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PRIVACY NOTICE

Privacy Notice

Welcome to JustFab! We care deeply about privacy. We’re committed to being transparent about our privacy practices, including how we treat your personal information. This privacy notice, together with the materials referred to in it, describes:

  • the JustFab mobile application (“App”);
    • other JustFab products or services; and
    • all other written or oral communications, such as email or phone, with you (together, “Services”);
  • how we use that information; and
  • the steps we take to protect that information.

We need to use your personal information to operate our business and to provide you with the Services. Please read this privacy notice carefully before using the Services. By using the Services you consent to the privacy practices described in this notice. If you don’t want us to collect or use your information in the ways described in this notice, you shouldn’t use the Services.

This notice is incorporated into, and is subject to, our terms and conditions. Capitalised terms used but not defined in this notice have the meaning given to them in the terms and conditions.

TABLE OF CONTENTS 

  1. ABOUT US
  2. THE INFORMATION WE COLLECT
  3. MINORS
  4. HOW WE USE YOUR INFORMATION
  5. MESSAGES FROM US
  6. TRANSFERRING YOUR INFORMATION
  7. YOUR RIGHTS AND CHOICES
  8. ABOUT COOKIES AND SIMILAR TECHNOLOGIES
  9. RETAINING YOUR INFORMATION
  10. INFORMATION SECURITY
  11. CHANGES TO THIS NOTICE
  12. HOW TO CONTACT US
1. ABOUT US

We are JUST FAB (UK) Ltd, a company registered in England and Wales with company number: 08097376 and registered office at 25 Wilton Road, London SW1V 1LW (“we” or “us”). We operate the Services and are the data controller responsible for your personal information. You may contact us as detailed in section 12.

2. THE INFORMATION WE COLLECT

When you use the Services we collect or receive your personal information in the following ways:

  • Registration, account setup, Service usage: To enable us to provide the Services to you, you may need to provide us with certain personal information. Depending on which Services you use, you may need to provide us with a valid email address and your name, postal address, billing address, telephone number and payment information. You may also choose to provide other personal information, such as your birthday. You may review, edit and, in certain circumstances, delete this information through your account settings.
  • Automated information:We automatically receive and record information from your browser or your mobile device when you use the Services, such as your IP address or unique device identifier, cookies and data about which pages you visit, so we may operate and provide the Services. This information is stored in log files and is collected automatically. We may combine this information with other information that we or those we work with collect about you. This information is used to prevent fraud and to keep the Services secure, to analyse and understand how the Services work, and to provide advertising and a more personalised experience for you. We may also automatically collect device-specific information when you use the Services. This information may include information such as the hardware model, operating system information, App version, App usage, browser information, IP address, and device identifiers. For more information about cookies and similar technologies, see section 8.
  • Location information:We may collect information about your location from information you provide in your profile or from your IP address. With your consent, we may also determine your location by using other information provided by your device, such as GPS information or information about nearby wireless networks or mobile network masts. We may use and store this information to provide features and to improve and personalise the Services. For example, for internal analytics and performance monitoring, to localise content and (using non-precise location information) for marketing purposes. Certain non-precise location services, such as for security and localization of policies based on your IP or profile address, are critical for the Services to function.
  • Analytics information:We use data analytics to ensure the functionality of, and to improve, the Services. We use mobile analytics software to allow us to understand the functionality of the App on your mobile device. This software may record information such as how often you use the App, what happens within the App, aggregated usage, performance data, app errors and debugging information, and where the App was downloaded from. We do not link the information we store within the analytics software to any personal information that you submit within the App.
  • Information from third parties:You may choose to connect to the Services or register a JustFab account using a third party application, such as Facebook. We may receive information from those connected third party applications. We may also collect public information in order to connect with you.  We may use that information in providing the Services to you. You may also choose to share some of your activity on the Services on certain social media networks connected to your JustFab account. You may revoke your consent anytime in your account settings.
3. MINORS

Protecting the privacy of children is especially important to us. The Services are not directed towards children and we do not knowingly collect personal information from children. If you are under 18 years of age, please do not use the Services. If we learn that we have collected or received personal information from anyone under 18 years of age, we will delete this information. If you are a parent or guardian and discover that your child has provided us with personal information, please contact us as detailed in section 12.

4. HOW WE USE YOUR INFORMATION

4.1.  LEGAL BASES FOR PROCESSING

When you use the Services we collect, use, share and otherwise process your personal information as described in this notice. Whenever we process your personal information we do so on one of the following legal bases:

  • it’s necessary to perform our contract with you;
  • you have given your consent for us to do so;
  • it’s necessary for our legitimate interests or the legitimate interests of a third party;
  • it’s necessary to comply with a legal obligation or in connection with a legal claim;
  • it’s necessary in the public interest; or
  • it’s necessary to protect someone’s life.

