Accessibility & legal

Website accessibility

At Boden, we are working hard to provide a website that is accessible to all users regardless of their individual abilities. To achieve this, we are continuously monitoring, testing and auditing the website with the goal of identifying and resolving access barriers and conforming to the informative guidance criteria of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines Level AA success criteria.

If you experience any difficulty in accessing any part of this website, or have specific questions, feedback, or concerns regarding accessibility of any particular web page within our sites, please feel free to email us at [email protected] specifying the web page or URL in your email and we will make reasonable efforts to address your concerns.

Modern slavery statement

As part of our continued commitment to ensuring ethical working conditions in our supply chain and operations, we fully support the legislation put in place for the prevention of modern slavery and human trafficking.

Download our full statement to find out more

Sales Taxes

The amount of sales tax to be charged can depend upon many factors including the value and type of item purchased and the shipping destination. JP Boden Services Inc. will collect the sales/use tax on sales of taxable products shipped to destinations in Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, North Dakota, Nevada, New York, New Jersey, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming unless the sale of the product is exempt or the purchaser provides evidence that it is not required to pay sales tax on such purchases.

JP Boden Services Inc. is not required to (and doesn't) collect sales or use tax on shipments to persons in states other than those listed above.

Terms & conditions

Here’s where we put our legal caps on and do our Perry Mason impressions.

As with all terms and conditions, these get a bit technical and we’re sorry if they sound rather formal. However, they are pretty standard and designed to enhance your e-shopping experience and make it as easy and secure as possible.

The terms and conditions apply to the use of the boden.co.uk website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions).

Please note, these terms and conditions can potentially change at any time, and it is up to you to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access these websites.

If you have any queries relating to our terms and conditions, please contact the Customer Service team before placing an order.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

This arbitration agreement applies to all disputes that might arise between us, including, but not limited to, disputes arising out of or related to the Terms, the operation and content of the Website, your use of the Website, communications between You and Us, and the purchase and use all products and services offered by Us, and encompassing all federal, state, and local statutory, regulatory, constitutional, and common law claims of any kind (each a “Dispute,” and, collectively, the “Disputes”).

YOU AND JP BODEN SERVICES INC AGREE THAT ALL DISPUTES BETWEEN US THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT ONLY.

YOU AND JP BODEN SERVICES INC ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION IN CONNECTION WITH ANY SUCH DISPUTES OR TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.


This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of JP Boden Services Inc, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This agreement is binding on you and JP Boden Services Inc, as well as our respective heirs, successors, and assigns. This arbitration agreement is governed exclusively by the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration.

The Informal Settlement Process. Before you or JP Boden Services Inc can file a claim in arbitration or small claims court, we are each required first to participate in an informal settlement process for a period of sixty (60) days for the purpose of resolving that claim.

To initiate the informal settlement process, the claiming party must send to the other party a short, written statement (the “Claim Statement”) explaining each underlying Dispute in sufficient detail for the other party to understand and investigate it, along with a proposal for resolving it. You agree to send all Claim Statements to: Legal Counsel, JP Boden Services Inc, 180 Armstrong Road, Pittston, PA, 18640-9628, United States; [email protected].

You and JP Boden Services Inc will then attempt in good faith to resolve each Dispute described in the Claim Statement on an individual basis. If any such Dispute is not resolved by sixty (60) days following receipt of the Claim Statement, You and JP Boden Services Inc will thereafter have the right to file claims arising out of such Dispute either in arbitration or in small claims court, subject to the requirements described below. Any applicable statute of limitations for such claims shall be suspended for the sixty (60) days during which You and JP Boden Services Inc attempt to resolve the Dispute informally.

Claims May Only Be Resolved in Small Claims Court or By Individual Arbitration. At end of the 60-day informal settlement process, any unresolved claims arising out of any Dispute described in a Claim Statement may be asserted on an individual basis in either (1) small claims court in: (a) the county or parish where you live, if such a court is available; or (b) another location you and JP Boden Services Inc agree on, but only if the Dispute (and the relief it seeks) qualifies to be brought in that court; or (2) binding arbitration.

Arbitration Requirements and Rules. While there is no judge or jury in an arbitration, the arbitrator has the power to award the same individual relief and must follow our agreement in the same way as a court. In the event You and JP Boden Services Inc disagree on whether a Dispute must be arbitrated, the arbitrator shall have, to the fullest extent permitted by law, the sole authority to address all arguments concerning the formation, legality, and enforceability of this arbitration agreement, the scope of the arbitration agreement, and the arbitrability of any Dispute arising between you and JP Boden Services Inc.

The Arbitration Process. All arbitrations shall be before a single arbitrator. The arbitration process will differ depending on whether your claim is pursued individually or is part of a mass arbitration (which is defined below).

Arbitrations involving consumer claims shall be governed by these terms and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. Arbitrations involving all others shall be governed by these terms and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules, which you can find here: https://www.adr.org/commercial. To the extent there is a conflict between these arbitration terms and any applicable AAA rules and protocols, the terms shall control

Any court of competent jurisdiction will have the authority to enforce these arbitration requirements (including those related to mass arbitration set forth below) and, if necessary, enjoin the filing or prosecution of arbitrations and/or the assessment of fees by the AAA or any other organization, arbitrator, or mediator in a manner inconsistent with these requirements.

Disputes that involve an individual claim for less than $15,000 (US) in actual or statutory damages (but not including any amounts claimed for attorneys’ fees and incidental, consequential, punitive, or exemplary damages, and excluding any damage multipliers), whether or not they also seek declaratory or injunctive relief, must be resolved exclusively through binding non-appearance-based arbitration based solely on the written submissions of the parties. All other arbitrations will be conducted by telephone, online, or based solely on written submissions, including affidavits and will not involve any personal appearances by parties or witnesses. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.

To begin an arbitration proceeding, we each must send a letter requesting arbitration and describing our claim to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing the request online through the AAA’s website: https://www.adr.org/Support. For demands initiating against us, a copy of the demand must be sent at the same time to: Legal Counsel, JP Boden Services Inc, 180 Armstrong Road, Pittston, PA, 18640-9628, United States; [email protected].

If the AAA is for any reason unavailable or unable to handle an arbitration under these rules, You and JP Boden Services Inc shall negotiate in good faith on the substitution of another organization or individual to handle the arbitration in a manner that is consistent with the requirements of our arbitration agreement. If such an agreement cannot be reached, You or JP Boden Services Inc may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration consistent with the requirements of our arbitration agreement.

Mass Arbitration Rules. If twenty-five (25) or more claimants file, or indicate an intention to file, demands for arbitration against JP Boden Services Inc raising substantially identical claims, and counsel for the claimants are the same or coordinated across such claims (a “Mass Arbitration”), these special rules shall apply. In the case of a Mass Arbitration, to the extent there is a conflict between these Mass Arbitration rules and any other terms related to dispute resolution, these Mass Arbitration rules will control.

Each individual claim that is part of a Mass Arbitration must complete the informal settlement process before it can proceed further. Counsel for claimants and JP Boden Services Inc may agree to the submission of a single Claim Statement for all Mass Arbitration claims provided it identifies each claimant by name and address. Once the sixty (60) day informal settlement period has ended for all Mass Arbitration claims, the Mass Arbitrations must then follow a bellwether procedure (described below) in which a group of ten (10) selected claims is arbitrated (each a “bellwether arbitration”) followed by a mandatory mediation process through which one or more Mass Arbitration claims may be settled.

Counsel for claimants and counsel for JP Boden Services Inc shall each select five (5) claims for bellwether arbitrations (ten (10) in total) to be promptly decided individually as a bellwether arbitration conducted pursuant to the individual arbitration rules set forth in these terms, above, with each case assigned to a separate arbitrator. JP Boden Services Inc reserves the right, at its sole discretion, to permit counsel for claimants to select all ten (10) bellwether cases. Each bellwether arbitration shall be completed within one-hundred-twenty (120) days from the date of its selection as a bellwether arbitration. In the meantime, no other demands for arbitration may be processed or in any way deemed filed, but instead shall be stayed until the mediation process required by the Mass Arbitration rules has ended, and no fees or arbitrator compensation shall be assessed regarding such stayed cases beyond initial filing fees. For such stayed claims, all applicable statutes of limitation shall also be stayed until the mediation process required by these Mass Arbitration rules has ended.

