Customer Service
Top 5 Questions
Click here to track your order.
Your order could be in a couple of places... our warehouse, awaiting dispatch, with the courier on its way, or delivered. The first thing to check is have you had your dispatch email? If yes, then it's on its way. You can track your order at the top of this page using your order number from that email. If you haven't got your dispatch email (don't forget to check those junk folders) then your order is waiting to leave us. Once you have the dispatch email you can track it yourself via the link in the email or by using the track my order section at the top of this page.
If you don’t have your order number, log into your account and then go to 'Order History'.
Please double check the shipping option you selected, cut off times for ordering and the date which we said it will be shipped by. You can check delivery timescales here.
If it's after 9pm on that date then it’s late. If it's before the advised shipping date and you've had your dispatch email, then it’s on its way.
Your shipping date has to have passed for us to be able to investigate where your order is.If your shipping date has passed, please contact us by going to the 'Contact Us' tab on this page and have your order number ready.
Standard Shipping
If your USPS tracking is showing that there has been an unsuccessful delivery attempt then you will need to either reschedule your delivery, or arrange to collect your parcel from your local USPS post office. For some areas, you can reschedule your delivery online here.
If this isn’t available, in your area then you’ll need to get in touch with your local post office. You can find the details of your local post office here.
You’ll have 15 days from the date of the first delivery attempt to either reschedule your delivery or collect your parcel before your parcel is returned back to us.
Express Shipping
If your parcel was shipped via DHL on an express delivery service and you are not available to take in your parcel, they will try again on the following business day. DHL also leave you a card advising of this, where you will also find some instructions on how you can re-arrange or re-direct your delivery, or instruct the courier to leave your parcel with a neighbour.
With DHL, you’ll have 10 business days from the date of your original delivery attempt to re-direct your parcel or provide further delivery instructions.
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' tab, 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' tab 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.
FAST, TRACKABLE & COST EFFECTIVE using the returns portal.
We're bummed things didn't work out for you, but here's the good news: You've got 28 days to send something back to us from the day you receive it. Just click the link here and follow the steps below.
When returning a parcel please follow the process below. You can find out the postage price in the portal or you will be asked to download a returns label and pay for postage at your local post office. Please use a trackable service and keep your proof of postage receipt until after your refund is processed.
1. Repack your items.
2. Login to our returns portal. You will need your order number and email/last 4 digits of your phone number.
3. Select your preferred return option (Print returns label at home or in store options).
4. Once you have processed your return in the portal you're ready to post it off! Make sure you keep proof of postage!
5. Keep an eye on your return tracking. You'll get an email once we receive your returned item.
Good to know... We've gone paperless! You'll no longer receive a delivery note in your parcel.
For hygiene reasons, we cannot offer refunds on fashion face masks, cosmetics, pierced jewellery, swimwear or lingerie, if the seal has been broken or is no longer in place. Items must be unworn and unwashed with the original labels attached.
This does not affect your statutory rights.
You'll no longer receive an invoice in your parcel. Simply download and print a returns label from our website, add this to your parcel and then send it back to us.
Ready to return? Just click here
Over 28 days?
We move fast and the turnaround of stock we sell means that we will not be able to resell your goods. So unfortunately we cannot accept returns that are over 28 days.
Don't worry, just package your items in something non see-through, sealable & waterproof.
Ready to return? Just click here
If you return via the portal, it can take up to 3 days for your return to arrive to us and, up to 7 days for your refund to show in your account depending on your bank's processing time.
The refund will go back to the payment method you used when placing your order, once we've done our bit you'll get an email confirming it’s on its way.
If you've waited more than 14 days with no email from us then please get in touch by going to the 'Contact Us' tab on this page.
Orders & Shipping
For a full list of shipping options click here.
Express Shipping is unavailable to Military zip codes.
Shipping Rates & Delivery
Shipping option | Shipping times | Shipping cost |
---|---|---|
USA Standard Shipping | 5 - 8 business days | $11.99 per order |
USA Express Shipping | Up to 3 business days | $14.99 per order |
* We’ll cover duty costs on all orders. Additional taxes may apply according to local legislation.Please note the USA Express Shipping service cannot be used for military postcodes. Please allow 4 - 5 weeks for delivery to Hawaii.
A signature may not always be required for delivery and if there is no one available to take delivery our carriers may attempt to leave it with a neighbour or in a safe, secure location. A card may be left to advise this to you, or to confirm that the parcel has been returned to the local depot. You can then contact them to arrange collection or to schedule a new delivery date. If you have any further questions related to your delivery, please contact our Customer Care team.
* Please note: The shipping times shown are from the order date.
Click here to track your order.
Your order could be in a couple of places... our warehouse, awaiting dispatch, with the courier on its way, or delivered. The first thing to check is have you had your dispatch email? If yes, then it's on its way. You can track your order at the top of this page using your order number from that email. If you haven't got your dispatch email (don't forget to check those junk folders) then your order is waiting to leave us. Once you have the dispatch email you can track it yourself via the link in the email or by using the track my order section at the top of this page.
If you don’t have your order number, log into your account here and then go to 'Order History'.
Standard Shipping Via USPS If your USPS tracking is showing that there has been an unsuccessful delivery attempt then you will need to either reschedule your delivery, or arrange to collect your parcel from your local USPS post office. For some areas, you can reschedule your delivery online here. If this isn’t available in your area then you’ll need to get in touch with your local post office. You’ll have 30 days from the date of the first delivery attempt to either reschedule your delivery or collect your parcel before your parcel is returned back to us.
Shipping Via FedEx If your FedEx tracking is showing that there has been an unsuccessful delivery attempt, then your parcel will be taken to a FedEx pickup point. A card will be left with further details on how to pick up your parcel and with the information of the pickup point. You’ll have 5 days from the date of the first delivery attempt to collect your parcel from the pickup point before your parcel is returned back to us.
Express Shipping Via DHL Express If your parcel was shipped via DHL on an express delivery service and you are not available to take in your parcel, they will try again on the following business day. DHL also leave you a card advising of this, where you will also find some instructions on how you can re-arrange or re-direct your delivery, or instruct the courier to leave your parcel with a neighbour. With DHL, you’ll have 10 business days from the date of your original delivery attempt to re-direct your parcel or provide further delivery instructions. This can be donehere.
Please double check the shipping option you selected, cut off times for ordering and the date which we said it will be shipped by. You can check shipping timescales here. If it's after 9pm on that date then it’s late. If it's before the advised shipping date and you've had your dispatch email, then it’s on its way. Your shipping date has to have passed for us to be able to investigate where your order is.If your shipping date has passed, please contact us by going to the 'Contact Us' tab on this page and have your order number ready.
I received an incorrect item, what do I do?
To get this fixed for you ASAP please head to our 'Contact Us' section where you can drop us an email or you can reach us via private message on Facebook, Twitter or WhatsApp.
When you message, please include the following information:
Your name
Order Number
Product name and code of the item ordered
Product name and code of the item received
Picture of the incorrect item and a description of the incorrect item received
If you choose to email, please have an image of the incorrect item ready for when you receive a reply, as you won’t be able to attach the image on the form just yet.
Please do not return the item to us without speaking to our Customer Care team.
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' tab, 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.
If you contact us via the 'Contact Us' tab 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.
As soon as you place your order, we’re on it – we know you need it fast! Unfortunately this means we will be unable to make any changes to your address.
Returns and Refunds
FAST, TRACKABLE & COST EFFECTIVE using the returns portal.
We're bummed things didn't work out for you, but here's the good news: You've got 28 days to send something back to us from the day you receive it. Just click the link here and follow the steps below.
When returning a parcel please follow the process below. You can find out the postage price in the portal or you will be asked to download a returns label and pay for postage at your local post office. Please use a trackable service and keep your proof of postage receipt until after your refund is processed.
1. Repack your items.
2. Login to our returns portal. You will need your order number and email/last 4 digits of your phone number.
3. Select your preferred return option (Print returns label at home or in store options).
4. Once you have processed and paid for your return in the portal you're ready to post it off! Make sure you keep proof of postage!
5. Keep an eye on your return tracking. You'll get an email once we receive your returned item.
Good to know... We've gone paperless! You'll no longer receive a delivery note in your parcel. Select your preferred return method and get your trackable returns label, just follow the easy steps above.
For hygiene reasons, we cannot offer refunds on fashion face masks, cosmetics, pierced jewellery, swimwear or lingerie, if the seal has been broken or is no longer in place. Items must be unworn and unwashed with the original labels attached.
If you paid for your order with a gift card, store credit or a voucher, a replacement to the value of the refund will be issued.
This does not affect your statutory rights.
A lot of our production is based in the UK, which means our products will come with UK sizing. You needn’t worry though; every style has been converted accordingly to match the sizing in your country.
If you return via the portal, it can take up to 3 days for your return to arrive to us and, up to 7 days for your refund to show in your account depending on your bank's processing time.
The refund will go back to the payment method you used when placing your order, once we've done our bit you'll get an email confirming it’s on its way.
If you've waited more than 14 days with no email from us then please get in touch by going to the 'Contact Us' tab on this page.
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 dispatch email.
Here's the fine print:
Items must be unworn and unwashed
Pierced jewellery and fashion face masks cannot be returned for health and hygiene reasons and are non-refundable
Once the seal is opened on our intimate toys they can no longer be returned or refunded
Underwear and swimwear can only be returned if the hygiene seal has not been removed
Beauty products and accessories cannot be returned for hygiene reasons
Shoes must be tried on indoors
Items must have all tags attached
Over 28 days? We move fast and the turnaround of stock we sell means that we will not be able to resell your goods. So unfortunately we cannot accept returns that are over 28 days.