4.2.  INFORMATION USES

  • Providing and improving the Services:We use your information to provide and improve the Services and our products, for billing and payments, for identification and authentication, for targeted marketing, for general research and aggregate reporting, and to contact you as described in section 5.  We may learn about the products and services that you’re interested in from your browsing and purchasing behaviour both through and outside the Services and may suggest potential purchases as a result. We have a legitimate interest in personalising the Services to help you discover products and services of interest to you. We may use and share your information to enable us to pursue our legitimate interests in understanding how the Services are being used, and to explore ways to improve the Services and to develop and grow our business.
  • Service providers:We work with third party service providers (“partners”), such as payment processors, couriers, and analytics and security providers, to help us operate, provide, and market the Services. These service providers have only limited access to your personal information, may use your information only to perform their specific tasks on our behalf, and are obligated not to disclose or use your information for any other purpose. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where the providers perform important functions like payment processing and shipping. In some other cases these service providers aren’t necessary for us to provide the Services, but help us to improve them, for example, by helping us to conduct market research. In such cases we have a legitimate interest in working with service providers to improve the Services.
  • Other third parties:Third party plug-ins or add-ons may collect information about your use of the Services. For example, when you load a page on the Site that has a social plug-in from a third party site or service, such as a ‘Like’ or ‘Send’ button, you are also loading content from that third party site. These interactions are subject to the privacy practices of the third party. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow the third party to recognise your computer or mobile device each time you use the Services.

Please be aware that when you use third party sites or services the terms and privacy practices of the third party will apply to your use of those sites or services. We choose and manage the third party technologies provided through the Services. However, these are third party technologies and they are subject to the third party's privacy policy. For more information, see section 8. If you provide your personal information to third parties different privacy practices may apply to the use or disclosure of the information you provide to them. We are not responsible for the privacy or security practices of third party sites or services, including those linked to or from the Services. We encourage you to read the privacy notices and to ask questions of third parties before you provide your personal information to them.

  • Legal and safety obligations:We may retain your personal information or release it to a third party in the following limited circumstances:
  • in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements;
  • to protect, establish, or exercise our legal rights or to defend against legal claims, including to collect a debt;
  • to comply with a subpoena, court order, legal process, or other legal requirement; or
  • when we believe in good faith that such processing is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of our terms and conditions.

In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. In rare cases it may also be necessary in the public interest or to prevent loss of life or personal injury. If we receive a lawful request for information in one of the limited circumstances described in this paragraph, we may disclose your personal information.

  • Aggregated information:We may share demographic information with third parties for various purposes, including to comply with our reporting obligations, for business or marketing reasons, or to assist third parties in understanding the Services and our business. Such demographic information will be aggregated and de-personalised, so that your personal information is not revealed.
  • Corporate actions:We may enter into transactions such as a sale, merger, liquidation, receivership or transfer of all or a significant portion of our business or assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term.  In such transactions user information may be transferred. If we intend to transfer information about you we will notify you as described in section 12 and, to the extent required by applicable law, you will be given an opportunity to opt out before information about you becomes subject to different privacy practices.
5. MESSAGES FROM US

We may need to contact you from time to time. You agree that we may send you service-related emails or messages. Examples of service-related messages include an email address confirmation or welcome email when you register an account, a confirmation when you place order, information concerning service availability, information about changes to key Service features or functions, and correspondence with our support team. We may also contact you by telephone for transaction-related purposes or to provide support.

If you have consented for us to do so, we may also send you marketing emails or messages. You may unsubscribe at any time from marketing messages through the opt-out link included in the messages or through your account settings.

6. TRANSFERRING YOUR INFORMATION

We are part of a global group of companies. By using the Services you acknowledge that we may use the personal information we collect or receive about you in the European Economic Area (“EEA”), US and other countries in which we and our partners operate for purposes described in this notice. This includes sharing your information with TechStyle Inc., our US parent company, and other companies in our global group.

When your personal information is transferred from your home country to another country, the laws and rules protecting that information in the country to which it is transferred may be different from those in the country in which you live. We will transfer your information only to those countries to which we are permitted by law to do so, and we will take steps to ensure that your information continues to enjoy appropriate protections.

Whenever we transfer personal information outside of the EEA, we do so on one or more of the following legal bases:

  • Privacy Shield. TechStyle Inc.and certain other companies in our global group participate in the EU-US Privacy Shield Framework. Privacy Shield provides companies with a mechanism to comply with data protection requirements when transferring personal data from the EU to the US. To learn more about Privacy Shield and to confirm TechStyle Inc.’s participation, see here. We have committed to refer unresolved complaints under Privacy Shield to BBB EU Privacy Shield, an independent dispute resolution service operated by the Council of Better Business Bureaus (“CBBB”). CBBB is a non-profit organization based in the US. Please see here for more information and to file a complaint. There is no charge to you for using this service.  In addition, under certain limited conditions, you may be able to invoke binding arbitration before the Privacy Shield Panel to be created by the US Department of Commerce and the European Commission.
  • Model Clauses. The European Commission has adopted standard contractual clauses, also known as Model Clauses, which provide safeguards for personal information that is transferred outside of the EU or EEA. You may view the Model Clauses on the Commission’s website, here.
  • Necessary to perform our contract with you. You may choose whether or not to use the Services. However, if you want to use the Services, you must to agree to the terms and conditions, which set out the contract between us and you. As we use technical infrastructure in the EEA, US and other countries to deliver the Services to you, in accordance with our contract with you, we need to transfer your personal information within the EEA, to the US and to other jurisdictions as necessary to provide the Services. We can’t provide you with the Services and perform our contract with you without transferring your information in this way.
7. YOUR RIGHTS AND CHOICES

