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.

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 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 Canadian Dollars, although please see clauses 7.5 and 7.6 for what happens if We discover an error in the price of any Product you order. Prices advertised on our site include UK VAT at the relevant rate chargeable for the time being, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
3. We accept payment by debit card, credit card or Paypal or Afterpay.
4. You must pay for the Products (including all applicable delivery charges), and, if you are paying by card, 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 pay using Afterpay, such payment will subject to additional terms between you and Afterpay, available at www.afterpay.com/en-CA/terms-of-service. See www.afterpay.com/en-CA/how-it-works for further information about Afterpay. For more information about how Afterpay will handle your personal data see their Privacy Policy, available at https://www.afterpay.com/en-CA/privacy-policy.
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.
7. “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.”

 

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. INTELLECTUAL PROPERTY RIGHTS

1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.

 

16. OTHER IMPORTANT TERMS

1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
2. If We have to contact you, We will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail.
3. We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
4. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.
5. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
6. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
7. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
8. If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
9. Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
10. In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of England and Wales.
11. This site is protected by reCAPTCHA and is subject to Google's Privacy Policy and Terms and Conditions

 

17. 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).

 

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, CAD or Australian dollars. Payment by Euros, US or Australian dollars can be enabled by selecting the appropriate flag in the dropdown currency selection menu in the top right-hand corner on the homepage.

Nasty Gal’s WIN $5K Splash Competition (“Prize Draw”)

The promoter of NastyGal’s Win $5k Splash Competition (“Prize Draw”) is Nasty Gal Limited of 49/51 Dale Street, Manchester M1 2HF("Promoter").

1. Eligibility

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. Prize

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;

7.2.3.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.

8. Liability

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. General

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:

9.3.2.1. for the purpose of administration of the Prize Draw (including publishing the names of the Winners and any administration relating to the Prize); and

9.3.2.2. 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.

TERMS OF WEBSITE USE

Last Modified: 05.04.2023

These terms of use are entered into by and between you and Nasty Gal Limited (“we,” “us,” or “our”). This document (the “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. 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 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. All changes are effective immediately when we post them, and apply to all access to and use of our site thereafter. 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. Your continued use of our site following the posting of revised Terms of Use means that you accept and agree to the changes.

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. You agree that all information you provide to register with our site or otherwise, including, but not limited to, through the use of any interactive features on our site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice here. We have the right to disable any user identification code, password or account at any time, if in our sole discretion 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 and in accordance with these Terms of Use. 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 (subject to our content standards set out below). Use of any of our interactive services by a minor is subject to the consent of their parent or guardian. By submitting any content (“User 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. Any User Content you post to our site will be considered non-confidential and non-proprietary. We may, from time to time, if we consider it appropriate, moderate any content that you provide through the 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 are not responsible, or liable to you or any third party, for the content or accuracy of any User Content provided by any third parties. We also 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 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. You are solely responsible for securing and backing up your content. 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 or remove a product review or any User Content, 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, but we are not obliged to publish any review or User Content. 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, its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by us and our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
These Terms of Use permit you to use our site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site, except as provided in these Terms of Use. 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

The word “Nasty Gal” and the logos incorporating this word and/or our other logos displayed on our site 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. All other names, logos, products and service names, designs, and slogans on our site are the trade marks of their respective owners.

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 and any reliance you place on such information is at your own risk. 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

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, and we have no liability to you for any loss of any business of yours (including but not limited to loss of profit, loss of business, business interruption, or loss of business opportunity). If you are not a consumer you must obtain our prior written consent to purchase products from our site.
Please note that if you are not a consumer, 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:
• Loss of profits, sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings; • Loss of business opportunity, goodwill or reputation;
• Waste of management or office time;
• Any indirect or consequential loss or damage; or
• Any liability or obligation we may have under any applicable consumer rights laws.

However, 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.
Finally, please be aware that the security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. As such, we do not guarantee the security or confidentiality of any electronic communications. In addition, 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.

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; however we may withdraw such permission at any time and you agree to remove any link where we request that you do so. 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; • On a website that is not owned by you; 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. Such links should not be interpreted as endorsement by us of those linked websites or any information or products contained on them. 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.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

TERMINATION

We reserve the right in our sole discretion, to restrict, suspend, or terminate your use or access to any of our site and/or discontinue any portion, feature, or content of our site or this Terms of Use at any time and for any reason without prior notice or liability. When reasonably feasible in our sole discretion, we will make reasonable efforts to provide notice of significant changes to our site. All provisions of the Terms of Use as to limitation and disclaimer of warranties, limitation of liability, Nasty Gal Limited’s ownership rights and your representations and indemnities shall survive termination.

WAVER AND SEVERABILITY

No waiver by Nasty Gal Limited of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nasty Gal Limited to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Notice, 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 Limited regarding our site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our site.

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 28 days to return your items starting from the day you receive your order.

Here's the fine print. All original tags must be attached. For hygiene reasons, pierced jewellery is non-refundable, and we ask that you try on swimwear and lingerie over your own underwear and keep the seal intact.

Where we suspect fraudulent activity, including but not limited to circumstances where there are suspicious claims relating to orders having been placed, but not received, or if we suspect that you are returning items after they have been used or worn, or items returned do not match what you ordered, we reserve the right to withhold refunds and block your account (and any associated accounts) from placing orders in future. If this happens to you and you think we’ve made a mistake, you can Contact Us and we will discuss the matter with you further.

Received a faulty item? We’re really sorry to hear that you’ve received an item that’s not in perfect condition. So that we can get this fixed for you please go to our 'Contact Us' form, to help us get this fixed for you ASAP, when you first contact us please include the following information; Your Name, Order Number, Product Name and Code, Picture of the fault and a Description of the fault. The product name and code can be found on your order confirmation email. If you contact us via the 'Contact Us' form please have an image of the faulty item ready for when you receive a reply as you won’t be able to attach the image on the form just yet.