Refunds are sneaky things and can show up in a couple of places:
1. Normally it shows on the day of refund confirmation by us (or up to 7 days after this date depending on your bank’s processing times)
2. If it’s not there, try looking back to the date when you bought the items – some banks now highlight the refund credit against the initial debit date (or up to 7 days after this date depending on your bank’s processing time)
Still can’t see it? Give us a shout on the Contact Us form.
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' tab, 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.
If you contact us via the 'Contact Us' tab 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.
By logging your return through the portal and sending it back to us using the label provided, you should receive your refund within 2 weeks.
The funds should appear on your bank statement in up to 7 working days (how long depends on your card issuer).
If you paid for your order with a gift voucher or store credit, this will be credited back to your nastygal.com account.
Your return gets processed by our returns team and your refund is then processed. If you do not receive notification that we have got your parcel at our warehouse within 28 days of sending it back to us, please give us a shout on the Contact Form.
We don't refund shipping charges for those countries listed outside of the EEA.
Payments & Promotions
Can’t use your discount code? Here’s maybe why:
The code expired (we have limited-time offers)
You can only use one code at a time.
Double check your delivery--some codes only work with specific delivery options.
Check for typos.
We accept the following payment cards: Visa, Visa Debit, MasterCard, Maestro and American Express. We also accept PayPal, Apple Pay (iOS only), Afterpay, Klarna, Giftcards and prepaid debit cards.
Please note: All payments must be made online when placing your order. We do not have the ability to place an order on your behalf. When you reach the final billing page and submit your order, we will immediately contact your bank or card issuer for authorisation to take payment from your account.
You can now pay for your Nasty Gal orders with Apple Pay using a Visa, Mastercard, or American Express Card on all devices which support Apple Pay*.
How to Pay:
Make sure you have Apple Pay set up on your device; then all you need to do is add the items to your basket, choose your preferred delivery option, and when you reach the checkout stage, select the Apple Pay option as your payment method. *Please note that Apple Pay does not work on the Nasty Gal app.
Once you’re happy with your order tap the Touch ID** or glance at your iPhone for Face ID to pay.
Once the order has successfully been processed you will then be sent an order confirmation email.
Please note, you won't be able to select Apple Pay if you've applied a gift voucher.
If you are using Apple Pay on a Mac device, this payment option will only be available on Safari whilst using the Mac OS Sierra operating system.
If you have a Mac with Touch Bar, you will be able to verify your payment using the Touch ID sensor on your MacBook Pro keyboard. If not, you will need to make sure your phone or Apple watch is nearby in order to verify them remotely.
Shop Now. Wear Now. Pay It In 4 **Available on orders over $10** Shop now and pay later with four payments that let you spread the cost of your purchase.
Pay nothing extra. Three payments are automatically collected every 30 days from your debit or credit card. The total amount charged to your card is no greater than if you simply paid for the entire purchase up front (provided the agreed payment schedule is followed). The only fees that may apply are late fees for missed payments. All you need is:
A US credit or debit card
To be over 18 years of age
A US residents address
For a full list of FAQs please click here.
For customer service queries you can contact the Klarna customer service team here.
See here for further information about Klarna.
Shop Now. Wear Now. Pay It In 4* *Available on orders over $35.
Pay for your purchases over four simple installments, due every two weeks. This allows you to pay it when suits you best. Pay nothing extra. If you make repayments on time, you'll only ever pay the price of the item you've purchased. The only fees that may apply are late fees for missed payments.
Simply select Afterpay as your payment method at checkout. All you need is:
A US credit or debit card
To be over 18 years of age
A US residents address
For a full list of FAQs please click here.
Customer Service Afterpay Customer inquiries will be addressed by Customer Support team: info@afterpay.com.us or 855 289 6014. Customer Support is delivered on weekdays from 07:00hrs to 19:00hrs (CST) and Saturdays from 07:00hrs to 19:00hrs (CST).
See T&Cs for further details about Afterpay.
Purchasing a Nasty Gal gift card
You can purchase Nasty Gal gift cards here.
The gift card will be sent via email to the chosen recipient for use on the USA nastygal.com website only.
Gift cards can be purchased with a minimum value of $5 and a maximum value of $500. A limit of 5 gift cards can be purchased in one transaction.
See full terms & conditions here.
Looking for the best way to reward, congratulate or motivate your staff and customers? Look no further than Nasty Gal corporate gift cards! Click here for our business orders page.
Redeeming a gift card
To redeem a gift card, head to checkout and enter your gift card number and pin in the gift card field, both of these can be found on your gift card email. This can be used alongside other payment methods.
Your Gift Card will have no expiration date. The balance on any validly purchased Gift Card does not expire, and may be redeemed by a valid and eligible recipient and applied towards eligible purchases at any time. Gift cards are currently unavailable as a payment method on the app.
You can redeem a maximum of 5 gift cards in any transaction.
If you’re having trouble redeeming your gift card, please get in touch here.
How do I check the balance on my gift card?
You can check the balance of your gift card here.
I haven’t received my gift card?
If you've purchased a gift card and you or the recipient has not received it, first check your junk folder. Still no luck? Please get in touch here.
Returning an item purchased with a gift card?
If you decide to return your nastygal.com items, the original amount paid using a gift card will be added to a new gift card which will be emailed to the email address used on the order.
See full terms & conditions here.
I changed my mind, can I have a refund on the gift card I’ve purchased?
Gift Cards and their balance cannot be returned or refunded, in whole or in part, except in accordance with your statutory legal rights or as otherwise required by applicable law. Gift Cards and their balance cannot be resold, exchanged for cash or vouchers, except where required by law, or transferred for any value by you or anyone else other than for purchasing items from boohoo.com in the U.S.A. only. No fees apply to the purchase or use of any Gift Cards.
If you have further questions, please get in touch here.
If you receive an error message, make sure you’ve entered the correct details--and make sure to contact your bank first! If you’re still having issues, please contact us and include the following:
What operating system you use (ex. Windows, Mac)
What internet browser you used
What payment method you used
A description of the problem and what time the problem occurred.
If you receive an error message, please include it in your message.
If your credit or debit card was declined, call your bank for more info. If you used PayPal, please contact PayPal directly.
My Account
For your security, we can’t change your email address. If you want to change your email address, you will just create a new account.
Log in your account here, select "addresses" and you can either add a new one or edit an existing one.
You can choose what you want to hear from us! To change your preferences, log into your account here and click on “contact preferences”.
If you know your password, log into your account here using your current password. In the account information section, you have the option to change your password. If you forgot your password, select the “forgot password” option and follow the steps to reset.
Product
Some of our items do come back in stock, so keep checking back!
To get this fixed for you ASAP please head to our 'Contact Us' section where you can drop us an email or you can reach us via private message on Facebook, Twitter or WhatsApp.
When you message, please include the following information:
Your name
Order number
Product name and code of the item ordered
Product name and code of the item received
Picture of the incorrect item and a description of the incorrect item received
If you choose to email, please have an image of the incorrect item ready for when you receive a reply, as you won’t be able to attach the image on the form just yet.
Please do not return the item to us without speaking to our Customer Care team.
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' tab, 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' tab 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.
Sizing
A lot of our production is based in the UK, which means our products will come with UK sizing. You needn’t worry though; every style has been converted accordingly to match the sizing in your country. Check our Size Guide for more information.
Contact Us
Due to high contact volumes, responses may take up to 48 hours. We’ll be in touch with you as soon as possible.
Please include your full name, email address you placed your order with and your order number when you contact us.
Please get in touch with using one of the below options.
(Sorry, we don't have a phone number.)
Legal
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.
Using our site indicates that you accept these terms and conditions together with our Privacy Notice here and Terms of Use here, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, our Privacy Notice here or our Terms of Use here, do not use our site.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. If you live in the United States, please read this carefully. Do not use the services on this website, including purchasing any items, until and unless you have read these Terms & Conditions and have agreed to them.
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 customerservices@nastygal.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 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 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.
5. DELIVERY
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 American 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, Klarna and Afterpay. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
4. You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account.If you are using Klarna, such payment will be subject to additional terms between you and Klarna, available here. For more information about how Klarna will handle your personal data see their Privacy Policy, available here.If you are using Afterpay, such payment will be subject to additional terms between you and Afterpay, available here. For more information about how Afterpay will handle your personal data see their Privacy Policy, available here.
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 customerservices@nastygal.com 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. RETURNS
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. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER
1. IF YOU'RE A U.S. RESIDENT, YOU AND WE ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: WE BOTH AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS OR DISPUTES IN COURT OR BEFORE A JURY, EXCEPT FOR DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR INFRINGEMENTS OR OTHER VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR ANY CLAIMS FOR INDEMNIFCATION BROUGHT OR ALLEGED BY US AGAINST YOU PURSUANT TO CLAUSE 16 OF THESE TERMS AND CONDITIONS OF SALE OR CLAUSE 16 OF THE WEBSITE TERMS OF USE. WE ALSO BOTH GIVE UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM OR DISPUTE. ADDITIONALLY, OTHER RIGHTS YOU MAY HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. FOR CLARITY, THIS CLAUSE 16 REGARDING BINDING ARBITRATION AND RELATED RIGHTS AND RESTRICTIONS, INCLUDING GIVING UP RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION CLAIMS, IS APPLICABLE TO ALL CLAIMS AND DISPUTES BETWEEN YOU AND US, EXCEPT FOR ANY CLAIMS OR DISPUTES BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATIONS TO INDEMNIFY US PURSUANT TO THESE TERMS & CONDITIONS OF SALE OR PURSUANT TO THE WEBSITE TERMS OF USE. FOR MORE ABOUT CLAIMS BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, SEE CLAUSE 10 IN THE WEBSITE TERMS OF USE.