You may review, update, correct or delete certain personal information we collect or receive about you through your account settings, or by contacting us as detailed in section 12.

You may also benefit from certain legal rights in respect of your personal information. Upon request, we will provide you with information about our processing of your personal information.  In certain circumstances, you may have the right to receive a copy of your information in an easily accessible format, and to request the deletion of your information other than information we are required to retain.  In certain cases, you may also have a right to restrict or limit the ways in which we use your personal information. If, as explained in section 4.2, we process your information based on our legitimate interests or in the public interest, you may object to this processing in certain circumstances; in such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.

Where you have provided your consent to processing of your information, you have the right to withdraw your consent at any time. If you no longer wish to receive marketing messages you may opt out as detailed in section 5. If you have consented to share your precise device location details but no longer wish to do so, you may withdraw your consent through the settings in the App or on your mobile device. 

We work with third parties to manage our ads on other sites. These third parties may use cookies or similar technologies in order to provide you with ads based upon your browsing activities and interests. If you have chosen to connect your account to an external third party application, such as Facebook, you may change your settings by changing your account settings.

If you no longer wish to use the Services or receive service-related messages you may close your account at any time by following the instructions detailed here. Please be aware that this deletion is permanent and your account cannot be reinstated.

8. ABOUT COOKIES AND SIMILAR TECHNOLOGIES

Cookies and other similar technologies (collectively, “Cookie Technologies”) are used by us and our partners. Cookie Technologies serve a number of purposes, including allowing the Services to function and helping us to understand how you use the Services.

8.1.  Types of Cookie Technologies

  • Cookies: These are small data files sent from a server to your browser. They are stored in your browser’s cache and allow a website or a third party to recognise your browser. There are three main types of cookies:
  • Session cookiesare specific to a particular visit and carry information as you view different pages so you don’t have to re-enter information every time you change pages or attempt to checkout. Session cookies expire and delete themselves automatically within a short period of time, for example, after you leave the Site or when you close your browser.
  • Persistent cookiesremember certain information about your preferences for viewing the Site, and allow us to recognise you each time you return. Persistent cookies are stored in your browser’s cache or on your mobile device until either you choose to delete them or they expire and delete themselves.
  • Third party cookiesare placed by a third party may gather browsing activity across multiple websites and sessions. They are usually a type of persistent cookie and are stored until you delete them or they expire based on the time period set in each cookie.

Cookies allow the Services to function and enable us to personalise your experience.  You may configure your browser’s settings to reflect your preference to accept or reject cookies, including how to handle third party cookies. For more information, see section 8.5.

  • Local storage objects:These are sets of data, sometimes called flash cookies, that may be stored on your browser. They may be used to maintain your preferences, history of usage, or the state or settings of an app.
  • Web beacons:These are tiny graphics, sometimes called “clear GIFs” or “web pixels”, with a unique identifier that are used to understand your browsing activity. Web beacons are rendered invisibly on web pages when you open a page.
  • Social widgets:These are buttons or icons provided by third party social media providers that allow you to interact with social media services when you view a web page or a mobile app screen. These widgets may collect browsing data, which may be received by the third party that provided the widget, and are controlled by the third parties.
  • UTM codes:These are code strings that may appear in a URL when a user moves from one web page or website to another. The string may represent information about your browsing, such as which ad, page, or publisher sent you to the receiving website.
  • Application SDKs:These are third party software development kits (“SDKs”) that are embedded in the App. These SDKs permit the collection of information about the App itself, activity in the App, and the device the App is running on.

8.2.  Purposes OF COOKIE TECHNOLOGIES

We use Cookie Technologies to recognise you on the Site, to make the Site function for you, and to help personalise your experience and use of the Services. More specifically, we use Cookie Technologies for:

