2. YOUR STATUS1.1We operate the website www.justfab.co.uk. We are JustFab (UK) Limited, a company registered in England and Wales under company number 08097376 and with our registered office at 2nd Floor, 201 Haverstock Hill, London, NW3 4QG ("we, us or JustFab").
3. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE2.1By placing an order through our Site or using the JustFab VIP Membership Programme, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and
- you are the authorised user of the credit or debit card used to access the Services.
5. JUSTFAB MEMBERSHIP4.1After placing an order for a Product or subscribing to any of our membership services, you will receive an email from us acknowledging that we have received your order or subscription request. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase our Product or Services. All orders and subscription requests are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched or that you are now subscribed to our Services (Confirmation Receipt). The contract between us (Contract) will only be formed when we send you the Confirmation Receipt.
6. HOW VIP MEMBERSHIP WORKS5.1JustFab provides a monthly membership programme that grants you access to style experts and the latest shoe, handbag and fashion trends. To get started, simply take our Fashion Personality Quiz. Next, you must register and create a member account through our Site ("Account"). After you have successfully created an Account, you will have the option to select your favourite item(s) from the 'My Boutique' section of your Account. There is no registration fee and no obligation to purchase.
5.2To become a JustFab VIP Member, simply purchase any Product on our Site and select the 'VIP Member' pricing option offered at checkout and you will be automatically enrolled in the JustFab VIP Membership Programme, which includes the monthly, automatic style purchase feature ("Monthly Options"). As a JustFab VIP Member, our experts will send you a customised selection of Products on the 1st day of every month. You will also receive emails, newsletters, special offers and other updates to maximise your shopping experience.
5.3The subscription fee for the JustFab VIP Membership Programme is set out below under "Price and Payment". Your subscription fee will be credited to your Account (Credit) and can be redeemed against our Products each month.
5.4As a JustFab VIP Member, you will have the option to purchase JustFab branded Products to the value of your Credit. In addition, from time to time, the Site will offer for purchase additional specialty items created exclusively for JustFab by premier trendsetting partners. In order to bring you the most fabulous fashion trends not offered anywhere else, these exclusive Products may be offered at prices outside of your Credit for which you will be required to pay an additional amount.
5.5JustFab VIP Members who purchase at least one Product will have the additional option to purchase selected flats, clutches, jewellery, sunglasses and certain other fashion items for £25 each.
7. CREDITS6.1Depending on your mood, as a JustFab VIP Member, you will have the following options each month:
- 'Send Me Styles.' As a JustFab VIP Member, you will be required to take action by the 5th day of every month by selecting one of the Monthly Options. These options can be selected through your online Account or by calling customer service at 0800 433 4114. You may purchase additional Products as well.
- 'Send Me New Options'. If you are not satisfied with your selections, you may select the 'Send Me New Options' button by the 5th day of the month and our experts will send you new style options within five (5) working days ("New Selection"). You will have five (5) additional days from receipt of the email displaying your New Selection to select your monthly membership item or select the 'Skip This Month' option (as described below).
- 'Skip This Month'. There is no obligation to select and buy a Product each month. Should you decide not to select a Product for 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 above) and you will not be charged that month. If you do not 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 above), you will be charged the subscription fee and you will receive one Credit.
8. ACCOUNT CONFIDENTIALITY AND ACCESS7.1Each Credit can be redeemed towards the purchase of one Product in any future months. Even if you decide to "Skip This Month", you may return to your Account at any time to make a selection. If you have multiple credits, you may redeem them together or separately, in a single month or gradually over time. Credits have no cash value and can only be redeemed toward purchasing a Product. Credits cannot be used to pay your monthly subscription fee. You can also gain Credits by returning a Product for a Credit (in accordance with our Refunds and Exchange Policy below).
9. CONSUMER RIGHTS8.1You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and 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 shall 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 member sign-in 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 JustFab shall have no obligation to investigate the authorisation or source of any Account activity, including purchase activity following a proper log-in to the Site, which is identified by a matching and current member sign-in and user password. You shall notify us immediately of any unauthorised access to your Account or any other unauthorised use of the Site.
8.2We 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) upon 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 shall be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
10. DELIVERY9.1If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products or, in the case of JustFab VIP Membership Programme, beginning on the day we send you a Confirmation Receipt. In this case, you will receive a full refund of the price paid for the Products or the subscription fee in accordance with our Refunds and Exchange Policy below.
9.2To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
11. RISK AND TITLE10.1As soon as your order is dispatched, you will be provided with a tracking number via email. You can also find your order details and tracking information on the 'Order History' tab within your Account. Your order will be fulfilled by the delivery date set out in the Confirmation Receipt. The Products will normally be delivered within 7 working days, unless there are exceptional circumstances. We do not offer delivery outside of the UK.
12. PRICE AND PAYMENT11.1The Products will be at your risk from the time of delivery.
11.2Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
13. OUR REFUNDS AND EXCHANGE POLICY12.1The price of the Products and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error.
12.2The monthly subscription fee for the JustFab VIP Membership Programme is £35.
12.3Prices are inclusive of VAT.
12.4Product prices, subscription fees and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Receipt.
12.5Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our 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 our 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.
12.6We 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 unmistakeable and could have reasonably been recognised by you as an error.
12.7Payment for all Products or Services must be by credit or debit card. We will not charge your credit or debit card until we dispatch your order. In the case of JustFab VIP Membership, we will debit your credit or debit card each month.
14. OUR SITE13.1If for any reason you are not happy with your Product, you can exchange a Product for another Product, or return it for a credit or refund, up to 30 days from the original date of delivery.
13.2If you return a Product to us:
- because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 9.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges.
- because you consider that the Product is defective, we will examine the returned Product and will notify you of your refund via email within a reasonable period of time. 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, any applicable delivery charges and any reasonable costs you incur in returning the item to us subject to proof of delivery charges.13.3We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Any items purchased with a Credit can only be exchanged for another Product or returned for a Credit.
13.4You may cancel your JustFab VIP Membership Account at any time. If you wish to cancel your Account please inform us in writing. There is no cancellation fee and we will not charge you any further monthly subscription following notification of your cancellation. Please be advised that an Account may only be cancelled by the registered JustFab VIP Member.
15. COPYRIGHT14.1Your 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 thereof. 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 thereof and may also refuse to honour any credits or other earned benefits.
14.2We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or any part thereof.
14.3The 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 shall 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 the third party seller.
16. INDEMNIFICATION15.1Unless 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 JustFab 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. DISCLAIMER OF WARRANTIES16.1You agree to indemnify and hold the JustFab and its 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 our 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. OUR LIABILITY17.1YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
17.2TO 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.
17.3JUSTFAB MAKES 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 SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE 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. WRITTEN COMMUNICATIONS18.1Subject to clause 18.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products or your monthly subscription fee.
18.2Subject to clause 18.3, 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:
However, this clause 18.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 18.2.
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
18.3Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.18.4Where you buy any Product from a third party seller through our Site, the seller's individual liability will be set out in the seller's terms and conditions.
20. NOTICES19.1Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. 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. TRANSFER OF RIGHTS AND OBLIGATIONS20.1All notices given by you to us must be addressed to JustFab (UK) Limited at 2nd Floor, 201 Haverstock Hill, London, NW3 4QG or emailed to us at firstname.lastname@example.org. 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 above. Notice will be deemed received and properly served immediately when posted on our website, 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. EVENTS OUTSIDE OUR CONTROL21.1The contract between you and us is binding on you and us and on our respective successors and assignees.
21.2You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
21.3We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
23. WAIVER22.1We 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 events outside our reasonable control (Force Majeure Event).
22.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.22.3Our performance under any Contract 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. SEVERABILITY23.1If we fail, at any time during the term of a Contract, 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.
23.2A waiver by us of any default will not constitute a waiver of any subsequent default.
23.3No 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 21 above.
25. ENTIRE AGREEMENT24.1If any of these terms and Conditions or any provisions of a Contract 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. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS25.1These terms and conditions and any document 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.
25.2We 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 documents referred to in them.
25.3Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
25.4Nothing in this clause limits or excludes any liability for fraud.
27. LAW AND JURISDICTION26.1We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities, so please review our terms regularly.
26.2You will be subject to the policies and terms and conditions in force at the time that you order Products from us or subscribe to the JustFab VIP Membership Programme, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation Receipt (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Confirmation Receipt).
27.1Contracts for the purchase of Products through our site 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. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.