2. BY EXPRESSLY AGREEING TO THESE TERMS AND CONDITIONS OF SALE AND BY USING ANY SERVICES OF OUR SITE, YOU AGREE THAT, EXCEPT FOR ANY CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATION TO INDEMNIFY US, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
3. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
16. INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NASTY GAL LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES, FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES) AGAINST NASTY GAL LTD ARISING FROM, WITHOUT LIMITATION, (i) YOUR BREACH OF THESE TERMS AND CONDITIONS FOR ONLINE SALES, (ii) YOUR INFRINGEMENT OF ANY OF OUR INTELLECTUAL PROPERTY RIGHTS; (iii) YOUR INFRINGEMENT OF ANY OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, DEFAMATION OF SUCH PERSON OR ENTITY, OR VIOLATIONS OF SUCH PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, (iv) YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY OWED TO NASTY GAL LTD, OR (v) ANY FALSE STATEMENTS OR CLAIMS MADE BY YOU IN ANY FORM ABOUT NASTY GAL LTD OR ABOUT ITS PRODUCTS OR SERVICES. NOTE THAT THE ARBITRATION PROVISIONS OF CLAUSE 15 DO NOT APPLY TO ANY INDEMNIFICATION CLAIMS OR ACTIONS BROUGHT AGAINST YOU BY US PURSUANT TO THIS SECTION.
17. 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.
18. 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.
19. AFTER-SALES SERVICE
1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to customerservices@nastygal.com.
2. If you have any complaints these should be addressed in writing to Nasty Gal by email to customerservices@nastygal.com 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).
20. GIFT CARD TERMS AND CONDITIONS
By purchasing, using, or accepting a Nasty Gal e-gift card (e-gift card) (“Gift Card”), you agree to enter into a contract with Nasty Gal and to be bound by these Gift Cards Terms and Conditions (“Terms and Conditions”) together with our Privacy Notice and Website Terms of Use which are incorporated into these Terms and Conditions. Please read them all carefully before purchasing, using or accepting a Gift Card. By purchasing, using or accepting a Gift Card, you accept that your contract with us for the Gift Card will be governed by these Terms and Conditions together with our Privacy Notice and Website Terms of Use. “Nasty Gal / we / our” means Nasty Gal Limited. 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.Our Gift Cards are managed by Jigsaw Business Solutions Ltd (which is a limited company incorporated in England and Wales under company number 08663917) ("Jigsaw"). We may use Jigsaw and other third parties to perform any or all of our responsibilities relating to your Gift Card.
"You / your" means only the person who has purchased the Gift Card from us or is using the Gift Card. The Gift Cards are fully transferable to another person, but they may not be bartered or sold. If you designate another person to receive and use the Gift Card, you are authorising that person to use the Gift Card and any balance on that Gift Card. The recipient/user must create an account with us to use the Gift Card, and the use of the Gift Card by that recipient/user will be governed by these Terms and Conditions, including the Website Privacy Notice and Website Terms of Use
.
PURCHASING A GIFT CARD
You can purchase an e-gift card online here in the U.S. only and for use only by U.S. users. You can purchase up to five e-gift cards in any one transaction. E-gift cards cannot be purchased in conjunction with any other items on nastygal.com in the same transaction.E-gift cards may be purchased and activated for a minimum value of $5 and a maximum value of $500. E-gift cards are only available in U.S. Dollars. Payment for e-gift cards is accepted by debit card, credit card and PayPal. You cannot purchase an e-gift card using another Gift Card.
Payment on www.nastygalgiftcards.com will be taken by a third party company, Stripe, and will show on your bank statement as “Nasty Gal Gift Cards”.
E-GIFT CARD DELIVERY; TITLE, RISK OF LOSS
Once your Gift Card order has been approved by us and your payment to us has cleared for the full purchase value of your Gift Card, your Gift Card will be delivered to the email address you designate for delivery when completing your order. The email address you designate for delivery should be yours or the person you have designated to receive and use the Gift Card.The Gift Card will not be delivered until your payment to us has cleared for the full purchase value of the Gift Card.
Your Gift Card will be delivered to the designated recipient at the designed email address on the date the payment clears, unless you have designated a specific delivery date. If you have designated a specific delivery date, provided your payment has cleared by that date, the Gift Card will be delivered to the designed recipient at the designated email address on the specific date you designated for delivery when you placed your order. The specific delivery date you designatee for delivery when placing your order must be within 2 months of the date of your order. If your payment has not cleared by the specific date you designate for delivery, the Gift Card will be delivered after your payment has cleared.
Nasty Gal do not accept responsibility for any losses resulting from any e-gift card being delivered to an incorrect email address due to errors made by you within your order. You must therefore take extra care when entering details in your order.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or other designated recipient. Gift Cards can be purchased only from us, and you are responsible for protecting the Gift Card and PIN and for safeguarding your Gift Card from unauthorized use. We are not responsible for any unauthorized uses of your Gift Card.
REDEEMING A GIFT CARD
Your Gift Card can be used to make purchases online only at boohoonastygal.com in the U.S.A. Any purchases made using any amount on your Gift Card by you or by any other valid user/recipient are subject to these Terms and Conditions, as well as to our website Terms of Use and Privacy Notice, and anyone using a Gift Card to make a purchase at nastygal.com must agree to these Terms and Conditions and to our website Terms of Use and Privacy Policy. The amount on a Gift Card cannot be used to purchase items from any of Nasty Galboohoo’s affiliate brands, including boohoo, boohooman, prettylittlething, nastygal, misspap, karenmillen, coastfashion, warehouse, oasis, Dorothy Perkins, Wallis, Burton or Debenhams.To use any amount on a Gift Card, the user will be required to enter the 8-digit PIN at the point of purchase, which PIN can be found on the delivery email that is sent to the designed recipient. Up to five Gift Cards can be used in any one transaction.
To use any amount on a Gift Card, the user will be required to enter the 8-digit PIN at the point of purchase, which PIN can be found on the delivery email that is sent to the designed recipient. Up to five Gift Cards can be used in any one transaction.
If the entire amount on your Gift Card has not been spent, the remaining balance will be updated after every transaction and will remain on your Gift Card to use until the balance is fully redeemed.
The amount on your Gift Card can be used towards the purchase amount of items that are priced higher than the balance of your Gift Card, provided that you or the user making the transaction also pay the difference for such items using one of our prescribed payment methods.
LIMITATIONS ON USE
Your Gift Card balance cannot be used to purchase other Gift Cards, prepaid open loop cards, or any third-party gift cards. Gift Cards cannot be reloaded, resold, used for payment outside of nastygal.com in the U.S., redeemed for more than face value, transferred for value, redeemed for cash, returned for a cash refund (expect to the extent required by law), used in any way that is unlawful or fraudulent, or used in a manner prohibited by our Terms and Conditions. Also, Gift Cards may not be applied to the purchase of goods or services at any store or property outside of the United States.GIFT CARD EXPIRATION
Your Gift Card will have no expiration date. The balance on any validly purchased Gift Card does not expire, and may be redeemed by a valid and eligible recipient and applied towards eligible purchases at any time.CHECK BALANCE
Your e-gift card balance can be checked online here.RETURNING ITEMS PURCHASED WITH AN E-GIFT CARD
If you or the designated recipient of the Gift Card have purchased items with a Gift Card, but then subsequently return the items and are entitled to a refund for them in accordance with our general Website Terms of Use, any money owing by us for the refund will be added to the remaining balance on the Gift Card (for any purchase amount originally taken from your Gift Card), or refunded to the other prescribed payment method used to pay us (for any purchase amount originally taken from another prescribed payment method other than the Gift Card).CORRUPTED, DELETED, LOST, STOLEN, DESTROYED, DAMAGED OR USED GIFT CARDS
Nasty Gal shall not be responsible if a Gift Card is corrupted, deleted, lost, stolen, destroyed or damaged or used (as applicable) without permission. We reserve the right to refuse to accept a Gift Card which we deem to have been duplicated, tampered with, damaged or otherwise suspect has been affected by fraud.We cannot be held responsible for Gift Cards that cannot be delivered due to the recipient’s spam filters, firewalls, capacity of the mailbox, and any other factors outside our control.
Nasty Gal is unable to replace Gift Card(s) if lost, stolen, destroyed or damaged.
Please realize that there are a number of Gift Card scams that request payment by gift card. We are not responsible for, and we assume no liability to you for, any unlawful conduct or fraud by any third party associated with any gift card scams, illegal activities, or otherwise.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR ANY BALANCE ON ANY GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL OR OTHERWISE DEFECTIVE, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.DISPUTES
Any dispute or claim relating in any way to our Gift Cards shall be resolved by the dispute resolution provisions in our Website Terms of Use.GENERAL
Gift Cards and their balance cannot be returned or refunded, in whole or in part, except in accordance with your statutory legal rights or as otherwise required by applicable law. Gift Cards and their balance cannot be resold, exchanged for cash or vouchers, except where required by law, or transferred for any value by you or anyone else other than for purchasing items from nastygal.com in the U.S.A. only. No fees apply to the purchase or use of any Gift Cards.We reserve the right to require additional verification of your identity or Gift Card or account ownership, or provision of an additional payment instrument before you are able to apply a Gift Card to an eligible purchase.
When you purchase, receive, or apply a Gift Card to an eligible purchase, you agree to the governing laws, jurisdiction, and venue as stated in the Website Terms of Use.
We reserve the right to cancel any order for your Gift Card and refund any monies you have paid to us if we discover any pricing or other errors in relation to the order prior to the time of dispatch. We will contact you in these circumstances and will give you the opportunity to place a new order. Your refund will be processed within 5 working days.