  • Security and authentication: Some Cookie Technologies are essential to ensuring that the Services function, such as authenticating you and maintaining the security, safety and integrity of the Services. Without these Cookie Technologies we cannot provide the Services to you.
  • Account and user preferences: Some Cookie Technologies are used to remember your account and preferences over time. For example, to automatically log you in when you return to the Site, to maintain your choices on Site features, and to personalise content based on how you use the Services.
  • Social networks: Some Cookie Technologies help you to interact with social networks while using the Services, such as sharing content with the network. Social networks may also work with us for analytics or marketing purposes, as detailed below. You may be able to manage your privacy preferences for these social networks and their tools and widgets via your account with the network.
  • Performance and analytics: Some Cookie Technologies provide performance data on how the Services are functioning in order to help improve them. We use these Cookie Technologies to collect information about your use of the Site, such as pages visited or any errors you may encounter. These Cookie Technologies either do not collect personal information, or aggregate the information in such a way that it is anonymised. The Site and App also employ Google Analytics to help understand how the Services are used. For some of the marketing services listed below, like retargeting, data from Google Analytics may be combined with data we hold and with third party cookies. For information on how to opt out of Google Analytics Advertising Features, see section 8.5.  For more information on Google Analytics, see here.
  • Marketing services: We work with partners who may use Cookie Technologies to enable us and them to learn about the ads you see and click when you use the Services, or to show you ads within and outside the Services. These Cookie Technologies may include:
  • Frequency capping, which limits the number of times your browser or mobile device displays the same ad.
  • Attribution tracking, which identifies the ad or marketing source that brought you to the Site, or determines what source led to actions like a visit or a purchase.
  • Remarketing, which shows relevant ads to an audience based on prior browsing and purchasing patterns.
  • Audience targeting, which refers to targeting ads to a large audience based on the audience’s demographics.
  • Cross-device recognition, which recognises actions across multiple devices or browsers.

These Cookie Technologies allow a partner to recognise your computer or mobile device each time you visit the Site or App or other websites and mobile applications based on data like a cookie, your IP address, or device ID, but do not allow access to other personal information.  These third parties are required to follow applicable laws, self-regulatory programmes, and our data protection rules where applicable.  However, we do not control these third parties, who each have their own privacy practices.

8.3.  Services in the App

The App may include third party application SDKs that provide mobile performance and analytics data, bug reporting features, and APIs to third parties that help provide the Services, for social media functionality, and for marketing and advertising.

8.4.  LEGAL BASES FOR PROCESSING

We use certain Cookie Technologies to ensure the Site and App function for their intended purpose.  We do this on the basis of contractual necessity based on your agreement with us to perform the Services you have requested.  By using the Services after having been notified of our use of Cookie Technologies in the ways described in this notice and, where applicable, through notice and unambiguous acknowledgement of your consent, you agree to such use.

8.5.  Managing Cookie Technologies

You have the ability to control the use of certain Cookie Technologies:

  • Marketing preferences: You may manage your marketing preferences as detailed in section 5.
  • Browser settings: You may change your browser's settings to reflect your preferences relating to Cookie Technologies. Each browser differs, but these settings are typically under an ‘options’ or ‘preferences’ menu.  Please be aware that if you reject or block all Cookie Technologies in your browser settings, you will not be able to use some or all of the Services as some Cookie Technologies are essential for the Services to function.
  • Third party networks: If you do not wish Cookie Technologies to be used to serve you interest-based ads, you may opt out of receiving interest-based ads through Your Online Choices. Please note that you will continue to receive generic ads.
  • Third party tools: Various third parties provide plug-ins and apps that may help provide you information on, and limit or block, Cookie Technologies.
  • App: If you access Services through the App, you may also control interest-based ads on your iOS or Android device by selecting the “Limit Ad Tracking” option in the privacy section of the Settings app in iOS, or via advertising preferences on Android devices, usually in the Google Settings app. Please note you will continue to see generic ads.
9. RETAINING YOUR INFORMATION

We will retain your personal information only for as long as your account is active, as needed to provide the Services to you, or otherwise as necessary for the purposes described in this policy.  If you no longer want us to use your information to provide the Services to you, you may close your account at any time by following the instructions detailed here.

10. INFORMATION SECURITY

The security of your personal information is very important to us.  We follow generally accepted standards to protect the information we collect and receive, both during transmission and after it is received.  We maintain appropriate administrative, technical and physical safeguards to protect your information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing.  This includes, for example, firewalls, encryption, password protection and other access and authentication controls.  However, no method of transmission or storage is completely secure.  While we strive to protect your personal information, we can't guarantee its absolute security.  Your account information is protected by a password.  It is important that you protect against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services.  If you believe the security of your personal information has been compromised, please contact us as detailed in section 12.  If we become aware that your information has been compromised, we will inform you in accordance with applicable law.

11. CHANGES TO THIS NOTICE

We may amend or update this notice from time to time.  If we believe the changes are material, we’ll notify you by posting the changes on or through the Services, by sending you an email or message about the changes, and/or by posting an update in the version notes on the App’s platform.  We encourage you to check back regularly and review any updates.

12. HOW TO CONTACT US

If you have any questions or comments about this notice, your personal information, or your choices and rights, please contact:

  • our support team:
  • our EU Data Protection Officer:
    • in writing at the address in section 1, marked for the attention of the EU Data Protection Officer; or
    • by sending an email to [email protected].

