Welcome to Nasty Gal! Please note all terms and conditions apply to anyone who has purchased on or after the February 28th, 2017.
These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.nastygal.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site.
1. INFORMATION ABOUT US
1. www.nastygal.com is operated by Nasty Gal Limited (“We”). We are a company registered in England and Wales under company number 10487954 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61. Our email address is firstname.lastname@example.org.
2. SERVICE AVAILABILITY1. Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our “Deliveries” page here.
3. YOUR STATUS1. You may only purchase Products from us if:
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
5. DELIVERY1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
6. INTERNATIONAL DELIVERY1. If you order Products from us for delivery to a destination outside the UK:
7. PRICE AND PAYMENT1. The price payable for the Products shall be as shown on our site in Euros, 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.
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.
9. RETURNS1. As an alternative to using your rights under clause 8.1, you may wish to return an item using our free UK returns service. For further information on returns please see our Returns Policy.
10. YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)1. If you are a consumer in the EEA and you cancel your Contract under clause 8.1, We will:
11. FAULTY PRODUCTS1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
12. OUR RIGHTS TO CANCEL THE CONTRACT1. We may end the Contract at any time by writing to you if:
13. OUR LIABILITY1. If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
14. EVENTS OUTSIDE OUR CONTROL1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
15. INTELLECTUAL PROPERTY RIGHTS1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
16. OTHER IMPORTANT TERMS1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
17. AFTER-SALES SERVICE1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com.
NGVIP – ANNUAL SUBSCRIPTION FOR UNLIMITED FREE NEXT DAY DELIVERY
Subscription – you can subscribe to NGVIP from your desktop, tablet, mobile or android device.
Membership – NGVIP is valid for 12 months and is only available to individuals residing in the Republic of Ireland.
Nasty Gal Account - you must have a registered Nasty Gal customer account and be logged in to your customer account to use NGVIP.
Availability - NGVIP is available for delivery to Republic of Ireland addresses.
Orders – you must place your order in accordance with Nasty Gal’s Republic of Ireland Next Day & Republic of Ireland Standard delivery timescales.
Delivery – Nasty Gal reserves the right to alter the delivery service valid in this promotion at any time; in this case you will be offered the delivery service available at that time free of charge.
NGVIP can be used on either the Republic of Ireland Next Day or Republic of Ireland Standard Delivery options.
You can cancel your Nasty Gal NGVIP subscription within 14 days of subscribing by contacting Customer Service. A full refund of the subscription fee will be given if you have not made any purchases using Nasty Gal NGVIP delivery through nastygal.com.
Once a purchase has been made your Nasty Gal NGVIP subscription cannot be cancelled.
Terms & Conditions – You are responsible for using NGVIP in accordance with the terms and conditions. Any breach will result in termination of your membership and no refund will be given. Nasty Gal reserves the right to accept or refuse membership and to change any terms and conditions at its discretion. Nasty Gal will inform you of any significant changes to these terms and conditions. All other applicable Nasty Gal terms and conditions apply.
Personal use only - NGVIP is for personal use only.
Delay outside of our control – Nasty Gal will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond Nasty Gal’s reasonable control.
Termination - We may decide to terminate your NGVIP account and you will be given a prorated refund based on the number of whole months remaining in your membership. We will not give any refund for termination related to conduct that we determine, in our discretion, violates these terms or any applicable law, involves fraud or misuse, or is harmful to Nasty Gal’s interests or another user.
PROMOTION TERMS AND CONDITIONSOfficial Nasty Gal promotion codes entitle you to an offer on your online order from www.nastygal.com. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Automated promotions cannot be used in conjunction with any other promotion codes or offers. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of nastygal.com and we reserve the right to withdraw them and refuse or restrict any order at any time. Promotion codes are only valid on nastygal.com for payments made by residents of the United Kingdom and Ireland in Sterling, where enabled, Euros, US or Australian dollars. Payment by Euros, US or Australian dollars can be enabled by selecting the appropriate flag in the dropdown currency selection menu in the top right-hand corner on the homepage.
Nasty Gal’s WIN $5K Splash Competition (“Prize Draw”)
The promoter of NastyGal’s Win $5k Splash Competition (“Prize Draw”) is Nasty Gal Limited of 49/51 Dale Street, Manchester M1 2HF("Promoter").
1.1. This Prize Draw is open to individuals in UK, US, AUS, ROI, FR, EU, CA. Entrants must be over the age of 18.
1.2. Employees of the Promoter or any associated company and their immediate family as well as sponsors of the Prize Draw and their employees and judges of the Prize Draw and their immediate family, or anyone else involved in the organisation of the Prize Draw, may not enter the Prize Draw.