We reserve the right to cancel any order made using any balance on your Gift Card and will refund any monies redeemed and paid to us from your Gift Card back to a new Gift Card if we discover any pricing or other errors in relation to the order prior to the time of dispatch. We will contact you in these circumstances and will give you the opportunity to place a new order using a new Gift Card. Your refund will be processed within 5 working days.
We reserve the right to terminate your order for your Gift Card, if we believe you have breached any of these Terms and Conditions or if we suspect fraudulent activity. We also reserve the right to terminate any order made using any balance on your Gift Card, if we believe you (or the person placing the order) has breached any of these Terms and Conditions or if we suspect fraudulent activity. If we terminate your order we will refund the sums you have paid to us within 5 working days, less any costs directly incurred by us as a consequence of your breach of these Terms and Conditions.
We reserve the right to change or add to these Terms and Conditions for security, legal or regulatory requirements. We will give you at least one month’s notice of any such changes or additions.
If you require further information about our Terms and Condition, or your use of your Gift Card, please contact a member of our customer services team at: groupcomplaints@boohoo.com
PRICING POLICY
Our percentage off promotions, discounts, or sale markdowns are customarily based on our own opinion of the value of this product, which is not intended to reflect a former price at which this product has sold in the recent past. This amount represents our opinion of the full retail value of this product today based on our own assessment after considering a number of factors. That’s why before checking out with your new Nasty, it’s important to acknowledge that you understand this.
PROMOTION TERMS AND CONDITIONS
Official 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.Terms and Conditions relating to Nasty Gal Survey – Chance to win $500 voucher
The promoter of Nasty Gal Survey – Chance to win $500 voucher ("Prize Draw") is Nasty Gal Limited of 49/51 Dale Street, Manchester M1 2HF ("Promoter").
1. Eligibility
1.1. This Prize Draw is open to individuals US aged over 18 years or over, except for employees of the Promoter, their immediate family, sponsors of the Prize Draw and their employees who are directly associated with the administration of the Prize Draw.
1.2. Individuals who are under the age of 18 must have the consent of a parent or guardian over 18 to enter the Prize Draw. The Promoter reserves the right to obtain proof of such consent and to refuse entry or to choose another winner if such proof, where requested, has not been given.
1.3. All Entries by the entrant must be submitted by completing the survey and entering a valid email address upon completion.
2. The Competition
2.1. The title of the competition is Nasty Gal Survey – Chance to win $500 voucher.
3.How to enter
3.1. To enter the Prize Draw entrants must:
3.1.1. Complete the email survey and enter a valid email address in the box provided (“Entry” or “Entries”).
3.2. Entries must be made between 3pm (PST) on 13.01.23 and 3pm (PST) on 17.01.23 ("Prize Draw Period") to be valid.
3.3. Entries received after the end of the Prize Draw Period will not be valid.
3.4. No bulk, third party or automated entries are permitted.
3.5. All entrants (including the winner) must comply with any reasonable directions given to him or her by the Promoter in connection with the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
4.Winner selection and contact
4.1. The winner of the Prize Draw will be announced via email on 19.01.23 (“Announcement Date”).
4.2. The winner will be selected by random selection via electronic means. The decision of the Promotor shall be final. No correspondence will be entered into in respect of any decision made in connection with this Prize Draw.
4.3. The Promoter will contact the winner personally as soon as practicable after the Announcement Date, using the email address provided with the competition entry (“Winner”). The Promoter will ask the Winner to provide further details in relation to the Prize (the “Details”). The Winner must provide the Details in order to claim the Prize.
4.4. If any Winner fails to provide their Details to the Promoter within 48 hours of the Promoter contacting the winner and asking them to provide the Details in accordance with clause 3.3 then the Promoter acting in its absolute discretion may:
4.4.1. make further attempts to contact that Winner; and/or
4.4.2. withdraw the Prize from that Winner.
4.5. If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter, the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a new Winner by random selection in accordance with this clause 4.2.
5. Prize
5.1. The prize is a $500 Nasty Gal voucher ("Prize").
5.2. The Prize is subject to availability.
5.3. The Prize is non-transferable and non-refundable and the Winners cannot request any alternative prize (cash or otherwise).
5.4. There will be 1 winner announced.
6.Winner publicity
6.1. The Promoter reserves the right to publish the Winner's name and Entry on the Promoter’s official social media accounts, including Twitter, Instagram and Facebook and on its website found at www.boohoo.com.
6.2. By entering the Prize Draw, if you are a Winner you agree to your Entry being published in accordance with clause 6.1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.
7.Entry requirements
7.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Prize Draw or Promoter into disrepute will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.
7.2. The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its Twitter or Instagram pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.
8.Use and display of Entries and copyright
8.1. The copyright subsisting in the Entry must belong to the entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries. If an Entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.
8.2. By submitting an Entry:
8.2.1. you licence and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s website, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;
8.2.2. you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
8.2.3. you acknowledge that third parties will have access to and will be able to republish your Entry in accordance with the terms of use of the social media platform through which your Entry is submitted.
9. Liability
9.1. Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for:
9.1.2. any personal property;
9.1.3. any loss of enjoyment or wasted expenditure;
9.1.4. any system failures or malfunctions of any third party websites;
9.1.5. any incomplete, lost, delayed or late Entries;
9.1.6. any failure to fulfil obligations of any third parties involved in this Prize Draw;
9.1.7. any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw howsoever arising from participating in the Prize Draw;
9.1.8. communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Prize Draw;
9.1.9. inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
9.1.10. any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
9.1.11. if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorised intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or
9.1.12. any other matter outside of their reasonable control.
9.3. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
9.4. The Winners agree to indemnify and keep indemnified the Promoter, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
9.4.1. their Entry into this Prize Draw; and/or
9.4.2. their receipt and use of any Prize.
10. General
10.1. The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter via its website.
10.2. By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your Entry.
10.3. Any person who provides their Details to the Promoter in connection with this Prize Draw accepts:
10.3.1. these Terms and Conditions; and
10.3.2. the use of their personal data by the Promoter:
10.3.2.1. for the purpose of administration of the Prize Draw (including publishing the names of the Winners and any administration relating to the Prize); and
10.3.2.2. any other purpose for which they have consented.
10.4. 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 at https://www.nastygal.com/page/privacy-notice.html
10.5. Without prejudice to clause 7.1, the Promoter reserves the right to exclude any Entry from the Prize Draw if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
10.6. No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
10.7. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
10.8. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
10.9. No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
10.10. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.11. For the names of the Winners or for a copy of these Terms and Conditions please send a stamped addressed envelope together with your written request to Nasty Gal Survey – Chance to win $500 voucher, Nasty Gal Marketing, 49-51 Dale Street, Manchester, M1 2HF.
10.12. The Prize Draw, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Prize Draw or these terms.
Terms and Conditions relating to $300 Voucher Sign Up Incentive
The promoter of Nasty Gal $300 Voucher Sign Up Incentive ("Prize Draw") is Nasty Gal Limited of 49/51 Dale Street, Manchester M1 2HF ("Promoter").
1. Eligibility
1.1. This Prize Draw is open to individuals in US aged over 18 years or over who qualify as Entrants in line with clause 3, except for employees of the Promoter, their immediate family, sponsors of the Prize Draw and their employees who are directly associated with the administration of the Prize Draw.
1.2. All Nasty Gal customers who have signed up to marketing emails via the onsite pop up between the period (20th September 2022-26th September 2022) will automatically be entered into the competition.
2. The Competition
2.1. The title of the competition is Nasty Gal $300 Voucher Sign Up Incentive.
3. Entry Requirements
3.1. To be entered into the Prize Draw entrants must:
3.1.1. Have opted-in to Nasty Gal email marketing via the onsite pop up between 2am PDT 20th September 2022 and 12am PDT 26th September 2022. (“Entry” or “Entries”).
3.2. No bulk, third party or automated entries are permitted.
3.3. Entries received after the end of the Prize Draw Period will not be valid.
3.4. All entrants (including the winner) must comply with any reasonable directions given to him or her by the Promoter in connection with the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
4.Winner selection and contact
4.1. The winner of the Prize Draw will be announced on 05/09/2022 (“Announcement Date”).
4.2. The winner will be selected by random selection via electronic means. The decision of the Promotor shall be final. No correspondence will be entered into in respect of any decision made in connection with this Prize Draw.
4.3. The Promoter will contact the winner personally as soon as practicable after the Announcement Date, using the email address associated with the customer’s account (“Winner”). The Promoter will ask the Winner to provide further details in relation to the Prize (the “Details”). The Winner must provide the Details in order to claim the Prize.
4.4. If any Winner fails to provide their Details to the Promoter within 48 hours of the Promoter contacting the winner and asking them to provide the Details in accordance with clause 3.3 then the Promoter acting in its absolute discretion may:
4.4.1. make further attempts to contact that Winner; and/or
4.4.2. withdraw the Prize from that Winner.
4.5. If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter, the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a new Winner by random selection in accordance with this clause 4.3.
5. Prize
5.1. The prize is a $300 Nasty Gal Voucher ("Prize").
5.2. The Prize is subject to availability.
5.3. The Prize is non-transferable and non-refundable and the Winners cannot request any alternative prize (cash or otherwise).
5.4. There will be one Winner announced.
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.Winner publicity
7.1. The Promoter reserves the right to publish the Winner's name and Entry on the Promoter’s official social media accounts, including Twitter, Instagram and Facebook and on its website found at www.nastygal.com.
7.2. By entering the Prize Draw, if you are a Winner you agree to your Entry being published in accordance with clause 6.1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.
8.Use and display of Entries and copyright
8.1. The copyright subsisting in the Entry must belong to the entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries. If an Entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.