You may also have the right to file a complaint against us with the Berlin Commissioner for Data Protection and Freedom of Information.  The Berlin Commissioner is our lead supervisory authority for data protection matters. The Berlin Commissioner’s contact details are:

Address: Berliner Beauftragte für Datenschutz und Informationsfreiheit

Friedrichstraße. 219

10965 Berlin

Germany

Email: [email protected]

Telephone: +49 30 13889-0

If you live in the EEA, you may also file a complaint with your local data protection authority.  You may find details of your local authority here.

05/2018

TERMS AND CONDITIONS


To get you started, please read the following important information:

  • JustFab offers an optional, flexible membership programme. It’s free to register for an account, and there’s no obligation to purchase.
  • You may purchase products at regular prices as a Guest member, or choose to become a VIP Member to receive exclusive VIP Members-only pricing and other perks.
  • You become a VIP Member when you checkout using the VIP option. As a VIP Member:
    • You’ll receive a handpicked monthly selection of looks at VIP Members-only pricing starting from £35 per outfit, along with other perks.
    • It’s your responsibility to sign into your account and either shop or “skip the month” by the 5th of the month. If you shop or skip you won’t be charged for a member credit that month. If you don’t take action between the 1st and 5th of the month, you’ll be charged £35 for a member credit on the 6th. You may use your credits at any time to shop on the website.
    • If you’re not completely satisfied with your VIP membership you may cancel it at any time.
  • We only sell to individuals, not to traders or businesses.
  • You have a statutory right to withdraw from any purchase for a full refund within 14 days. In addition, we offer a 30-day period for exchanges or return for credit.

Please note the information above is provided for your convenience only. It doesn’t alter or replace our terms and conditions, below, which we encourage you to read carefully.

TERMS AND CONDITIONS


Welcome to JustFab! This page, together with the materials referred to on it, explains the terms and conditions that apply to:

· your use of the website www.justfab.co.uk (“Site”);

· your registration as a user of the Site;

· our supply and your purchase, as either a guest or VIP Member (see clause 5), of products offered for sale on the Site (“Products”); and

· your ongoing obligations as a VIP Member.

Please read these terms and conditions carefully before using the Site. By using the Site you agree to be bound by them. If you don’t expressly accept these terms and conditions, you won’t be able to register as a Site user, purchase Products or become a VIP Member.

You should print or » download a copy of these terms and conditions and the accompanying information about your withdrawal rights for future reference.

TABLE OF CONTENTS


  1. ABOUT US
  2. YOUR STATUS
  3. ABOUT YOU AND YOUR VISITS TO THE SITE
  4. HOW OUR CONTRACTS ARE FORMED
  5. VIP MEMBERSHIP
  6. HOW VIP MEMBERSHIP WORKS
  7. VIP MEMBER >CREDITS
  8. ACCOUNT CONFIDENTIALITY AND ACCESS
  9. DELIVERY
  10. RISK AND TITLE
  11. PRICES AND PAYMENT
  12. REFUND AND EXCHANGE POLICY
  13. ENDING YOUR VIP MEMBERSHIP
  14. COEXISTENCE OF WITHDRAWAL RIGHTS
  15. THE SITE
  16. COPYRIGHT
  17. INDEMNIFICATION
  18. DISCLAIMER OF WARRANTIES
  19. OUR LIABILITY
  20. WRITTEN COMMUNICATIONS
  21. NOTICES
  22. TRANSFER OF RIGHTS AND OBLIGATIONS
  23. EVENTS OUTSIDE OUR CONTROL
  24. WAIVER
  25. SEVERABILITY
  26. ENTIRE AGREEMENT
  27. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
  28. LAW AND JURISDICTION

YOUR WITHDRAWAL RIGHTs


1. ABOUT US

1.1

We operate the Site. We are JustFab (UK) Ltd, a company registered in England and Wales under company number 08097376 and with our registered office at 25 Wilton Road, London SW1V 1LW (“we”,“us”or “JustFab”).

1.2

We will perform our obligations under these terms and conditions with reasonable skill and care. We place great value on your satisfaction. You may contact us in writing at the address above, by sending an email to [email protected], or by calling us on 020 3695 3830 (local rate).

2. YOUR STATUS

By placing an order through the Site or by becoming a VIP Member you warrant that:

a. you are legally capable of entering into a binding contract;

b. you are at least 18 years old; and

c. you are an authorised user of the payment instrument used to place your order and, where applicable, also join the VIP Membership Programme.

3. ABOUT YOU AND YOUR VISITS TO THE SITE

We process information about you in accordance with our » Privacy Policy. By using the Site you consent to such processing and you warrant that all data provided by you is accurate.

4. HOW OUR CONTRACTS ARE FORMED

After placing an order for a Product you will receive an email from us acknowledging that we have received your order. Your order is an offer to us to purchase Products. If you select the VIP option when placing your order, your order is also an application to become a VIP Member. All orders and VIP Membership applications are subject to acceptance by us. We will confirm our acceptance by sending you an email confirming that the Product has been dispatched (“Confirmation Receipt”). Please note, the Product purchase contract and, if applicable, VIP Membership contract between us will only be formed when we send you a Confirmation Receipt.

