Terms & Conditions

Welcome to Nasty Gal! Please note all terms and conditions apply to anyone who has purchased on or after the February 28th, 2017.

Date modified: 21st February 2024

1.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 Nastygal.com (“Our Site”) to You. Please read these terms and conditions (“Terms & Conditions of Sale“) carefully before ordering any Products from Our Site. By placing an order to purchase any of our Products, you accept and agree to be bound and abide by these Terms & Conditions of Sale together with our Website Terms of Use here, our Privacy Policy here and our Returns Policy here (collectively, the “Terms and Conditions“), regardless of whether or not you choose to register with us. These Terms and Conditions tell you who we are, how we will provide Products to you, what to do if there is a problem, and other important information. If you live in the United States, please read this carefully.

BY USING THE SERVICES YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU SHOULD NOT PLACE AN ORDER ON OUR SITE. THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRAION CLAUSE, A CLASS ACTION WAIVER AND JURY TRIAL WAIVER CLAUSE THAT IMPACT YOUR RIGHTS IN RESPECT OF HOW TO RESOLVE DISPUTES. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMEBR IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

2. INFORMATION ABOUT US

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

3. PRODUCTS

3.1. 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 colors of the Products accurately, we cannot guarantee that your device or computer’s display of the pictures, or the pictures in our other advertising materials, accurately reflect the colors of the Products that will be delivered to you. The Products may vary slightly from these images.

3.2. Whilst we take reasonable care to ensure accuracy, all sizing and measurements of Products detailed on Our Site are approximate. We cannot guarantee that all details are always accurate, complete, or error free.

3.3. All our Products are sold on the basis that they are suitable for domestic and private use only. As such, none of our Products are intended for use in connection with any business purpose.

3.4. Please note that Products on Our Site are not aimed at persons aged under 16 and may be unsuitable for persons under this age group. We do not sell Products to children, but sell them to adults over 18 years old, who can purchase products with a credit card, debit card, or other payment method.

 

4. PRODUCT AVAILABILITY

4.1.Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our “Deliveries“ page here.

4.2.If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This may happen in circumstances, including (but not limited to) where the Product(s) is/are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Product(s).

4.3. We may make changes to these Terms and Conditions from time to time. The Terms and Conditions that apply to your Contract (as defined in Section 6.2) will be those that are displayed on Our Site when you place your order.

 

5. YOUR STATUS

1. You may only purchase Products from us if:
a. you are over 18 years of age and legally capable of entering into a binding contract with us;
b. you are an authorized user of the credit or debit card or payment account (i.e., Paypal, Afterpay or Klarna) used to pay for your order; and,
c. you are a resident of a country that we deliver to (please see our “Deliveries“ page here for further information).

 

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 Once you have placed your order, you should receive an e-mail from us acknowledging that we have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted or that a contract has been formed between you and us. All orders are subject to availability and acceptance by us (which we may refuse for any reason).

6.2 After you submit your order, we immediately contact your bank or card issuer for authorization 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 (“Dispatch Confirmation“) confirming the Product is being processed ready for dispatch at which point the contract between you and us (“Contract“) will be formed.

6.3 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 our Returns Policy here

6.4 From time to time we may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements. If these changes change the product description or other mandatory information to be provided to you under the applicable laws, we will update Our Site.

6.5 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.

 

7. DELIVERY

7.1 We will seek to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.

7.2 If no one is available at your address to take delivery and the Products cannot be posted through your mailbox or left in a safe place and/or if you do not collect the Products from an address notified to you by our carrier within the time period notified to you by our carrier at the time delivery is attempted, we may end the Contract and Section 10 will apply.

7.3 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

7.4 If you check out using your bank details, Paypal, or Apple Pay, you will own the Products once we have received payment in full. However, when you check-out using a payment instalment method, e.g., through a finance provider such as Klarna, then alternative terms will apply to you, further information on this is set out in Section 8 below.