8.2. By submitting an Entry:
8.2.1. you licence and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s website, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;
8.2.2. you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
8.2.3. you acknowledge that third parties will have access to and will be able to republish your Entry in accordance with the terms of use of the social media platform through which your Entry is submitted.
9. Liability
9.1. Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for:
9.1.2. any personal property;
9.1.3. any loss of enjoyment or wasted expenditure;
9.1.4. any system failures or malfunctions of any third party websites;
9.1.5. any incomplete, lost, delayed or late Entries;
9.1.6. any failure to fulfil obligations of any third parties involved in this Prize Draw;
9.1.7. any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw howsoever arising from participating in the Prize Draw;
9.1.8. communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Prize Draw;
9.1.9. inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
9.1.10. any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
9.1.11. if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorised intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or
9.1.12. any other matter outside of their reasonable control.
9.3. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
9.4. The Winners agree to indemnify and keep indemnified the Promoter, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
9.4.1. their Entry into this Prize Draw; and/or
9.4.2. their receipt and use of any Prize.
10. General
10.1. The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter via its website.
10.2. By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your Entry.
10.3. Any person who provides their Details to the Promoter in connection with this Prize Draw accepts:
10.3.1. these Terms and Conditions; and
10.3.2. the use of their personal data by the Promoter:
10.3.2.1. for the purpose of administration of the Prize Draw (including publishing the names of the Winners and any administration relating to the Prize); and
10.3.2.2. any other purpose for which they have consented.
10.4. 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 at https://www.nastygal.com/page/privacy-notice.html
10.5. 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.
10.6. No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
10.7. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
10.8. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
10.9. No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
10.10. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.11. For the names of the Winners or for a copy of these Terms and Conditions please send a stamped addressed envelope together with your written request to Nasty Gal $300 Voucher Sign Up Incentive, Nasty Gal Marketing, 49-51 Dale Street, Manchester, M1 2HF.
10.12. The Prize Draw, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Prize Draw or these terms.
TERMS OF WEBSITE USE
These Terms of Use, together with the policies and terms referred to below, set out the rules for using www.nastygal.com (“our site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, shopping on or registering to use our site.Please read these Terms of Use carefully before you start to use our site. We recommend that you print and keep a copy of these Terms of Use for future reference.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. If you live in the United States, please read this carefully. Do not use the services on this website, including purchasing any items, until and unless you have read these Terms & Conditions and have agreed to them.
By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our site.
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.
Our Privacy Notice here (which sets out the terms on which We process your personal data) and our Cookie Policy here (which sets out information about the cookies on our site) will also apply to your use of our site.
Changes to these Terms of Use
We may revise these Terms of Use at any time by amending this page. Every time you wish to use our site, please check these Terms of Use to ensure you understand the terms that apply at that time..
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.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
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.
We have the right to disable any user identification code, password or account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customerservcies@nastygal.com.
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.
You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms of Use.
Breach of any of these conditions of use of our site constitutes a material breach of these Terms of Use.
Interactive services
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.
We may, from time to time, if We consider it appropriate, moderate any interactive service provided on our site. However, We are under no obligation to do so. Moderation may be carried out automatically and/or manually, by us or by a third party on our behalf. Any content posted on our site by users through any interactive service does not necessarily reflect the opinions, views, values or ideals of Nasty Gal Limited or our personnel. We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these Terms of Use, whether the service is moderated or not.
If you wish to complain about information or materials uploaded to our site by other users please contact us on customerservices@nastygal.com.
Content standards
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.
Failure to comply with these content standards constitutes a material breach of these Terms of Use. You will be responsible and will compensate us for any loss or damage We suffer as a result of you breaching these content standards.
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.
If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
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.
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;
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or inability to use our site, or use of or reliance on any content displayed on our site; and
• We will not be liable for:
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.
DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER
1. IF YOU'RE A U.S. RESIDENT, YOU AND WE ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: WE BOTH AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS OR DISPUTES IN COURT OR BEFORE A JURY, EXCEPT FOR DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR INFRINGEMENTS OR OTHER VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR ANY CLAIMS FOR INDEMNIFCATION BROUGHT OR ALLEGED BY US AGAINST YOU PURSUANT TO CLAUSE 16 OF THESE WEBSITE TERMS OF USE AND CLAUSE 16 OF THE TERMS AND CONDITIONS FOR SALE WE ALSO BOTH GIVE UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM OR DISPUTE. ADDITIONALLY, OTHER RIGHTS YOU MAY HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. FOR CLARITY, THIS CLAUSE 16 REGARDING BINDING ARBITRATION AND RELATED RIGHTS AND RESTRICTIONS, INCLUDING GIVING UP RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION CLAIMS, IS APPLICABLE TO ALL CLAIMS AND DISPUTES BETWEEN YOU AND US, EXCEPT FOR ANY CLAIMS OR DISPUTES BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATIONS TO INDEMNIFY US PURSUANT TO THE TERMS & CONDITIONS OF SALE OR PURSUANT TO THESE TERMS. FOR MORE ABOUT CLAIMS BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, SEE CLAUSE 10 OF THESE TERMS.
2. BY EXPRESSLY AGREEING TO THESE TERMS AND BY USING ANY SERVICES OF OUR SITE, YOU AGREE THAT, EXCEPT FOR ANY CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATION TO INDEMNIFY US, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
3. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
4. The arbitrator will have exclusive authority to resolve any disputes relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, or any part of it, or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
5. We will be responsible for paying any individual consumer’s initial arbitration fees. But, unless any of the claims brought affords the prevailing party an award of attorneys’ fees, and the arbitrator makes a determination to award reasonable fees to the prevailing party under the fee-shifting provided by applicable law, each party will bear its/his/her own attorneys’ fees.
6. You agree to an arbitration on an individual basis. In other words, in any dispute or resolution of claim, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES OR CUSTOMERS IN COURT OR IN ARBITRATION, OTHERWISE PARTICIPATE IN ANY CLAIM BROUGHT AS A CLASS ACTION OR CLASS ARBITRATION, OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You and We agree that the arbitrator or arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator or arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may be raised only in a court of competent jurisdiction.
7. If any provision of this arbitration agreement set forth in this Section 15 is found to be unenforceable or otherwise void or invalid, the unenforceable, void, or invalid provision will be severed from this Section, and the remaining arbitration terms will be enforced.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NASTY GAL LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES, FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES) AGAINST NASTY GAL LTD ARISING FROM, WITHOUT LIMITATION, (i) YOUR BREACH OF THESE TERMS AND CONDITIONS FOR ONLINE SALES, (ii) YOUR INFRINGEMENT OF ANY OF OUR INTELLECTUAL PROPERTY RIGHTS; (iii) YOUR INFRINGEMENT OF ANY OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, DEFAMATION OF SUCH PERSON OR ENTITY, OR VIOLATIONS OF SUCH PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, (iv) YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY OWED TO NASTY GAL LTD, OR (v) ANY FALSE STATEMENTS OR CLAIMS MADE BY YOU IN ANY FORM ABOUT NASTY GAL LTD OR ABOUT ITS PRODUCTS OR SERVICES. NOTE THAT THE ARBITRATION PROVISIONS OF CLAUSE 15 DO NOT APPLY TO ANY INDEMNIFICATION CLAIMS OR ACTIONS BROUGHT AGAINST YOU BY US PURSUANT TO THIS SECTION.
Our rights
If We determine, in our discretion, that there has been a breach of these Terms of Use, We may take such action as We deem appropriate, which may include issuing a warning to you, withdrawing your right to use our site, taking legal proceedings against you and/or disclosing such information to law enforcement authorities as We reasonably feel is necessary.
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.
If you wish to make any use of content on our site other than permitted in these Terms of Use, please contact customerservices@nastygal.com.
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.
Applicable law
Please note that these Terms of Use or any dispute or claim arising out of or in connection with them or use of our site (whether or not contractual) shall be governed by English law. If you are a consumer, your use of our site 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
If you are a consumer, you and We both agree that the courts of England and Wales shall have non-exclusive jurisdiction over any dispute or claim arising from, or related to, these Terms of Use or use of our site (including non-contractual disputes or claims), save that nothing shall limit your legal rights to bring actions against us or to require proceedings to take place in the place of your residence.
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.
Contact us
If you wish to contact us in respect of our site, please contact us at customerservices@nastygal.com.
Thank you for visiting our site.
We're bummed things didn't work out for you, but here's the good news: you get 45 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.
Introduction
Here at nastygal.com UK Ltd (‘nastygal’) we are committed to protecting and respecting the privacy of your personal data. This privacy notice explains how your data is collected, used, transferred and disclosed by Nasty Gal. It applies to data collected when you use our websites, iOS and android applications, when you interact with us through social media, email, or phone, or when you participate in our competitions or events. It covers:
- 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
Nasty Gal was founded by Sophia Amoruso 15 years ago in a tiny San Francisco apartment stacked with killer vintage discoveries, a single laptop, and an eBay account. Today, Nasty Gal is a bold and distinctive brand for fashion-forward, free-thinking young women, and is recognized as a pioneer in both the curation and design of limited edition women's clothing, shoes, and accessories. The company has a global presence in 180 countries and a social media following of over 7.37 million. The Nasty Gal group acquired Nasty Gal in February 2017, adding to their existing portfolio of fashion brands: Nasty Gal, boohooMAN and PrettyLittleThing
Our commitment to you
We take the protection of your personal data seriously and will process your personal data fairly, lawfully and transparently. This privacy notice describes the personal data we are collecting about you and how it is used
We will only collect and use your personal data for the following purposes, to:
- fulfil your order(s)
- fulfil orders made on your behalf (e.g., e-gift card orders)
- communicate with you following a "refer a friend" nomination
- keep you up to date with the latest offers and trends and to provide you with information about your account and orders
- give you a better shopping experience
- help us to make our marketing more relevant to you and your interests
- improve our products and services
- meet our legal responsibilities
- provide and personalize our website and applications
- support, develop, troubleshoot, and debug our website and applications
- provide you with information, products, or services that you request from us
- create, maintain, customize, and secure your account with us
- help maintain the safety, security, and integrity of our websites, applications, products and services, databases and other technology assets, and business, including to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
- debug to identify and repair errors that impair existing intended functionality in our websites or applications
- internally test, research, analyze, and develop our products and services, including to develop and improve our websites and applications, and to develop, improve, or demonstrate our products and services
- carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including our terms of use or terms of sale
- fulfill any other purpose for which you provide it.