5. VIP MEMBERSHIP

5.1

JustFab offers an optional, flexible membership programme. To get started, simply take our Fashion Personality Quiz. Next, you must create and register a Site user account (“Account”). After you have successfully registered an Account, you will be able to purchase Products. There is no Account registration fee, or any other fee, and no obligation to purchase. You will not become a VIP Member simply by registering an Account.

5.2

To become a VIP Member, purchase any Product and select the ‘VIP Member’ pricing option offered at checkout. On completion of your purchase in accordance with clause 4 you will become a VIP Member. There is no registration fee, or any other fee, for VIP Members. As a VIP Member, our experts will send you by email a customised list of selected Products on the 1st day of every month (“Selection”). If you tell us you’re happy for us to do so, we’ll also send you emails, newsletters, special offers and other updates, all free of charge, to maximise your shopping experience.

5.3

The obligations associated with VIP Membership, including details of the circumstances in which you, as a VIP Member, will be charged the Credit Amount (as defined in clause 11.2) for a Credit are set out in clause 6. Each Credit Amount charged to you will be credited to your Account in the form of one Credit. Credits may only be redeemed by purchasing Products.

5.4

As a VIP Member, you have the option to purchase Products by redeeming your Credits. You may also purchase Products using other means of payment.

5.5

If you wish to terminate your Account or VIP Membership, please contact us via the Live Chat service on the Site, call us on 020 3695 3830 (local rate) or inform us in writing at JustFab (UK) Ltd, 25 Wilton Road, London SW1V 1LW.

6. HOW VIP MEMBERSHIP WORKS

VIP Members are required to take action by the 5th day of every month by selecting one of the following options. These options may be selected through your Account or by calling us on 020 3695 3830 (local rate).

a. ‘Make A Purchase’. You may purchase any Product, either by redeeming your Credits or by using another means of payment.

b. ‘Send Me New Options’. If you are not satisfied with your Selection, select the ‘Send Me New Options’ option by the 5th day of the month and our experts will send you new style options (“New Selection”). You will have 5 additional days from receipt of the email listing your New Selection to ‘Make A Purchase’ (as described in (a), above) or ‘Skip This Month’ (as described in (c), below).

c. ‘Skip This Month’. There is no obligation to purchase a Product each month. If you decide not to purchase a Product in any given month, simply select the ‘Skip This Month’ option by the 5th day of the month (or the 5th day following receipt of your New Selection, as described in (b), above) and you will not be charged the Credit Amount that month.

If you take no action by the 5th day of the month (or the 5th day following receipt of your New Selection), on the next day or shortly after we will charge the credit amount to the payment instrument associated with your account, and you will receive one credit.

7. VIP MEMBER CREDITS

Each Credit represents the right to purchase any Product to the value of the Credit Amount. Each Credit may be redeemed by purchasing any Product priced at an amount equal to the Credit Amount or as part-payment for the purchase of any Product priced at a higher amount. If you have multiple Credits on your Account you may redeem them together or separately, in a single month or over multiple months. Credits may only be redeemed by purchasing Products. Credits may be redeemed when purchasing discounted and/or promotional Products only at our discretion. Credits do not represent a prepayment for specific Products. Credits are non-transferable by gift or otherwise and VIP Members have no contractual rights to exchange or return a Credit for cash or cash equivalent. You may receive Credits by returning a Product for a Credit, as described in clause 12. You may not use a Credit to pay the Credit Amount.

8. ACCOUNT CONFIDENTIALITY AND ACCESS

8.1

You are solely responsible for maintaining the confidentiality of your Account, for all activities occurring through your Account and for all access to and use of the Site by anyone using your Account, whether or not such activities and access are actually authorised by you, including but not limited to all communications, transactions and obligations. We will not be liable or responsible for any loss or damage arising from any unauthorised use, access or any other breach of security of your Account, including but not limited to your Account password and email address. You acknowledge and accept that your use of the Site is in compliance with these terms and conditions. You further acknowledge and accept that we will have no obligation to investigate the authorisation or source of any Account activity, including purchase activity following a proper login to the Site, which is identified by a matching and current Account sign-in and password. You will notify us immediately of any unauthorised access to your Account or any other unauthorised use of the Site.

8.2

We may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these terms and conditions; (b) reasonable request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which we believe is harmful to the Site or our business interests. You agree that any termination, limitation of access and/or suspension will be made in our sole discretion and that we will not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.

9. DELIVERY

As soon as your order is dispatched, you will be provided with a tracking number via email. You may also find your order details and tracking information on the ‘Order History’ tab within your Account. We will endeavor to fulfil your order by the delivery date set out in the Confirmation Receipt. Orders are normally fulfilled within 7 working days, unless there are exceptional circumstances. We do not offer delivery outside the UK.

10. RISK AND TITLE

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any applicable delivery charges.