7.5 Please note zipcode and/or postcode restrictions apply. Delivery times and costs may be increased where the Products are shipped outside the United States. Check your eligibility here

7.6 If you wish to dispute delivery of your order, you have 28 days starting from the day that the tracking status for you order is updated by the carrier as fulfilled (i.e. updated as delivered to the address set out in the Dispatch Confirmation). If your tracking doesn’t confirm your order has been delivered please note you have 90 days from your last tracking event to contact us. We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.

7.7 In addition, if you order Products from us for delivery to a destination outside the United States:
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 United States and any country for which the Products are destined. We will not be liable or responsible if you break any such law; and
c. please see our Returns Policy here for details on returning any Products to us from a destination outside the United States.

 

8. PRICE AND PAYMENT

8.1 The price payable for the Products shall be as shown on Our Site in United States Dollars (USD), although please see Section 8.7 below for what happens if we discover an error in the price of any Product you order.

8.2 If you are viewing Our Site from the UK or a country in the EU, the Product prices advertised on Our Site for Products located in the EU are inclusive of the UK VAT at the relevant rate chargeable for the time being. Additional delivery charges (which will include UK VAT charged by us) will vary depending on the Products you ordered and your delivery address and are shown separately during the checkout process.

8.3 We reserve the right to change the prices on Our Site at any time without notice, but changes will not affect orders which we have already accepted. However, if applicable, 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.

8.4 Taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped. We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to report these taxes may be found at the websites of your respective taxing authorities.

8.5 We accept payment by debit card, credit card, Apple Pay (iOS only), PayPal, Afterpay and Klarna. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.

8.6 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 authorization to take payment from your account. If you pay using any third-party service provider, such payments are subject to the third-party service provider’s terms and conditions. If you pay using Klarna, such payment will subject to additional terms between you and Klarna, available at www.klarna.com/us/terms-of-use/.See www.klarna.com/us/customer-service/csc/about-klarna/ for further information about Klarna. For more information about how Klarna will handle your personal data see their Privacy Policy, available at https://www.klarna.com/us/privacy-notice.

8.7 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We have the right to reject an order if we discover a pricing error. We will normally check prices before accepting your order and if the price is incorrect, we will try to contact you for your instructions before we accept your order. If we are unable to contact you, your order will be cancelled. If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognized 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.

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

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

 

9. RETURNS, REFUNDS AND CANCELLATIONS

9.1 Please see our Returns Policy here for more information about returns, refunds, and cancellations.

9.2 You may also have additional rights to terminate Contract under applicable consumer law.

 

10. OUR RIGHTS TO CANCEL THE CONTRACT

10.1 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, or you are unavailable to receive delivery.
d)if the Products you have ordered are no longer available.

10.2 We may also end the Contract in the circumstances set out in Section 8.7.

10.3 If we end the Contract in any of the situations set out in Section 10.1 or 10.2, 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.

 

11.INACCURATE, INCORRECT, OR DAMAGED PRODUCTS

11.1 We attempt to be as accurate as possible in the description of the products displayed on Our Site. We cannot guarantee that all details are always accurate, complete, or error free. If you believe that a Product description is inaccurate or your Product is damaged, please initiate a refund as set out in our Refund Policy.

 

12. OUR LIABILITY

12.1 Please note that we only provide Our Site and Products for domestic and private use. You agree not to use Our Site or any of our Products for any commercial, business or resale purposes. You further agree that you will not export, re-export, or otherwise transfer the Products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List. We do have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity, any indirect or consequential loss or damage, and will not provide VAT invoices for your purchases. If you are not a consumer, you must obtain our prior written consent to purchase Products from Our Site.