1.3. Entrants will require access to the internet to enter the Prize Draw.
2. How to enter
2.1. To enter the Prize Draw entrants must:
2.1.1. “Satisfy” the eligibility criteria at clause 1;
2.1.2. “Visit” the www.nastygal.com website (or participating local website) or “download and visit” the Nasty Gal App;
2.1.3. “Purchase” an item (at any value) from the Promoters’ website or App to be automatically entered into the Prize Draw to win the Prize (“Order”);
2.1.4. Orders must be made between 7:00PM GMT, Nov 11, 2020 and 11:59PM GMT on Nov 20, 2020 ("Prize Draw Period") to be automatically entered into the Prize Draw and be valid (“Entry” or “Entries”). The Promoter’s computer is the official time-keeping device for the Prize Draw. The Winner will be contacted directly via the email address used in the Order.
2.2. Entries received after the end of the Prize Draw Period will not be valid.
2.3. No bulk, third party or automated entries are permitted.
2.4. All entrants (including the winners) must comply with any reasonable directions given to him or her by the Promoter in connection with the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
3. Winner selection and contact
3.1. The Promoter will select One (1) x winner at random at the end of the Prize Draw Period and in any event by 28 November 2020. The decision of the Promoter shall be final. The Promoter will announce the winner by naming the winner via Direct Email used in the Order.
3.2. No correspondence will be entered into respect of any decision made in connection with the Prize Draw.
3.3. At the end of the Prize Draw Period, the Promoter will contact the winner via email (“Winner”) whereby the Promoter will ask the Entrant for their name and bank account details (“Details”). Once the Details have been provided in the manner stipulated herein, the Promoter will provide further details regarding the Prize.
3.4. If any winner fails to provide their Details to the Promoter within 48 hours of the Promoter’s initial email, asking them to provide the Details in accordance with clause 3.2 then the Promoter acting in its absolute discretion may:
3.5.1. Make further attempts to contact that winner; and/or
3.5.2. Withdraw the Prize from that Winner.
3.6. If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter under clause 3:
3.6.1. The declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a new Winner selected by the Judges in accordance with this clause 3.
4.1. One (1) confirmed winner will receive a one-off cash payment of $5000 USD or equivalent in the Winner’s local currency (“Prize”). The Prize will be paid via bank transfer from the Promoter’s bank account to the Winner’s nominated bank account.
4.2 The Prize is non-transferable and non-refundable and the Winner cannot request any alternative prize.
4.3. The Prize is subject to the Promoter receiving the relevant details to award the Prize.
4.4. There will be a total of One (1) Winner.
5. Winner publicity
5.1. The Promoter reserves the right to publish each Winner's name and Entry on the Promoter’s official social media accounts, including Twitter, Instagram and Facebook and on its website found at nastygal.com.
5.2. By entering the Prize Draw, if you are a Winner you agree to your Entry being published in accordance with clause 5.1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.
6. Entry requirements
6.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Prize Draw or Promoter into disrepute will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.
6.2. The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its Twitter or Instagram pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.
7. Use and display of Entries and copyright
7.1. The copyright subsisting in the Entry must belong to the entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries. If an Entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.
7.2. By submitting an Entry:
7.2.1.you licence and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s website, social media accounts, marketing materials, newsletters and promotional material without further compensation, restriction on use, attribution or liability;
7.2.2.you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
8.1. Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for:
8.1.1.any Prize that is not redeemed;
8.1.2.any personal property;
8.1.3.any loss of enjoyment or wasted expenditure;
8.1.4.any system failures or malfunctions of any third party websites;
8.1.5.any incomplete, lost, delayed or late Entries;
8.1.6.any failure to fulfil obligations of any third parties involved in this Prize Draw;
8.1.7.any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw howsoever arising from participating in the Prize Draw;
8.1.8.communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Prize Draw;
8.1.9.inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
8.1.10. any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
8.1.11. if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorised intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or
8.1.12. any other matter outside of their reasonable control.
8.2. Nothing in these Terms and Conditions affects your statutory rights.
8.3. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
8.4. The Winners agree to indemnify and keep indemnified the Promoter, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
8.4.1.their Entry into this Prize Draw; and/or
8.4.2.their receipt and use of any Prize.
9.1. The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter through its website / App.
9.2. By entering the Prize Draw you accept these Terms and Conditions as in force at the time you submit your Entry.
9.3. Any person who provides their details to the Promoter in connection with this Prize Draw accepts:
9.3.1.these Terms and Conditions; and
9.3.2.the use of their personal data by the Promoter:
18.104.22.168. for the purpose of administration of the Prize Draw (including publishing the names of the Winners and any administration relating to the Prize); and
22.214.171.124. any other purpose for which they have consented.
9.4. The use of any personal data by the Promoter shall be in accordance with the Promoter's Privacy Notice which can be found on the Promoter’s website here.
9.5. Without prejudice to clause 6.1, the Promoter reserves the right to exclude any Entry from the Prize Draw if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
9.6. No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
9.7. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
9.8. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
9.9. No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
9.10. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.For the names of the Winners or for a copy of these Terms and Conditions please send a stamped addressed envelope together with your written request to Nasty Gal’s Win $5K Splash Competition (Prize Draw) Nasty Gal Limited of 49/51 Dale Street, Manchester M1 2HF.
9.11. The Prize Draw, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Prize Draw or these terms.