11. PRICES AND PAYMENT

11.1

The price of the Products and our delivery charges will be as quoted on the Site from time to time, except as described in clause 11.5 and in cases of obvious error.

11.2

The Credit Amount payable by VIP Members in the circumstances detailed in clause 6 is £35. We will not be liable for any overdraft fees or other charges that you may incur by us debiting the Credit Amount from the payment instrument associated with your Account.

11.3

All Product prices are inclusive of VAT.

11.4

Product prices, the Credit Amount and delivery charges are liable to change at any time. Any changes will not affect orders in respect of which we have already sent you a Confirmation Receipt.

11.5

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation Receipt, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.

11.6

Payment for Products must be by credit or debit card, PayPal or, where applicable, Credit. If you pay using credit or debit card or PayPal, we will not charge your payment instrument until we dispatch your order. Payment of the Credit Amount must be by credit or debit card or PayPal only. We will charge your payment instrument on or shortly after the 6th day of the month (or the 6th day following receipt of your New Selection, as described in clause 6(b)) in which a Credit Amount becomes due.

12. REFUND AND EXCHANGE POLICY

12.1

If for any reason you are not happy with your Product, you have the following options:

a. Statutory right to withdraw from the purchase contract
If you are contracting as a consumer, you have the right to withdraw from the purchase contract within 14 days without giving any reason. In this event, we will reimburse you using the same means of payment as you used for the initial transaction. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Read more about your » withdrawal right.

b. Contractual right to cancel the purchase contract
In addition to your statutory right of withdrawal described in (a), above, we grant you a 30-day period to exchange a Product for another Product, or return it for a Credit. Your right to withdraw your purchase will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product. This provision does not affect your statutory rights.

c. Return of defective Products
In circumstances where you consider that the Product does not conform to the purchase contract at the time of delivery, you should promptly contact us to arrange return of the Product. We will examine the returned Product and will notify you of your refund via email within a reasonable period of time. If we agree the Product is defective, we will carry out reimbursement using the same means of payment as you used for the initial transaction. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Product in full, together with any applicable delivery charges and, subject to you providing reasonable proof, any reasonable costs you incur in returning the item to us.

12.2

You return the Product at your own risk. Please see our » Delivery & Returns policy for details of return methods and arrangements. If none of the free return methods detailed in that policy apply or are used the costs incurred in the return of such Product will be borne by you. If you return the Product using collect charges, we may charge you for any incurred return costs. You are obliged to take reasonable care of the Product while it is in your possession and return it in the same condition in which you received it. If you fail to comply with this obligation, we may have a right of action against you for compensation.

12.3

In case of a cash refund, we will usually refund any money received from you using the same means of payment originally used by you to pay for your purchase. Any items purchased with a Credit may only be exchanged for another Product or returned for a Credit. We may withhold any refund until we have received the returned Product.

13. ENDING YOUR VIP MEMBERSHIP

13.1

You have the right to withdraw from your VIP Membership within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day we confirm your VIP Membership in accordance with clause 4. Read more about your » withdrawal right.

13.2

You may terminate your VIP Membership at any time. If you wish to terminate your VIP Membership please inform us in writing at JustFab (UK) Ltd, 25 Wilton Road, London SW1V 1LW or call us on 020 3695 3830 (local rate). There is no termination fee and the obligations detailed in clause 6 will no longer apply to you. We will not charge you any Credit Amount following termination of your VIP Membership. Please note that VIP Membership may only be terminated by the registered VIP Member.

14. COEXISTENCE OF WITHDRAWAL RIGHTS

Your rights of withdrawal from a Product purchase contract (detailed in clause 12) and from VIP membership (detailed in clause 13) coexist.

15. THE SITE

15.1

Your use of the Site for any illegal or unauthorised purpose is expressly prohibited. In consideration of your use of the Site, you agree to provide true and accurate information about yourself when creating an Account, and update your Account from time to time to keep it accurate. If you provide, or we have reasonable grounds to suspect that you have provided, information that is untrue, inaccurate, not current or incomplete, we reserve the right to suspend and refuse any and all current or future access by you to the Site or any portion of it. Furthermore, if we have any reason to believe that you may be creating fraudulent accounts or engaging in any deceptive behaviour while using the Site, we may suspend and refuse any and all current or future access by you to the Site or any portion of it. We may also refuse to honour any Credits or other benefits associated with your Account.

15.2

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of it with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part of it.

15.3

The Site may be linked to other websites. You acknowledge and agree that we will not be responsible for the availability of such external websites, and do not endorse and are not responsible or liable for any content, advertising, products and/or other materials on or available from such websites. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to that third party in accordance with our » Privacy Policy.

15.4

By connecting to the Site with a third party service you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. For more information on the types of information we collect from these third party services, please read our » Privacy Policy.