12.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT, SHALL NASTY GAL LIMITED, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS, OUR SITE, ANY CONTENT ON OUR SITE, SERVICES, FEATURES, MATERIALS AND FUNCTIONS RELATED TO OUR SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

13. 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 reasonable control, including any event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation):
A) strikes, lock-outs or other industrial action.
b) epidemic or pandemic or government actions arising from such epidemic or pandemic.
c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
d) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
f) impossibility of the use of public or private telecommunications networks.
g) the acts, decrees, legislation, regulations or restrictions of any government.
(hereinafter referred to as an “Event Outside Our 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.

 

 

14.INTELLECTUAL PROPERTY RIGHTS

All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All intellectual property rights in the Products are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All such rights are reserved.

 

15. AFTER-SALES SERVICE

You can contact us with any questions, comments, complaints, or requests regarding these Terms & Conditions of Sale or our Products, using the details set out in the Contact Us form.

 

16. PROMOTION TERMS AND CONDITIONS

Official Nasty Gal promotion codes entitle you to an offer on your online order from www.Nasty Gal.com. To utilize your promotion code, click the “redeem a promotion code“ button on the order summary page and enter the specific code. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. 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 Nasty Gal 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 States.

 

17. E-GIFT CARDS

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 05723154 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 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 Privacy Notice and Website Terms of Use

PURCHASING A GIFT CARD

You can purchase an e-gift card online at nastygalgiftcards.com 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 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.
Payment on nastygalgiftcards.com will be taken by a third-party company, Stripe, and will show on your bank statement as “nasty gal Gift Cards“.
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 designate 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 does 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 Nastygal.com in the US. 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 Policy, and anyone using a Gift Card to make a purchase at Nasty Gal you 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 Gal ’s affiliate brands, including boohoo, boohooMAN, prettylittlething, 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.
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 nastygla.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
 

 

18. OTHER IMPORTANT TERMS

18.1 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. We may also contact you by reply on any social media platform page that you have used to contact us. When we refer in these Terms and Conditions to “in writing“, this includes e-mail.

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

18.3 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

18.4 The Contract is between you and us. No other person shall have any rights to enforce any of its terms. We may use subcontractors in performing our obligations under this Contract.

18.5 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority of competent jurisdiction decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.6 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.

18.7. Entire Agreement. These Terms and Conditions, the Terms of Use, the Privacy Policy, the Refund Policy, any documents they incorporate by reference, and any additional terms you agree to in connection with Our Site constitute the sole and entire agreement between you and Nasty Gal regarding your purchase of our Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the purchase of our Products.

19. This site is protected by reCAPTCHA and is subject to Google's Privacy Policy and Terms and Conditions

 

19. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER

19.1. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS & CONDITIONS OF SALE OTHERWISE PROVIDE, YOU AGREE TO WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.

19.2. Agreement to Binding Arbitration

FOR RESIDENTS OF THE UNITED STATES AND CONTRACTS FOR PRODUCTS SHIPPED TO THE UNITED STATES, YOU AND NASTY GAL AGREE THAT IN THE EVENT OF ANY CLAIM OR DISPUTE (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE BREACH, ENFORCEMENT, INTERPRETATION, APPLICATION, OR VALIDITY OF THESE TERMS & CONDITIONS OF SALE, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY AND SOLELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS OF SALE (THE “ARBITRATION AGREEMENT“).

19.3. Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Nasty Gal can automatically bring an individual claim in small claims court in the United States of America, consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim. Decisions regarding this Section shall solely be decided by a court and not by an arbitrator or via arbitration.

19.4. Jury Trial & Class Action Waiver

YOU AND NASTY GAL ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION, MASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS (SAVE AS FOR EXCEPT SPECIFIED IN THE PARAGRAPH ENTITLED BATCH ARBITRATION BELOW. YOU AND NASTY GAL MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM.
To the extent permissible by law there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means that you may not seek relief on behalf of any other parties in arbitration. Further information on the Class Action Waiver to be found at paragraph 19.12.
Notwithstanding the above if any arbitrator determines that any term in paragraph 19.4 is unenforceable for any reason as to any claim, including without limitation for a “private attorney general action,” then the Arbitration Agreement will be inapplicable to that claim and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.

19.5. Governing Law & Arbitration Rules

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA“), will govern the interpretation and enforcement of this Section 19. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Delaware.The arbitration will be conducted under the then current and applicable consumer arbitration rules of the American Arbitration Association (“AAA“). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

19.6. Informal Dispute Resolution

You and Nasty Gal agree to try and resolve any dispute informally before resorting to arbitration. You and Nasty Gal therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer either via telephone or video call in a good faith effort to resolve informally any dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference but you will also participate in the conference. The Party initiating the dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”) which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Nasty Gal that you intend to initiate an Informal Dispute Resolution Conference should be sent via email to legal@boohoo.com or regular mail to 49/51 Dale Street, Manchester, M1 2HF. Notice to you will be sent to the address or email address associated with your account. The Notice must include (1) your name, telephone number, mailing address, e-mail address associated with your account, (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualised such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm, or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a conditions precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the Informal Dispute resolution Conference required by this section.

19.7. Initiating Arbitration

Prior to initiating an arbitration, a party must first send a further written notice to the other party. If you intend to seek arbitration you must first send notice by international mail to Nasty Gal UK Limited, c/o Legal Team, 49/51 Dale Street, Manchester, M1 2HF England. The notice shall be individual and not for the claims of any other person, and must include your full name, your entire factual, legal claim, the requested relief and an express authorization to bring the arbitration demand. Nasty Gal shall send a Notice to the current billing address on your account by international mail. The Notice shall describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach a settlement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must post a copy of the completed form to the opposing party. You may send such copy to Nasty Gal at Nasty Gal Limited, c/o Legal Team, 49/51 Dale Street, Manchester, M1 2HF England, and Nasty Gal will send such copy to the current billing address or email address on your account or to your counsel, if you so instruct.

19.8. Fees

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

19.9. Location & Procedure

If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA.

19.10. Arbitrator’s Decision

The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Nasty Gal shall have the right to seek attorneys’ fees and costs in arbitration for claims deemed frivolous by the arbitrator. If Nasty Gal makes an offer of judgment not less than 10 days prior to the arbitration, if an arbitrator’s monetary award against Nasty Gal does not match or exceed Nasty Gal ’s offer, you agree to pay Nasty Gal ’s legal fees and expenses for the arbitration.

19.11. Choice of Law, Forum Selection, & Jury Waiver

Except as set forth in this Section 19, all matters relating to all matters arising out of or related to these Terms & Conditions of Sale, will be governed by the applicable laws of the United States of America and the laws of the State of Delaware without regard to Delaware choice of law principles. Unless you and Nasty Gal agree otherwise, in the event that it is determined or these Terms & Conditions of Sale provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Delaware, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Delaware for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Delaware located in New Castle County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Nasty Gal both waive your right to a jury trial, unless such waiver is unenforceable. The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.

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

19.13. Class Action Waiver

You acknowledge and agree that any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. You expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or Nasty Gal from participating in a classwide, collective, and/or representative settlement of claims as set out in Section 19.14. The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against Nasty Gal in a single proceeding, except that this Class Action Waiver shall not prevent you or Nasty Gal from participating in a classwide, collective, and/or representative settlement of claims as set out in 19.14. If it is determined that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or Nasty Gal .

