Terms & Conditions
Welcome to addtitd! Please note all terms and conditions apply to anyone who has purchased on or after the February 28th, 2018.
IMPORTANT LEGAL NOTICE
addtitd.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.addtitd.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.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. If you live in the United States, please read this carefully. Do not use the services on this website, including purchasing any items, until and unless you have read these Terms & Conditions and have agreed to them.
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 or payment account (ie Paypal, Afterpay or Laybuy) 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).
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.
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.
PRICE AND PAYMENT
1. The price payable for the Products shall be as shown on our site in American 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, Paypal, Klarna and Afterpay. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.
4. You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account.If you are using Klarna, such payment will be subject to additional terms between you and Klarna, available here. For more information about how Klarna will handle your personal data see their Privacy Policy, available here.If you are using Afterpay, such payment will be subject to additional terms between you and Afterpay, available here. For more information about how Afterpay will handle your personal data see their Privacy Policy, available here. 5. If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
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.
YOUR RIGHT TO CANCEL THE CONTRACT
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 gfrgkjdauixgif@outlook.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.
RETURNS
As an alternative to using your rights under clause 8.1, you may wish to return an item using our free returns service. For further information on returns please see our Returns Policy.
YOUR RIGHT FOR A REFUND
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.
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.
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.
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.
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.
DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER
1. IF YOU’RE A U.S. RESIDENT, YOU AND WE ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: WE BOTH AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS OR DISPUTES IN COURT OR BEFORE A JURY, EXCEPT FOR DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR INFRINGEMENTS OR OTHER VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR ANY CLAIMS FOR INDEMNIFCATION BROUGHT OR ALLEGED BY US AGAINST YOU PURSUANT TO CLAUSE 16 OF THESE TERMS AND CONDITIONS OF SALE OR CLAUSE 16 OF THE WEBSITE TERMS OF USE. WE ALSO BOTH GIVE UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM OR DISPUTE. ADDITIONALLY, OTHER RIGHTS YOU MAY HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. FOR CLARITY, THIS CLAUSE 16 REGARDING BINDING ARBITRATION AND RELATED RIGHTS AND RESTRICTIONS, INCLUDING GIVING UP RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION CLAIMS, IS APPLICABLE TO ALL CLAIMS AND DISPUTES BETWEEN YOU AND US, EXCEPT FOR ANY CLAIMS OR DISPUTES BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATIONS TO INDEMNIFY US PURSUANT TO THESE TERMS & CONDITIONS OF SALE OR PURSUANT TO THE WEBSITE TERMS OF USE. FOR MORE ABOUT CLAIMS BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, SEE CLAUSE 10 IN THE WEBSITE TERMS OF USE.
2. BY EXPRESSLY AGREEING TO THESE TERMS AND CONDITIONS OF SALE AND BY USING ANY SERVICES OF OUR SITE, YOU AGREE THAT, EXCEPT FOR ANY CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATION TO INDEMNIFY US, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
3. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.4. The arbitrator will have exclusive authority to resolve any disputes relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, or any part of it, or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.5. We will be responsible for paying any individual consumer’s initial arbitration fees. But, unless any of the claims brought affords the prevailing party an award of attorneys’ fees, and the arbitrator makes a determination to award reasonable fees to the prevailing party under the fee-shifting provided by applicable law, each party will bear its/his/her own attorneys’ fees.6. You agree to an arbitration on an individual basis. In other words, in any dispute or resolution of claim, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES OR CUSTOMERS IN COURT OR IN ARBITRATION, OTHERWISE PARTICIPATE IN ANY CLAIM BROUGHT AS A CLASS ACTION OR CLASS ARBITRATION, OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You and We agree that the arbitrator or arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator or arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may be raised only in a court of competent jurisdiction.7. If any provision of this arbitration agreement set forth in this Section 15 is found to be unenforceable or otherwise void or invalid, the unenforceable, void, or invalid provision will be severed from this Section, and the remaining arbitration terms will be enforced.
AFTER-SALES SERVICE
- Questions, comments or requests regarding these terms and conditions or our Products should be addressed to gfrgkjdauixgif@outlook.com.
- If you have any complaints these should be addressed in writing to addtitd by email to gfrgkjdauixgif@outlook.com .
- 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).
PRICING POLICY
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 with your new addtitd, it’s important to acknowledge that you understand this.