We will also use your personal information in any other way we may describe when you provide the information or for any other purpose with your consent.
How we keep your data safe and secure
We have appropriate organisational safeguards and security measures in place to protect your data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. 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
Personal data means any information about an individual from which that person can be identified. It does not include anonymised data, where the identity and identifying information has been removed. 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.
- Usage Data includes information such as: how and when you use our website/app, how you moved around it, what you searched for; website/app performance statistics, traffic, location, weblogs and other communication data; loyalty programme activities; and details of any other Nasty Gal products and services used by you.
- Marketing and Communications Data includes information such as: your preferences in receiving marketing from us and our third parties and your communication preferences.
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
We may collect personal data about you in the following ways:
- 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 the “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 Cookie Policy 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.
Marketing preferences, adverts and cookies Marketing - your preferences
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 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.
How we use your data
The legal basis for processing your personal 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
Your personal data is used by Nasty Gal to support a range of different activities. These are listed in the table below together with the types of data used and the legal bases we rely on when processing them, including where appropriate, our legitimate interests. Please be aware that we may process your personal data using more than one lawful basis, depending on the specific activity involved. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
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). |
|
|
(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) 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. |
|
|
To enable you to take part in a competition, event, survey, or receive a reward for shopping with us. |
|
|
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. |
|
|
To deliver relevant website content, online advertisements and information for you; and measure the effectiveness of the advertising provided. |
|
|
To use data analytics to: improve our website, products, services, marketing, customer relationships and experiences; and for market research, statistical and survey purposes. |
|
|
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. |
|
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. |
|
|
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. |
|
|
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 at DPO@Nastygal.com.
How long we keep your data for
We will keep your personal data for no longer than is necessary for the purpose(s) it was provided for and to meet our legal obligations. Further details of the periods for which we retain data are available on request.
Marketing preferences, adverts and cookies
Marketing - your preferences
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 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.
Cookies
Our website uses cookies to distinguish you from other users of our website and to keep track of your visits. They help us to provide you with the very best experience when you browse our website and to make improvements to our website. They also help us and our advertising networks to make advertising relevant to you and your interests.
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.
For detailed information on the cookies which we and our third-party providers use and the reasons why we use them, please refer to our Cookie Policy.
Online ads
We use online advertising to keep you aware of what we’re up to and to help you find our products. Like many companies, we may target Nasty Gal banners and ads to you when you use other websites and apps, based on your Contact, Technical, Usage and Profile Data. We do this using a variety of digital marketing networks and ad exchanges, and a range of advertising technologies such as web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks, such as Facebook’s Custom Audience Service.
Our use of analytics and targeted advertising tools
We use a range of analytics and targeted advertising tools to display relevant website content on our website and online advertisements on other websites and apps (as described above) to you, deliver relevant content to you in marketing communications (where applicable), and to measure the effectiveness of the advertising provided. For example, we use tools such as Google Analytics to analyse Google's interest-based advertising data and/or third-party audience data (such as age, marital status, life event, gender and interests) to target and improve our marketing campaigns, marketing strategies and website content. We may also use tools provided by other third parties, such as Facebook, Content Square, Adroll, Responsys, Criteo and Bing to perform similar tasks, using your Contact, Technical, Usage and Profile Data.
In order to opt out of targeted advertising you need to disable your ‘cookies’ in your browser settings (see Cookie Policy for details) or opt-out of the relevant third-party Ad Settings. For example, you can opt-out of the Google Display Advertising Features using their . As an added privacy measure, you can also use the .
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.
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.
Links to other websites and third parties
Our website may include links to and from the websites of our partner networks, advertisers and affiliates, or to social media platforms. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to their websites.
How we share your data
We may disclose and share your personal data with the parties set out below:
- 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 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, Adyen, Paypal, and in certain regions, Klarna, Laybuy, Clearpay and Zip (please see T&C’s https://www.klarna.com/uk/terms-and-conditions/ / https://www.clearpay.co.uk/en-GB/terms-of-service / https://www.laybuy.com/uk/consumer-terms https://zip.co/uk/terms-conditions/for more information) to process your payment to us. Nasty Gal does not store your payment information. Your payment details are provided to the payment processing service you have selected, who are required to comply with applicable regulations and data protection laws. Please refer to the privacy policy of the relevant provider for details of how they process your personal data;
- services and to provide marketing and advertising services;
- third party service providers that we engage to deliver and process your e-gift card orders and e-gift card payment (including Jigsaw Business Solutions Ltd and Stripe Payments UK Ltd)
- 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, boohoo group companies and website from fraud and theft, we may 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 other boohoo group companies and with third party organisations (including law enforcement agencies), involved in fraud prevention and detection and credit risk reduction. Please note that the other boohoo group companies and these third parties may retain a record of the information that we provide to them for this purpose;
- 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
- 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.
Worldpay
Worldpay are the data controller in respect of the Personal Information that you give to them (and which they hold about you) when you sign up for, access, or use services, features, technologies or functions offered on the Worldpay website (including when using Worldpay to pay for goods or services offered on the Nasty Gal website) and in relation to Personal Information collected during the course of business as set out in their Privacy Policy which can be found on their website at https://www.worldpay.com/
Do Not Track Signals
We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
Accessing, Correcting, and Deleting Your Personal Data
You can review and change your personal data by logging into your account and visiting your account profile page. You may also send us an email at DPO@Nastygal.com to request access to, correct or delete any personal data that you have provided to us. We cannot delete your personal data except by also deleting your user account. We may not accommodate a request to change or delete your personal data if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect.
Jurisdiction-Specific Privacy Rights
The law in some jurisdictions may provide you with additional rights regarding our use of personal data. To learn more about any additional rights that may be applicable to you as a resident of one of these jurisdictions, please see the privacy addendum for your state that is attached to this privacy notice.
Use of Chat Transcripts
We use transcriptions we record and retain from your chat session to provide you with support and respond to your inquiries, and to help develop and improve our products and services. Our chat service may be provided by a third-party service, however we do not control these third parties’ technology. If you have questions about the use of the chat service, you should contact the chat provider directly. Your chat transcript will be made available to you and we may also share for the above purposes with our subsidiaries and affiliates, and with contractors, service providers, and other third parties we use to support our business..
Your California Privacy Rights
If you are a resident of California, you have the additional rights described in the Privacy Notice Addendum for California Residents.
Your GDPR Privacy Rights
If you are a resident of the European Economic Area, Switzerland, or the United Kingdom, you have the additional rights described in our GDPR Privacy Addendum.
Changes to this privacy notice
From time to time we may change this privacy notice. 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 your data.
Please send any questions, comments or requests for more information to our nominated representative and Data Protection Officer, who can be contacted at DPO@Nastygal.com..
This privacy notice was last updated on 1st January 1, 2023 (Version v1.11).
Nasty Gal Limited,
Registered Company Number: 10487954,
UK VAT Number: 185 4874 61.
GDPR PRIVACY ADDENDUM
This GDPR Privacy Addendum (the “GDPR Privacy Addendum”) supplements the information contained in our privacy notice and applies solely to customers and users of our websites, iOS and android applications, individuals who interact with us through social media, email, or phone, and individuals that participate in our competition and events that are located in the European Economic Area, the United Kingdom, or Switzerland. We adopt this GDPR Privacy Addendum to comply with the European Union’s General Data Protection Regulation, and any laws implementing the foregoing by any member states of the European Economic Area, the United Kingdom (including the UK Data Protection Act and the UK-GDPR), and or Switzerland (collectively, the “GDPR”). Unless otherwise defined in this GDPR Privacy Addendum, any terms defined in the GDPR or our privacy notice have the same meaning when used in this GDPR Privacy Addendum. When this GDPR Privacy Addendum is applicable to you, it takes precedence over anything contradictory in our privacy notice.
Data Controller and Data Protection Officer
Nasty Gal Ltd, of 49-51 Dale Street, Manchester M1 2HF (collectively referred to as “Nasty Gal”, “we”, “us” and “our” in this privacy notice) is the controller and responsible for your personal data collected through the www.nastygal.com website (the “website”) and Nasty Gal app (the “app”). Details of our Data Protection Officer responsible for overseeing questions in relation to this privacy notice and our details are set out in the “How to Contact Us” section at the end of this notice.
Information We Collect About You and How We Collect It
The Personal Data we collect and the ways in which we collect it is described in our privacy notice. The personal data we collect from you is required to enter into a contract with Nasty Gal, for Nasty Gal to perform under the contract, and to provide you with our products and services. If you refuse to provide such personal data or withdraw your consent to our processing of personal data (when appropriate), then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.