19.14. Batching

If 100 of more customers initiate Notices of dispute (including Informal Dispute Resolution) with Nasty Gal raising similar claims within a 30 day period and counsel for the Nasty Gal customers bringing the claims are the same, or coordinated with these customers, the claims shall proceed in arbitration in a coordinated proceeding. Counsel for You and counsel for Nasty Gal shall each select 5 cases to proceed first in arbitration in a bellwether proceeding (“Bellwether Proceeding”). The remaining cases shall not be filed in arbitration until the first 10 have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Bellwether Proceeding, each side may select another 5 cases to proceed to arbitration for a second Bellwether Proceeding. This process may continue until the parties are able to resolve all of the claims either through settlement or arbitration. A court will have authority to enforce this clause and if necessary to enjoin the mass filing of arbitration demands against Nasty Gal.
An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself.
If for some reason the prohibition on class arbitrations as set out above cannot be enforced as to all or part of the dispute then the agreement to arbitrate will not apply to that dispute or part of the dispute.
If for any reason a claim proceeds in court rather than through arbitration, such as pursuant to Section 19.3. You and Nasty Gal agree that there will not be a jury trial. You and Nasty Gal unconditionally waive any right to trial by jury in any action, proceeding or counter claim arising out of or relating to this Arbitration Agreement in any way. In the event of litigation, this Section may be filed to show a written consent to a trial by the court.

19.15 30 day right to opt out.

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to us at optout@boohoo.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration agreement has no effect on any other arbitration agreements that you currently have or may enter into in the future with us. If the dispute is not covered by any arbitration agreement between You and Us it shall proceed in the Courts indicated in Section 19.11.
 

 

20. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NASTY GAL LIMITED, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO (I) YOUR VIOLATION OF THESE TERMS AND CONDITIONS, (II) PURCHASE OF OUR PRODUCTS, (III) ANY USE OF THE OUR SITE'S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS AND CONDITIONS, (IV) YOUR INFRINGEMENT OF ANY OF OUR INTELLECTUAL PROPERTY RIGHTS; (V) YOUR INFRINGEMENT OF ANY OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, DEFAMATION OF SUCH PERSON OR ENTITY, OR VIOLATIONS OF SUCH PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, (VI) YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY OWED TO NASTY GAL LIMITED, OR (V) ANY FALSE STATEMENTS OR CLAIMS MADE BY YOU IN ANY FORM ABOUT NASTY GAL LIMITED OR ABOUT ITS PRODUCTS OR SERVICES. NOTE THAT THE ARBITRATION PROVISIONS OF CLAUSE 19 DO NOT APPLY TO ANY INDEMNIFICATION CLAIMS OR ACTIONS BROUGHT AGAINST YOU BY US PURSUANT TO THIS CLAUSE.

 

21. CALIFORNIA PURCHASES.

The following is a notice to residents of California regarding Proposition 65: California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. WARNING: Some Products on our Online Store from time to time may contain chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm and may be included on the Prop 65 chemical list. If you need additional information to make your purchase of Products, please email us at: customerservices@nastygal.com and we will respond as soon as possible to provide you with the information we possess about the materials within our Products. For more information on Proposition 65, please visit here.

22. SMS.

22.1 You must expressly opt in to Nasty Gal's SMS initiative (the "Initiative") to receive messages.
By enrolling, you expressly consent and agree to receive recurring SMS and MMS messages from Nasty Gal at the telephone number you provided including advertising, marketing, news updates, and other information from or on behalf of Nasty Gal. You acknowledge and agree that Initiative messages may be sent using a system that could qualify as an automatic telephone dialling system, another automated system for the selection and dialling of telephone numbers, or any other messaging technology. Your consent to participate in our Initiative is not required (directly or indirectly) as a condition of purchasing any property, goods or services and it is not required to use our Site, App, or Services.

22.2 Message Frequency
The frequency of Initiaive messages may vary and we may change the frequency of the messages you receive at any time, including in response to your interactions with us. You agree we may send SMS/MMS text messages as often as needed.

22.3 Getting HELP
For support or assistnace, text the word HELP to the short code or number from which you currently are receiving our text messages or respond with the keyword HELP to any messages you receive from our Initiative or you can email info@boohoo.com

22.4 Opting Out
You can opt out from receiving SMS/MMS text messages through our Initiative by responding with the keyword STOP to any messages you receive from our Initiative, or you can text STOP to the short code or number from which you currently are receiving our text messages. You will receive one additional message confirming that your request has been prosessed. Please note that we may change any short code or telephone number we use to operate the Initiative at any time with notice to you.

