social media).||• Identity
|(1) To process and deliver your order including: recording your order details; keeping you informed about the order status; process payments and refunds, collect money owed to us;
(2) To protect our customers, boohoo group companies and website from fraud and theft, which involves automated decision making to assist such fraud prevention and detection
|(1) Performance of a contract with you
(2) For automated decision making we consider that fraud detection and prevention is in our legitimate interests to ensure that fraudulent transactors are unable to benefit from our services and in the legitimate interest of the public as whole due to the impact of fraud on the consumer market; we also consider it a necessary element of entering into a contract with you that we are able to verify your identity and prevent fraud
|(1) To manage our relationship with you, including: providing you with any information, products and services that you request from us(or that has been requested on your behalf through our "refer a friend" function);
(2) notifying you about changes to our services, terms and conditions or privacy notice; asking you to leave a review or take a survey.
• Marketing and Communications
(2) Performance of a contract with you
|To enable you to take part in a competition, event, survey, or receive a reward for shopping with us.||• Identity
• Marketing and Communications
|• Where you have decided to enter into a competition or event, for the performance of a contract with you|
|To administer, protect and improve our business and our website/app, including: troubleshooting, data analysis, testing, system maintenance, support, data analysis, reporting and hosting of data; setting default options for you, such as language and currency.||• Identity
• Marketing and Communications
|To deliver relevant website content, online advertisements and information for you; and measure the effectiveness of the advertising provided.||• Identity
• Marketing and Communications
|To use data analytics to: improve our website, products, services, marketing, customer relationships and experiences; and for market research, statistical and survey purposes.||• Technical
|To recommend products, services discounts and offers that may be of interest to you, including to send you such information by email, post or SMS.||• Identity
• Marketing and Communications
|• Consent. See further details in the section ‘Marketing preferences, adverts and cookies’|
|To inform or remind you by email of any task carried out via our website which remains uncompleted, such as incomplete orders or abandoned baskets.||• Identity
|To process and deliver your e-gift card orders including taking payment and communicating with you and/or the nominated recipient if delivered to another person.||• Identity
• Financial • Transaction
|• Performance of a contract|
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we wish to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. We may process personal data without your consent, in compliance with the above rules, where this is required or permitted by law.
If you have any questions about how Nasty Gal use any of your personal data, please contact our Data Protection Officer, Keri Devine at DPO@nastygal.com.
HOW LONG WE KEEP YOUR DATA FOR
MARKETING PREFERENCE, ADVERTS & COOKIES
We may send you marketing communications and promotional offers:
• if you have opened an account with us or purchased goods from us, or registered for a promotion or event, and you have not opted out of receiving that marketing (in accordance with your preferences, as explained below);
• by email if you have signed up for email newsletters;
• if you have provided us with your details when you entered a competition and you have consented to receiving such marketing (in accordance with your preferences, as explained below).
We may use your Identity, Contact, Technical, Transactional, Usage, Profile Data and Marketing and Communications Data to form a view on what we think you may like, or what may be of interest to you, and to send you details of products and offers which may be relevant for you.
We will ask you for your preferences in relation to receiving marketing communications by email, post, SMS and other communication channels.
From time to time we may also include with your order, inserts advertising goods, services or offers from other third-party companies that you may be interested in.
In respect of third party marketing communications, we will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes.
You will always have full control of your marketing preferences. If you do not wish to continue receiving marketing information from us (or any third party, if applicable) at any time:
• you can unsubscribe or ‘opt-out’ by using the unsubscribe button and following the link included in the footer of any marketing email; or
• account holders may withdraw their consent by simply logging in to ‘My Account’ here and editing your ‘Contact Preferences’.
We will process all opt-out requests as soon as possible, but please note that due to the nature of our IT systems and servers it may take a few days for any opt-out request to be implemented. Please be aware that opting out on one of our Services, does not opt you out from any of our other Services unless that option is specifically provided. Please note that despite unsubscribing from such communications, Nasty Gal may still contact you in relation to your order(s), purchase(s) or any issues relating any business you conduct with Nasty Gal.
OUR USE OF ANALYTICS & TARGETING TOOLS
The Digital Advertising Alliance (which includes companies such as Google, Responsys and Facebook) provides a tool called WebChoices that can perform a quick scan of your computer or mobile devices, find out which participating companies have enabled customised ads for your browser, and adjust your browser preferences accordingly.
If you would like any further information about the data collected by these third parties or the way in which the data is used, please contact us.
Google will use data for ad personalisation when a customer provides consent. Please see Google’s Privacy & Terms site which provides further detail as to how google uses your personal data.
LINKS TO OTHER WEBSITES & THIRD PARTIES
HOW WE SHARE YOUR DATA
• where you have consented for us to do so. For example, if you have consented to receive marketing materials from third parties, or in respect of third parties’ (including co-branded or jointly promoted) products and services, we may pass your data on to the relevant third parties for the purpose of sending you such marketing communications;
• to other companies within the boohoo Group which carry out order fulfilment and provide HR, financial, IT, facilities, customer service, legal, travel and health and safety support functions.
• to business partners, suppliers, sub-contractors and other third parties that we use in connection with the running of our business for the purposes set out in the table above in the section ‘How we use your data’, such as:
- third party service providers that we engage to provide IT systems and software, and to host our website;
- third-party payment processing services (including Worldpay, Paypal and Afterpay in certain regions) (please see T&C’s https://www.afterpay.com/terms-of-service ) to process your payment to us. Nasty Gal does not store your payment information, your payment details are provided to the payment provide you have selected, who are compliant with necessary regulations. These third party payment providers process your data as a data controller;
- third party service providers that we engage to deliver goods you have ordered and to manage any returns;
- third party service providers that we engage to send emails and postal mail on our behalf including in relation to incomplete orders or abandoned baskets, or marketing communications, to provide data cleansing services and to provide marketing and advertising services;
- analytics and search engine providers that assist us in the improvement and optimisation of our website;
- affiliate networks through whom you have accessed our website;
• to any third party to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
• to protect our customers and website from fraud and theft, we may share your personal data with Ravelin and/or Risk Guardian and/or other fraud prevention and analysis service providers, in order to carry out fraud prevention checks on our behalf. If personal data is provided to Ravelin, Ravelin will also use this personal data to improve its service and machine learning to improve its automated processing. A copy of Ravelin's privacy notice can be found at: https://www.ravelin.com/privacy-policy-new which explains how Ravelin will use your personal data for these purposes; and we may further share personal data that is required to make identity checks and personal data that we obtain from making identity checks (including data relating to your age, name and location), together with account information, with organisations (including law enforcement agencies), involved in fraud prevention and detection and credit risk reduction. Please note that these third parties may retain a record of the information that we provide to them for this purpose;
• if we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or
• to our professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
YOUR DATA & COUNTRIES OUTSIDE OF EUROPE
Whenever we transfer personal data outside the EEA, we will ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards, as required by law, are in place. This may include using specific contractual clauses approved by the European Commission which give personal data the same protection as it has in Europe. More information about these is available here: http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32010D0087
Please contact us if you want further information on the countries to which we may transfer personal data and the specific mechanism used by us when transferring your personal data outside the EEA.
• request access to your personal data
• request correction of your personal data
• request erasure of your personal data
• request restriction of processing of your personal data
• request the transfer of your personal data
• object to processing of your personal data
• request human intervention for automated decision making
Brief details of each of these rights are set out below. If you wish to exercise any of these rights, please email us at DPO@nastygal.com.
REQUEST ACCESS TO YOUR PERSONAL DATA
REQUEST CORRECTION TO YOUR PERSONAL DATA
REQUEST ERASURE OF YOUR PERSONAL DATA
REQUEST RESTRICTION OF PROCESSING YOUR PERSONAL DATA
REQUEST THE TRANSFER OF YOUR PERSONAL DATA
OBJECT TO PROCESSING OF YOUR PERSONAL DATA
REQUEST HUMAN INTERVENTION FOR AUTOMATED DECISION MAKING & PROFILING
We will try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. We may need to request specific information from you to help us confirm your identity and ensure your right to exercise any of the above rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
RIGHT TO LODGE A COMPLAINT
If you have any concerns or complaints regarding the way in which we process your data, please email us directly at DPO@boohoo.com. You also have the right to make a complaint to the ICO (the data protection regulator in the UK) or (if you are located in the European Union) any other competent supervisory authority in your country of residence (a list of supervisory authorities can be found here: https://edpb.europa.eu/about-edpb/about-edpb/members_en). We would, however, appreciate the chance to deal with your concerns before you approach the ICO or any other supervisory authority, so please do contact us in the first instance.
Representative in the EU
For supervisory authorities and customers located in the European Union, if you have any questions about our privacy notice or the information we hold about you, please feel free to contact us by email at: email@example.com.
CHANGES TO THE PRIVACY NOTICE
HOW TO CONTACT US
Please send any questions, comments or requests for more information to our nominated representative and Data Protection Officer at DPO@nastygal.com.
This privacy notice was last updated on 1st August 2022 (NG UK and Europe Version 1.9)
Nasty Gal UK Limited,
Registered Company Number: 10487954,
UK VAT Number: 185 4874 61.
What are Cookies?
We’re not talking about the cookie that you eat (unfortunately). Cookies are text files containing small amounts of information which allow our site to recognise your device and are downloaded to your device when you visit a website if you agree to the site doing so. Cookies are then sent back to the website on each subsequent visit, or to another website that recognises that cookie.
Cookies are useful because they allow a website to recognise a user’s device and are widely used in order to make websites work more efficiently, let you navigate between pages, remember your preferences, and / or generally improve your user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
To view a full list of all of our Cookies please click here.
Please bear in mind, your use of our site is not only subject to and governed by this cookies policy (in accordance with your preferences) but also the terms on our site, including our Terms & Conditions here and privacy here which we ask you to read carefully.
The type of cookies placed and the preferences available to you will depend on the functionality of the relevant cookie.
Essential Cookies are essential for our website to remain working and secure. These cannot be disabled and do not require consent to be placed on your device. Other cookies (known as non-essential cookies) require your prior consent before being placed on your device. We categorise the non-essential cookies we use as Functional Cookies, Advertising Cookies and Analytical Cookies.
We will seek your consent to non-essential cookies on your visit to our landing page and, unless you have adjusted your preferences or browser setting so that it will refuse the non-essential cookies, our system will issue cookies and download them onto your device in accordance with the cookies preferences you have most recently indicated to us.
Changing your preferences and browser settings
Whether or not you allow us to download cookies is up to you.
Change Browser Settings – You can amend the settings on your browser to disable cookies and to change the approach taken to cookies downloaded on your device. These options are available in different locations depending on the browser you use. You can find more information about cookies and how to disable them here and here.
If you choose to disable cookies by changing your preferences or your browser Settings, our website and its features may not necessarily work in the same way or produce the same personalised experience. If you delete all of your cookies, you will have to update your preferences with us again. If you use a different device, computer profile or browser you will have to tell us your preferences again.
Changes to this Cookies policy
From time to time we may change this cookies policy. If there are any significant changes we will post updates on our website, applications or let you know by email.
How to contact us
We welcome feedback and are happy to answer any questions you may have about the cookies we use.
Please send any questions, comments or requests for more information to DPO@nastygal.com
This cookies policy was last updated on 02.12.2020
Nasty Gal UK Limited,
Registered Company Number: 10487954,
UK VAT Number: 185 4874 61.