The legal basis for processing your personal 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
Your personal data is used by Nasty Gal to support a range of different activities. These are listed in the table below together with the types of data used and the legal bases we rely on when processing them, including where appropriate, our legitimate interests. Please be aware that we may process your personal data using more than one lawful basis, depending on the specific activity involved. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
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). |
|
|
(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) 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. |
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|
To enable you to take part in a competition, event, survey, or receive a reward for shopping with us. |
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|
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. |
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To deliver relevant website content, online advertisements and information for you; and measure the effectiveness of the advertising provided. |
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|
To use data analytics to: improve our website, products, services, marketing, customer relationships and experiences; and for market research, statistical and survey purposes. |
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|
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. |
|
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. |
|
|
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. |
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|
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 at DPO@nastygal.com.
Your Rights
You have several rights under the data privacy legislation. This includes, under certain circumstances, the right to:
- 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
You have the right to obtain a copy of the personal data we hold about you and certain information relating to our processing of your personal data.
Request correction of your personal data
You are entitled to have your personal data corrected if it is inaccurate or incomplete. You can update your personal data at any time by logging into your account and updating your details directly, or by emailing us at DPO@Nastygal.com.
Request erasure of your personal data
This enables you to request that Nasty Gal delete your personal data, where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Request restriction of processing of your personal data
You have a right to ask Nasty Gal to suspend the processing of your personal data in certain scenarios, for example if you want us to establish the accuracy of the data, or you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Where processing is restricted, we are allowed to retain sufficient information about you to ensure that the restriction is respected in future.
Request the transfer of your personal data
You have the right to obtain a digital copy of your personal data or request the transfer of your personal data to another company. Please note though that this right only applies to automated data which you initially provided consent for us to use or where we used the data to perform a contract with you.
Object to processing of your personal data
You have the right to object to the processing of your personal data where we believe we have a legitimate interest in processing it (as explained above). You also have the right to object to our processing of your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your data which override your rights and freedoms.
Request human intervention for automated decision making and profiling
You have the right to request human intervention where we are carrying out automated decision making when processing your personal data. This form of processing is permitted where it is necessary as part of our contract with you, providing that appropriate safeguards are in place or your explicit consent has been obtained.
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@Nastygal.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.
Your data and countries outside of Europe
The personal data we collect from you may be transferred to, and stored at, destinations outside the European Economic Area ("EEA") using legally-provided mechanisms to lawfully transfer data across borders. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. We will take all steps necessary to ensure that your data is treated securely and in accordance with this privacy notice. 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 at 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.
How long we keep your data for
We will keep your personal data for no longer than is necessary for the purpose(s) it was provided for and to meet our legal obligations. Further details of the periods for which we retain data are available on request.
Changes to this GDPR Addendum
From time to time we may change this GDPR Addendum. 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 your data.
Please send any questions, comments or requests for more information to our nominated representative and Data Protection Officer, who can be contacted at DPO@Nastygal.com..
This privacy notice was last updated on 1st January 2023 (Version v1.11)
To contact us:
In The United Kingdom: Nasty Gal Limited, 49-51 Dale Street, Manchester M1 2HF Registered Company Number: 10487954, UK VAT Number: 185 4874 61.
In the European Union: eudataprotection@boohoo.com
Privacy Notice Addendum for California Residents
Effective Date: 1st January 2023
Last Reviewed on: 1st January 2023
This Privacy Notice Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in Nasty Gal’s privacy notice and describes our collection and use of Personal Information (as defined below). This California Privacy Addendum applies solely to all visitors, users, and others who reside in the State of California (“Consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”) and any terms defined in the CPRA have the same meaning when used in this notice.
Scope of this California Privacy Addendum
This California Privacy Addendum applies to information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your device (“Personal Information”) that we collect when you use our websites, iOS and android applications, when you interact with us through social media, email, or phone, or when you participate in our competitions or events. It also applies to your Personal Information to the extent that someone has nominated you through our "refer a friend" function or purchased an e-gift card on your behalf. However, publicly available information that we collect from government records and deidentified or aggregated information (when deidentified or aggregated as described in the CPRA) are not considered Personal Information and this California Privacy Addendum does not apply.
This California Privacy Addendum does not apply to employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals (“Personnel”). Please contact your local human resources department if you are part of our California Personnel and would like additional information about how we process your Personal Information.
Information We Collect About You and How We Collect It
Nasty Gal collects, and over the prior twelve (12) months have collected, the following categories of Personal Information about Consumers:
Personal Information Category | Sold or Shared | Categories of Third Parties To Whom Your Personal Information is Sold or Shared |
---|---|---|
A. Identifiers. | Sold and Shared | Business partners, Internet cookie information recipients, such as analytics and behavioral advertising services. |
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | Shared | Business partners |
C. Protected classification characteristics under California or federal law. | Shared | Business partners |
D. Commercial information. | Shared | Business partners |
F. Internet or other similar network activity. | Sold and Shared | Advertisers and advertising networks, Internet cookie information recipients, such as analytics and behavioral advertising services. |
G. Geolocation data. | No | N/A |
H. Sensory data. | No | N/A |
K. Inferences drawn from other Personal Information. | Shared | Business partners |
Nasty Gal will not collect additional categories of Personal Information without providing you notice.
Sources of Personal InformationWe collect Personal Information about you from the sources described in our privacy notice.
Purposes for Our Collection of Your Personal InformationThrough the use of cookies on our websites and applications, we may use, “sell” for monetary or other valuable consideration, “share” for the purposes of cross-context behavioral advertising, or disclose the Personal Information we collect and, over the prior twelve (12) months, have used, “sold” for monetary or other valuable consideration, “shared” for the purpose of cross-context behavioral advertising, or disclosed the Personal Information we have collected, for the purposes described in our privacy notice. Nasty Gal will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Third Parties to Whom Do We Disclose Your Personal Information for Business PurposesWhen we disclose Personal Information to non-affiliated third-parties for a business purpose, we enter a contract that describes the purpose, requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes for which the Personal Information was disclosed and requires the recipient to otherwise comply with the requirements of the CPRA. In the preceding twelve (12) months, Nasty Gal has disclosed the following categories of Personal Information for one or more of the business purposes described below to the following categories of third parties:
Personal Information Category | Categories of Non-Service Provider and Non-Contractor Third Party Recipients |
---|---|
A. Identifiers. | Advertisers and advertising networks, Service providers, Affiliates, parents, and subsidiary organizations of Nasty Gal, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services. |
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | Advertisers and advertising networks, Service providers, Affiliates, parents, and subsidiary organizations of Nasty Gal, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services. |
C. Protected classification characteristics under California or federal law. | Advertisers and advertising networks, Service providers, Affiliates, parents, and subsidiary organizations of Nasty Gal, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services. |
D. Commercial information. | Service providers, Affiliates, parents, and subsidiary organizations of Nasty Gal. |
F. Internet or other similar network activity. | Service providers, Internet cookie information recipients, such as analytics and behavioral advertising services. |
G. Geolocation data. | Service providers, Affiliates, parents, and subsidiary organizations of Nasty Gal. |
H. Sensory data. | Service providers, Affiliates, parents, and subsidiary organizations of Nasty Gal. |
K. Inferences drawn from other Personal Information. | Advertisers and advertising networks, Service providers, Affiliates, parents, and subsidiary organizations of Nasty Gal. |
Sensitive Personal Information Category | Categories of Third Party Recipients |
---|---|
Complete account access credentials (user names, account numbers, or card numbers combined with required access/security code or password) | Service providers, Affiliates, parents, and subsidiary organizations of Nasty Gal. |
Racial or ethnic origin | Service providers, Affiliates, parents, and subsidiary organizations of Nasty Gal. |
We disclose your Personal Information to the categories of third parties listed above for the following business purposes:
- Helping to ensure security and integrity of our products, services, and IT infrastructure to the extent the use of the Personal Information is reasonably necessary and proportionate for these purposes.
- Debugging to identify and repair errors that impair existing intended functionality.
- Short–term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us. Our agreements with third parties prohibit your Personal Information from disclosure to another third-party and from using your Personal Information to build a profile about the you or otherwise alter your experience outside your current interaction with us.
- Performing services on behalf of us, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
- Providing advertising and marketing services, except for cross-context behavioral advertising, to Consumers.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
In addition to the above, we may disclose any or all categories of Personal Information to any third-party (including government entities and/or law enforcement entities) as necessary to:
- comply with federal, state, or local laws, or to comply with a court order or subpoena to provide information;
- comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
- cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers) believe may violate federal, state, or local law;
- comply with certain government agency requests for emergency access to your Personal Information if you are at risk or danger of death or serious physical injury; or
- exercise or defend legal claims.
We do not sell Personal Information as the term “sell” is commonly understood to require an exchange for money. However, the use of advertising and analytics cookies on our Website is considered a “sale” of Personal Information as the term “sale” is broadly defined in the CPRA to include both monetary and other valuable consideration. Our “sale” is limited to our use of third-party advertising and analytics cookies and their use in providing behavioral advertising and their use in understanding how people use and interact with our website(s) and applications. Our “sales” of your Personal Information in this matter is subject to your right to opt-out of those sales (see Your Choices Regarding our “Sale” or “Sharing” of your Personal Information).
“Sharing” of Your Personal Information for Cross-Context Behavioral AdvertisingNasty Gal may “share” your Personal Information for the purpose of cross-context behavioral advertising, subject to your right to opt-out of that sharing (see Your Choices Regarding our “Sale” or “Sharing” of your Personal Information). Our “sharing” for the purpose of cross-context behavioral advertising would be limited to our use of third-party advertising cookies and their use in providing you cross-context behavioral advertising (i.e., advertising on other websites or in other mediums). When the recipients of your Personal Information disclosed for the purpose of cross-context behavioral advertising are also permitted to use your Personal Information to provide advertising to others, we also consider this disclosure as a “sale” for monetary or other valuable consideration under the CPRA.
In the preceding twelve (12) months, Nasty Gal has “sold” for monetary or other valuable consideration, or “shared” for the purpose of cross-context behavioral advertising, the following categories of Personal Information to the following categories of third parties:
Personal Information Category | Sold or Shared | Categories of Third Parties To Whom Your Personal Information is Sold or Shared |
---|---|---|
A. Identifiers. | Sold and Shared | Business partners, Internet cookie information recipients, such as analytics and behavioral advertising services. |
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | Shared | Business partners |
C. Protected classification characteristics under California or federal law. | Shared | Business partners |
D. Commercial information. | Shared | Business partners |
F. Internet or other similar network activity. | Sold and Shared | Advertisers and advertising networks, Internet cookie information recipients, such as analytics and behavioral advertising services. |
G. Geolocation data. | No | N/A |
H. Sensory data. | No | N/A |
K. Inferences drawn from other Personal Information. | Shared | Business partners |
Your Personal Information may be “sold” or “shared” as described above for the following business or commercial purposes:
- To market their goods and services to you
- To provide us with analytics services for our websites and applications
We do not “sell” the Personal Information of minors under the age of 16 for monetary or other valuable consideration and we do not “share” such Personal Information for cross-context behavioral advertising without affirmative consent as required by the CPRA. More information on how minors under the age of 16 may change their choice regarding the “sale” or “sharing” of their Personal Information can be found in Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information.
Consumer Data RequestsThe CPRA provides California residents with specific rights regarding their Personal Information. This section describes your CPRA rights and explains how to exercise those rights. You may exercise these rights yourself or through your Authorized Agent. For more information on how you or your Authorized Agent can exercise your rights, please see Exercising Your CPRA Privacy Rights. These rights include the right to:
- Request to know the categories of Personal Information we have collected about you and how we have used it
- Request correction of your Personal Information.
- Request deletion of your Personal Information.
Brief details of each of these rights are set out below. You also have the right to opt-out of our sale or sharing of your personal data, as described further below.
Right to Know.You have the right to request that Nasty Gal disclose certain information to you about our collection and use of your Personal Information over the past 12 months (a “Right to Know” Consumer Request).
Access to Specific Pieces of Information (Data Portability).You also have the right to request that Nasty Gal provide you with a copy of the specific pieces of Personal Information that we have collected about you, including any Personal Information that we have created or otherwise received from a third-party about you (a “Data Portability” Consumer Request).
Correction.You have the right to request that we correct any incorrect Personal Information about you to ensure that it is complete, accurate, and as current as possible. In addition to other methods you may have to exercise this right as described below, you may review and correct some Personal Information about yourself by logging into your account page and updating your details directly.
Deletion.You have the right to request that Nasty Gal delete any of your Personal Information that we collected from you and retained, subject to certain exceptions.
Exercising Your CPRA Privacy RightsTo exercise the rights described above, please submit a request (a “Consumer Request”) to us by either:
- · Emailing us at DPO@Nastygal.com
If you fail to make your Consumer Request in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above or provide you with information on how to submit the request or remedy any deficiencies with your request. Only you, or your Authorized Agent that you authorize to act on your behalf, may make a Consumer Request related to your Personal Information. To designate an Authorized Agent, see Authorized Agents below.
All Consumer Requests must:
- · Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an Authorized Agent of such a person. This may include:
- · Verifying Personal Information that we may already have about you, such as prior order numbers, address / ZIP code, and other similar information.
- · Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm which Personal Information relates to you or the individual for whom you are making the request as their Authorized Agent. Making a Consumer Request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account. We will only use Personal Information provided in a Consumer Request to verify the requestor’s identity or authority to make the request. For instructions on exercising sale opt-out rights, see Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information.
Authorized AgentsYou may authorize your agent to exercise your rights under the CPRA on your behalf by registering your agent with the California Secretary of State or by providing them with power of attorney to exercise your rights in accordance with applicable laws (an “Authorized Agent”). We may request that your Authorized Agent submit proof of identity and that they have been authorized exercise your rights on your behalf. We may deny a request from your Authorized Agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights. In response to a Right to Know or Data Portability Consumer Request, we will provide you with all relevant information we have collected or maintained about you on or after January 1, 2022, unless an exception applies. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability Consumer Request, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, such as CSV file(s) and/or PDF file(s). We do not charge a fee to process or respond to your Consumer Request unless it is excessive, repetitive, or manifestly unfounded. We reserve the right to consider more than two (2) total Right to Know or Data Portability Consumer Requests (or combination of the two) in a twelve (12) month period to be repetitive and/or excessive and require a fee. If we determine that your Consumer Request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information “Sale” of Your Personal InformationAs described above, our use of cookies is considered a “sale” under the CPRA. We do not otherwise sell your Personal Information for monetary consideration. If you are 16 years of age or older, you have the right to direct us to not “sell” your Personal Information for monetary or other valuable consideration at any time (the “right to opt-out”). We do not “sell” the Personal Information of Consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to Personal Information “sales” may opt-out of future “sales” at any time.
“Sharing” of Your Personal InformationIf you are 16 years of age or older, you have the right to direct us to not share your Personal Information for the purposes of cross-context behavioral advertising, which is showing advertising on other websites or other media based on your browsing history with our websites and applications (the “right to opt-out”). We do not share the Personal Information of Consumers we actually know are less than 16 years of age for this purpose, unless we receive affirmative authorization from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to our sharing of Personal Information for these purposes may opt-out of future such sharing at any time.
How You May Opt-Out of Our Sale or Sharing of Your Personal InformationTo exercise the right to opt-out of the “sale” and the “sharing” your Personal Information for the purposes of cross-context behavioral advertising, you may do so by any of the following: clicking the link below, adjusting your cookie preferences, or by configuring your browser to send us a privacy signal as described in more detail below. You may also opt-out of such “sales” and “sharing” by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our websites or applications or other websites. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back into the sale of Personal Information at any time by:
- If you have opted out of the sale or sharing of your Personal Information through cookies by adjusting your cookie preferences or by following the above link, you may simply re-adjust your cookie preferences.
- If you have opted out of the sale or sharing of your Personal Information through the use of a browser privacy control signal, you may turn off the signal and re-adjust your cookie preferences.
If you (or your Authorized Agent) submit a request to opt-in to our “sale” or “sharing” of your Personal Information, we will use a two-step process in order to confirm that you want to opt-in for such “sale” or “sharing” of your Personal Information. This may include confirming your choice by a popup box or other requirement to confirm your new choice.
Browser Privacy Control SignalsYou may also exercise your right to opt-out of the “sale” of your Personal Information for monetary or other valuable consideration and the “sharing” of your Personal Information for the purposes of cross-context behavioral advertising by setting the privacy control signal on your browser, if your browser supports it. We currently recognize and support the following privacy signals sent by browsers:
When we receive one of these privacy control signals, we will opt you out of any further “sales” or “sharing” of your Personal Information when you interact with our websites or applications through that browser and on that device. We will only be able to propagate your choice to opt-out to your account if you are currently logged in when we receive the privacy control signal from your browser. When we are able to propagate your choice to your account, you will be opted out of “sale” or “sharing” of your Personal Information on all browsers and devices on which you are logged in, and for both online and offline “sales” and “sharing.”
Your Choices Regarding our Use and Disclosure of Your Sensitive Personal InformationAs further described below, we do not use or disclose your Sensitive Personal Information for any purpose other than the following:
- To perform the services or provide the goods reasonably expected by an average Consumer who requests such goods or services;
- To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted Personal Information, provided that our use of your Personal Information is reasonably necessary and proportionate for such purposes;
- To resist malicious, deceptive, fraudulent, or illegal actions directed at Nasty Gal and to prosecute those responsible for those actions, provided that our use of your Personal Information is reasonably necessary and proportionate for this purpose;
- To ensure the safety of natural persons, provided that our use of your Personal Information is reasonably necessary and proportionate for this purpose;
- For short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us, provided that the Personal Information is not disclosed to another third-party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us;
- To perform services on behalf of us, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us; and
- To verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by us.
We may offer you certain financial incentives permitted by the CPRA that can result in different prices, rates, or quality levels. Any CPRA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We may offer you certain financial incentives permitted by the CPRA that can result in different prices, rates, or quality levels. Any CPRA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
In determining the value of your Personal Information we collect as part of your participation in our financial incentives, we consider:
We will keep your Personal Information for no longer than is necessary for the purpose(s) it was provided for and to meet our legal obligations. Further details of the periods for which we retain Personal Information are available on request.
Other California Privacy RightsCalifornia Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our websites that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g., requests made in 2023 will receive information regarding such activities in 2022). You may request this information once per calendar year. To make such a request, please send an email to DPO@Nastygal.com.
Changes to This CPRA Privacy AddendumNasty Gal reserves the right to amend this California Privacy Addendum at our discretion and at any time. When we make changes to this California Privacy Addendum, we will post the updated addendum on the website and update the addendum’s effective date. If there are any significant changes we will post updates on our website, applications or let you know by email. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
Contact InformationIf you have any questions or comments about this California Privacy Addendum, the ways in which Nasty Gal collects and uses your information described in this California Privacy Addendum, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us through our Data Protection Officer at DPO@Nastygal.com.
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.
Our site uses cookies to distinguish you from other users of [nastygal.com] (our "site"). This helps us to provide you with a better experience when you browse our website. Cookies also enable us to analyse the performance of our websites in order to make improvements. Some of the cookies we use are "analytical" cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
To view a full list of all of our Cookies please click here.
Cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites. Please note that our advertisers and affiliates may also use cookies (see further detail below). The use of these will be governed by your preferences and their cookies policy. Please refer to those parties' cookies policies for further information.
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.
Use of cookies
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.