22.5 Your Own Wireless Plan
Messages and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.

22.6 Your Duties For Your Own Phone Number
If you enroll in the Initiative, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging initiative. If you change or deactivate that number, you are responsible for notifying us immediately. The Initiative is offer on an "as-is", "as-available" basis and may not be available in all areas or at all times and may not be supported by all wireless carriers. Neither we, our vendors and/or any other wireless carrier is liable for failed, delayed, misdirected, or undelivered messages

22.7 Participation Subject to Termination or Change
If you enroll in Nasty Gal's Initiative, we may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination if your mobile telepone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.

 

Terms and Conditions relating to WIN 15X EXCLUSIVE Nessa Barrett Launch Tee’s (1x winner per tee)

The promoter of Nasty Gal WIN 15X EXCLUSIVE Nessa Barrett Launch Tee’s (1x winner per tee) COMPETITION ("Prize Draw") is Nasty Gal Limited of 49/51 Dale Street, Manchester M1 2HF ("Promoter").

1. Eligibility
   1. This Prize Draw is open to individuals worldwide, 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. Competition opened worldwide.
   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. The persons attending with the winner must also be over the age of 18.
   3. All Entries by the entrant must be submitted via Tiktok(@nastygal).
   4. Entrants will only win 1x tee.
2. The Competition

The title of the competition WIN 15X EXCLUSIVE Nessa Barrett Launch Tee’s (1x winner per tee)

How to enter

1. 1. To enter the Prize Draw entrants must (1) follow @nastygal on Tiktok (2) like the competition post and (3) leave a comment (more comments = more enteries.(“Entry” or “Entries”).

1. 2. Entries must be made between 22:00 (BST) on Thursday 21^st November 2024 and closes 22:00 BST on 28^th November 2024. Winner announced on 29^th November 2024. ("Prize Draw Period") to be valid.
   3. Entries received after the end of the Prize Draw Period will not be valid.
   4. No bulk, third party or automated entries are permitted.
   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.

3. Winner selection and contact
   1. The winner of the Prize Draw will be announced on the Promoter’s official Tiktok account @nastygal on or around 29^th November 2024(“Announcement Date”).
   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. 
   3. The Promoter will contact the winner personally as soon as practicable after the Announcement Date, via Instagram DM from the Promoter’s official Tiktok account @nastygal (“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. 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:
      1. make further attempts to contact that Winner; and/orwithdraw the Prize from that Winner.
   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.
4. Prize
   1. The prize consists of: (a) WIN 15X EXCLUSIVE Nessa Barrett Launch Tee’s (1x winner per tee)For the avoidance of doubt, there will be 15 winners, each winner receiving 1x t-shirt.
   2. The winner must be 18 years or older to enter. By participating in this giveaway, you agree to these terms and conditions.
   3. The Prize is non-transferable and non-refundable and the Winners cannot request any alternative prize (cash or otherwise). The Prize is subject to availability.
   4. There will be 15x winners announced.

5. Winner publicity
   1. The Promoter reserves the right to publish each Winner's name and Entry on the Promoter’s official social media accounts, including but not limited to Twitter, Instagram, Facebook, You Tube, Snapchat, Tik Tok or any other media include its app and on its website found at nastygal.com  
   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. 

6. Entry requirements

   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.
   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 social media accounts and/or pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.

7. Use and display of Entries and copyright

   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.
   2. By submitting an Entry:
      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 and app, social media accounts as set out at clause 6.1, marketing materials, press releases, newsletters and promotional material, including an external above the line advertising and marketing, including billboard and transport  without further compensation, restriction on use, attribution or liability;
      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;
      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.

8. Liability

   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:
      1. any Prize that is not redeemed;
      2. any personal property;
      3. any loss of enjoyment or wasted expenditure;