16. COPYRIGHT

Unless otherwise indicated, the Site and all content contained therein, including but not limited to text, photographs, images, icons, graphics, trademarks, trade names, logos and software (“Content”), is owned by us and protected by applicable law. You agree not to copy, publish, use, display, transmit, modify, transfer, sell, reformat, distribute, create derivative works from, or in any way exploit the Content without our prior written approval. In addition, any mechanised or systematic processes for harvesting information from the Site for any purpose are prohibited. Nothing contained in or on the Site should be construed as granting any licence or right, by implication or otherwise, to use any of the Content at any time.

17. INDEMNIFICATION

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable legal fees), based upon, arising from or related to: (a) information or content submitted, transmitted or otherwise made available on or through the Site by you or any other person accessing the Site using your Account; (b) the use of, or connection to, this Site by you or any other person accessing the Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these terms and conditions.

18. DISCLAIMER OF WARRANTIES

18.1

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES OFFERED ON OR THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

18.2

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

18.3

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.

19. OUR LIABILITY

19.1

Subject to clause 19.3, if we fail to comply with these terms and conditions, we will only be liable to you for the purchase price of the Products or the Credit Amount, as applicable.

19.2

Subject to clause 19.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories, even if such losses result from our deliberate breach:

a. loss of income or revenue;

b. loss of business;

c. loss of profits;

d. loss of anticipated savings;

e. loss of data; or

f. waste of management or office time.

However, this clause 19.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable, or any other claim for direct loss that is not excluded by categories (a) to (f) inclusive of this clause 19.2.

19.3

Nothing in these terms and conditions excludes or limits our liability for:

a. death or personal injury caused by our negligence;

b. fraud or fraudulent misrepresentation;

c. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

d. defective products under the Consumer Protection Act 1987; or

e. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

20. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. In using the Site you accept that we may contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

21. NOTICES

All notices given by you to us must be addressed to JustFab (UK) Ltd, 25 Wilton Road, London SW1V 1LW. We may give notice to you at either the email or postal address you provide to us when placing an order or creating your Account, or in any of the ways specified in clause 20. Notice given by us will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

22. TRANSFER OF RIGHTS AND OBLIGATIONS

22.1

The contract between you and us is binding on you and us and on our respective successors and assignees.

22.2

You may not transfer, assign, charge or otherwise dispose of a contract with us, or any of your rights or obligations arising under it, without our prior written consent. Credits are non-transferable by gift or otherwise.

22.3

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of our rights or obligations arising under it, at any time during the term of the contract.

23. EVENTS OUTSIDE OUR CONTROL

23.1

We will not be liable or responsible for any failure to perform, or for delay in performance of, any of our obligations under a contract with you that is caused by events outside our reasonable control (“Force Majeure Event”).

23.2

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

a. strikes, lock-outs or other industrial action;

b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

e. impossibility of the use of public or private telecommunications networks; and

f. the acts, decrees, legislation, regulations or restrictions of any government.

23.3

Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

24. WAIVER

24.1

If we fail, at any time during the term of a contract with you, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

24.2

A waiver by us of any default will not constitute a waiver of any subsequent default.

24.3

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 20.

25. SEVERABILITY

If any of these terms and conditions or any provisions of a contract with you are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

26. ENTIRE AGREEMENT

26.1

These terms and conditions and any material expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract between us.

26.2

We each acknowledge that, in entering into a contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the materials referred to in them.

26.3

Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.

26.4

Nothing in this clause limits or excludes any liability for fraud.

27. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

27.1

We reserve the right to revise and amend these terms and conditions at any time, so please review them regularly.

27.2

You will be subject to the terms and conditions and applicable policies in force at the time that you use the Site, order Products from us or become a VIP Member.

28. LAW AND JURISDICTION

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) will be governed by English law. We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. The European Commission provides an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please inform us in writing at JustFab (UK) Ltd, 25 Wilton Road, London SW1V 1LW or call us on 020 3695 3830 (local rate).

Updated 10/2017


YOUR WITHDRAWAL RIGHTS

Right of Withdrawal from the Contract for Product Purchase
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement made in writing or on a phone call.

You may contact us at:

Address: JustFab (UK) Ltd
25 Wilton Road
London SW1V 1LW

Email: [email protected]

Telephone: 020 3695 3830 (local rate)

You may use this withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

You must return the Products to:

JustFab (UK) Ltd
c/o Bleckmann Solutions B.V.
VE-Commerce Logistic Campus
John Hicksstraat 22
Trade Port Noord
5928 RR Venlo
The Netherlands

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the Products before the period of 14 days has expired. We will bear the cost of returning the Products. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.

Right of Withdrawal from VIP Membership
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day we send you an email confirming that you are now a VIP Member.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement made in writing or on a phone call.

You may contact us at:

Address: JustFab (UK) Ltd
25 Wilton Road
London SW1V 1LW

Email: [email protected]

Telephone: 020 3695 3830 (local rate)

You may use this withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal
If you withdraw from this contract, we will terminate your VIP Membership and reimburse to you all payments received from you under your VIP Membership. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement.