2.1 www.zulily.co.uk is a site operated by zulily UK Limited ("we, us"). We are registered in England and Wales under company number 07820690 and have our registered office at 6th Floor, One London Wall, London EC2Y 5EB. Our main trading address is 25 Eccleston Place, London SW1W 9NF. Our VAT number is 129892960.
2.2 We are a private company limited by shares. "Our Group" means our subsidiaries and ultimate holding company and its subsidiaries, from time to time, as defined in section 1159 of the Companies Act 2006.
2.3 If you wish to contact us, please see our "Contact Us" page.
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.3.2 Access to most parts and features of our site is restricted to users who have registered with us. 3.3 If you register an account with us on our site ("zulily Account") you represent and warrant that:
3.3.1 you are over 18 years of age;
3.3.2 all required registration information you submit is truthful and accurate;
3.3.3 you will update such information in order to maintain its accuracy;
3.3.4 you will comply with these terms; and
3.3.5 your use of our site (other than in accordance with these terms) will not violate any applicable law or regulation.
3.5 You may de-activate your zulily Account at any time, for any reason, by unchecking the e-mail preference box on the "My Account" section of our site.
3.6 When using our site, you must comply with the provisions of our Acceptable Use Policy as set out in clause 7 below. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3.7 We may suspend or terminate your rights to use our site (including your zulily Account) for any reason at our sole and reasonable discretion, including for any violation of our terms. Upon termination, your zulily Account and right to access and use our site will terminate immediately. You understand that any termination of your zulily Account may lead to deletion of your User Content (as defined below) associated therewith from our databases. We will not have any liability whatsoever to you for any termination of your zulily Account or deletion of your User Content.
4.1 Products and Pricing. We are under a legal obligation to supply goods that conform with our contract with you, however please be aware that the images of the products on our site ("Products") are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. The Products you receive may vary slightly from those images. All dimensions and measurements indicated on our site have a 2% tolerance. The packaging of the Products may also vary from that shown on images on our site. Please note that all Products are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered before we send the Dispatch Confirmation (in accordance with clause 4.3), we will inform you of this error and give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will either treat the order as cancelled and notify you in writing or may (at our discretion) process the order on the basis of the incorrect price where this is lower than the correct price.
Please note that even after we have sent the Dispatch Confirmation (as defined below), if a pricing error was obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at an incorrect, lower price.
4.2 Payment Terms. Please note that if you buy a Product, payment will be in advance and will be processed when you submit your order. Subject to clauses 4.1 and 4.3, for each Product you order on our site, you agree to pay the price applicable for the Product as at the time you submitted your order ("Product Price") and the delivery fees for the delivery service you select ("Delivery Fees"). We will automatically charge your credit card, debit card or PayPal account submitted as part of the order process for such amounts and you hereby authorise us to do so.
4.3 Orders. For the steps you need to take to place an order on our site, please click here. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you in a separate e-mail ("Dispatch Confirmation"), and a contract between us will only be formed when we send you the Dispatch Confirmation. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or if your order of that Product is cancelled in accordance with clause 4.1 because of an error in the price on our site, we will inform you of this by e-mail. In this case, if you have already paid for the Products, then we will issue, within 5 to 7 working days, a credit to your credit card, debit card or PayPal account (as appropriate) in the amount charged for the withdrawn order or withdrawn portion of the order (if your card or account has already been charged). If you have not yet paid, we will not charge your credit card, debit card or PayPal account.
4.4 Delivery Policy. We use a range of alternative carriers to ship and deliver your orders. We most often use a Royal Mail tracked service. This service enables us to track the progress of your delivery. Any delivery dates provided by us are estimates and time shall not be of the essence. We reserve the right to make deliveries in instalments. We will send you an email when your order has been shipped and you may review your order and delivery information on your zulily My Account page. We deliver within the UK, the Republic of Ireland and other member states of the European Union.
4.5 Promotions. Only one promotional offer may be used by you per order. Special offers, promotional codes, or discounts:
4.5.1 cannot be combined with other offers, codes or discounts or transferred unless specifically stated;
4.5.2 do not apply to gift cards or delivery rates;
4.5.3 can only be used once per user account, unless the promotion specifically states otherwise; and
4.5.4 will appear upon checkout.
4.6 Authorised use of Promotion. We reserve the right to cancel any order due to unauthorised, altered, or ineligible use of discounts and to modify or cancel any promotion due to system error or unforeseen problems. Please read any rules that accompany special offers, promotion codes, discounts, contests and sweepstakes to check whether special terms apply.
4.7 PayPal Purchases. Orders placed using a PayPal account as the payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order. Acceptance of an order only takes place in accordance with clause 4.3.
4.8 Returns Policy. As permitted by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may return Products by notifying us of your intent to return no later than 14 days after you receive our Products, unless the Product ordered is:
(a) perishable (such as food or drink);
(b) CDs, DVDs or software that you have unsealed;
(c) underwear that has been unsealed
(d) earrings that have been unsealed; or
(e) a personalised item,
in which case that order or portion of an order cannot be returned. To return Products, you should notify us by email at email@example.com. Please take time to fill in the Returns Reason Code that comes with the Dispatch Confirmation and enclose it with your returned Products. We will refund the cost of the Products and the original delivery charge. You must return the Products to us without undue delay and in any event no later than 14 calendar days from the day on which you notify us of your intent to return the Products. Products must be returned at your own cost, unless they are faulty or not as described, in which case please see clause 4.11.
4.9 Return Procedures. All returned Products should be sent to:
Clipper Logistics Group Ltd
Returned Products are your responsibility until they are received by us at the address above, and you must take reasonable care of them while they are in your possession. We recommend you use a registered postal service and retain proof of postage. We are not responsible for returned goods being lost or damaged in transit. Please ensure the product is packaged in good enough quality transport packaging to avoid any damage during transport back to our warehouse.
4.10 Refunds. If you return a Product, you will receive a full refund of the price you paid for the Products. If you return a Product pursuant to clause 4.8, you will receive a full refund for any applicable delivery charges you paid for (unless you are returning only some of the Products contained in an order, in which case you will receive a proportional refund of applicable delivery charges you paid). We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the date of receipt of your returned Products as described in clause 4.8. If you returned the Products to us because they were faulty or not as described, please see clause 4.11. Please see clause 4.3 for information on how we refund you if your order is withdrawn before you receive the Dispatch Confirmation.
4.11 Defective Products. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office. Nothing in our terms will affect these legal rights. If you return a Product to us because it is faulty or not as described we will, in addition to the refunds mentioned in clause 4.10, refund any reasonable costs you incur in returning the Product to us, (as long as the Product is being returned to us from within the UK).
5.1 Ownership. We are the owner or the licensee of all intellectual property rights in our site (excluding User Content as defined below), and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 Licence. Subject to our terms you may, for your personal and non-commercial purposes:
5.2.1 contribute content to our site, provided you do so in accordance with clauses 6 and 7;
5.2.2 print off copies and download extracts of any page(s) from our site for your personal reference, and draw the attention of third parties to material posted on our site, provided that you do not modify paper or digital copies of any materials you have printed off or downloaded in any way or use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text and that our status (and that of any other authors identified) as the authors of material on our site is always acknowledged and all copyright and other proprietary notices on our site content are retained in copies and extracts.
5.3 Certain Restrictions. The rights granted to you pursuant to our terms are subject to the following restrictions:
5.3.1 you shall not license, sell, rent, lease, transfer, assign, distribute (save as permitted in clause 5.2.2), host, or otherwise commercially exploit content on our site;
5.3.2 you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our site;
5.3.3 you shall not access our site in order to build a similar or competitive service; and
5.3.4 except as expressly stated in clause 5.2, no part of our site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
6.1 User Content.. "User Content" means any and all information and content on our site generated, submitted, contributed or made available by the users on our site (for example, a user profile, posts and contributions to forums or blogs). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, however, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site. You are solely responsible for your User Content and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. You hereby affirm, represent, and warrant that (1) you own, or have the necessary licences, rights, and/or consents to make your User Content available on our site as described herein and (ii) your User Content does not violate our Acceptable Use Policy (as set out in clause 7). In addition, you hereby indemnify us against any breach of these warranties (and we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our conduct of these proceedings and you agree not to settle any matter without our prior written consent).
6.4 Other Users. Each user of our site is solely responsible for any and all his or her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. If there is a dispute between you and any other user of our site, we are under no obligation to become involved.
7.1 This clause 7 sets out our "Acceptable Use Policy".
7.2 You agree not to use our site to upload, transmit, display, or distribute any User Content that:
7.2.1 consists of or contains inaccurate facts;
7.2.2 consists of or contains opinions not genuinely held;
7.2.3 does not comply with applicable law in the UK and in any country from which they are posted;
7.2.4 contains any material which is defamatory of any person;
7.2.5 contains any material which is obscene, offensive, hateful or inflammatory;
7.2.6 promotes sexually explicit material;
7.2.7 promotes violence;
7.2.8 promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.2.9 infringes any copyright, database right, trade mark or other intellectual property right of any other person;
7.2.10 is likely to deceive any person;
7.2.11 is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
7.2.12 promotes any illegal activity;
7.2.13 threatens, abuses or invades another's privacy, or causes annoyance, inconvenience or needless anxiety;
7.2.14 is likely to harass, upset, embarrass or alarm any other person;
7.2.15 discloses personal information about anyone or identifies anyone without his or her consent;
7.2.16 is used to impersonate any person, or to misrepresent your identity or your affiliation with any person;
7.2.17 gives the impression that it emanates from us, if this is not the case; or
7.2.18 advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7.3 In addition, you agree not to use our site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or duplicative or unsolicited messages in any form, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to our site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorised access to our site, other computer systems or networks connected to or used together with our site, through password mining or other means; or (f) harass anyone or interfere with another user's use and enjoyment of our site.
7.4 We reserve the right (but have no obligation) to review any User Content, investigate you and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of our terms, including removing or modifying your User Content, terminating your zulily Account in accordance with clause 3.7, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if, in our judgment, it violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, summons or court orders, or to protect our business and customers, we may access and disclose any information we consider necessary or appropriate, including your zulily Account username and password, IP address, traffic information, usage history, and User Content.
Use of our site
8.1 The material displayed on our site is provided without any guarantees or warranties as to its accuracy. We, other members of our Group and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity.
8.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
8.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, is hereby excluded.
8.4 If we fail to comply with such of these terms as concern your purchase of Products, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of such terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable when it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into our contract.
8.5 We only supply the Products for domestic and private use. You agree not to use this site or our Products for any commercial, business or resale purposes, and we have no liability to you in any respect for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill; or
(g) wasted management or office time,
whether any of the foregoing is direct or indirect.
8.6 Subject to clause 8.7, our liability to you or in connection with any Product we sell to you shall not exceed 200% of the price you paid for such Product, regardless of the cause or form of action.
8.7 Notwithstanding anything in these terms, we do not exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
(e) defective products under the Consumer Protection Act 1987.
9.1 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 is defined below in clause 9.2.
9.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations to you:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations 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.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your convenience. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
"Zulily" is a registered Community trade mark belonging to Zulily Inc of 2200 First Avenue South, Seattle, WA 98134, United States of America.
13.1 Invite Friends Offer Details. For every new member ("Invitee") you introduce to us, you (the "Sponsor") will receive a credit ("Referral Credit") worth in the amount stated in the relevant promotional terms and conditions when redeemed against the Sponsor's next purchase from us. The Referral Credit will be available to the Sponsor upon delivery of your Invitee's first qualifying purchase. Credits may be redeemed only against the Sponsor's next purchase. Referral Credit has no value unless used for a purchase. There is no limit to how many friends you can introduce or how many Referral Credits you can earn. Only one Referral Credit is allowed per Invitee. Invitees must join by clicking the link in the e-mail invitation or clicking on your personal invite URL for Sponsors to be eligible to receive Referral Credits after their purchases. Invitees can only accept one invite to our site. If an Invitee accepts an invite from someone else, the Sponsor will not be credited for that invitation. Any person that receives Referral Credits, prizes or other benefits by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any Referral Credits, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable laws.
13.2 Customer Credits and Referral Credits Customers may also receive credits for use on zulily.co.uk. ("Credits") are only for use on the purchase of products advertised on our site and may not be used for the purchase of gift cards or services. Credits and Referral Credits are promotional in nature and do not constitute any exchange or transfer of money or value to you. Credits and Referral Credits are not transferable to other accounts. They do not constitute property and you do not have a vested property right or interest in the Credits or Referral Credits. Credits expire eighteen months after the date of issue. Referral Credits expire according to the relevant promotional terms and conditions. We reserve the right at any time, in our discretion, and without prior notice, to discontinue any Credit or the Referral Credit programme or to add or change the Credit or Referral Credits programme rules, terms or conditions, including to change expiry dates or the values of existing or future Credits.
13.3 We reserve the right to change the terms of this offer at any time. Any changes will be notified in accordance with clause 16. We further reserve the right to suspend or terminate the account of any user we believe is engaged in fraudulent, illegal, or inappropriate conduct in relation to this offer including creating fictitious or duplicate accounts to obtain credits. If your account and/or membership is terminated for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by us and such determination is final and binding.
These terms constitutes the entire agreement between us and you, and supersedes and extinguishes any previous drafts, agreements, arrangements and understandings between us and you, whether written or oral, relating to its subject matter. You and we both agree that we shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these terms.
15.1 We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
15.3 No other person shall have any rights to enforce any of these terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.4 Each of the sub-clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sub-clauses will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 These terms are governed by English law. This means terms of our site and any dispute or claim arising out of or in connection with them will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.1 We may revise these terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
16.2 Every time you order Products from us, the terms in force at that time will apply to the contract between you and us.
16.3 Whenever we revise these terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
If you have any concerns about material which appears on our site, please contact us at firstname.lastname@example.org.
Revised July 2014