Upon the resolution of the ten (10) bellwether cases, JP Boden Services Inc and claimants or their counsel shall participate promptly and in good faith in non-binding confidential mediation for a period of sixty (60) days. This mediation shall be conducted by the AAA under the Mediation Procedures of the American Arbitration Association as may be in effect at that time.

If the bellwether arbitrations and mediation are unsuccessful in resolving all Mass Arbitration claims, Mass Arbitration claimants whose claims have not been resolved may pursue their claim on an individual basis, but only with FairClaims, Inc. (“FairClaims”), to be arbitrated under the Small Claims Rules & Procedures, which are available here. You and We agree to split FairClaim’s fees equally, while reserving the right to ask the arbitrator to allocate the fees differently if fairness so requires.

If the AAA is for any reason unavailable or unable to handle bellwether arbitrations or the mediation called for these Mass Arbitration rules, counsel for claimants and JP Boden Services Inc shall negotiate in good faith for the substitution of another organization or individual to carry out these functions in a manner that is cost effective to both parties and proceeds in accordance with the requirements of our arbitration agreement, including with these Mass Arbitration rules. If such an agreement cannot be reached, counsel for claimants or JP Boden Services Inc. may petition a court of competent jurisdiction to appoint an organization or individual to conduct an arbitration consistent with the requirements of our arbitration agreement, including these Mass arbitration rules.

Fees and Costs. You and JP Boden Services Inc will bear its own costs, arbitral fees, and attorneys’ fees in the event of a Dispute consistent with these terms and governing arbitral rules, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If the arbitrator determines that an arbitration has been brought in bad faith or for an improper purpose, or that the demand was frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending against the claim.

No Class Actions. You and JP Boden Services Inc agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only decide the disputes of that user, not other users. Nothing in this section is intended to limit the individual relief available to either of us in arbitration or small claims court. Nor does anything in this section limit the parties’ rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims.

Rules of Construction. The requirements of these terms related to dispute resolution shall be interpreted, to the maximum extent permitted by law, to facilitate the resolution of all disputes in arbitration in a way that is cost-effective to all parties.

Severability. If any provision the terms related to dispute resolution shall be held to be unenforceable, the remaining provisions shall remain in effect to the maximum extent permitted by law in a manner that facilitates resolution of Disputes in arbitration in a way that is cost effective to all parties. To the extent that any other provision of the terms is found to be inconsistent with rights, duties, and requirements of these terms related to dispute resolution, or where the application of such a provision would change or render unenforceable any provision of these terms related to dispute resolution, such provision shall be null, void, and of no effect and the dispute resolution provisions of these terms shall control.

Survival. All provisions of the terms regarding dispute resolution, including the arbitration agreement, shall survive termination.


GENERAL INFORMATION

mybodenusa.com is the US website of JP Boden Services Inc, 180 Armstrong Road, Pittston, PA, 18640-9628, United States, a corporation registered in Delaware. which is a wholly-owned subsidiary of JP Boden (Holdings) Limited, Boden House, 114 - 120 Victoria Road, London. NW10 6NY, United Kingdom. These Conditions will apply between you and JP Boden Services Inc, when you buy an item from mybodenusa.com. The Conditions do not affect the rights you may have under any relevant statutory law.

Your contract for purchases made through mybodenusa.com is with JP Boden Services Inc.
You represent and agree that all goods ordered by you are for your own private and domestic use only and are not for resale.

You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.

You warrant that all details you provide to mybodenusa.com for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.

You agree that email can be used as a means of communication, notification and billing between us. Please be advised that we will never ask for personal details or information via email. If you receive an email asking for your personal information, username or password, or payment information, please do not respond and contact our Customer Service team immediately.

During the registration process, you must choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from mybodenusa.com under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you, it is your responsibility to inform JP Boden Services Inc as soon as possible.

You warrant that you will not use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order, or using a known invalid credit card will be prosecuted to the fullest extent of the law. JP Boden Services Inc tracks the electronic 'fingerprints' of every order placed on mybodenusa.com to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on our website.

JP Boden Services Inc reserves the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:

you fail to make payment to us when due; or you breach any of these Conditions; or when requested by us to do so, you fail to provide within a reasonable time, enough information to enable us to check the accuracy and validity of any information supplied by you, or your identity; or
we suspect you have engaged, or are about to engage, or are connected to or otherwise have way of being involved in fraudulent or illegal activity on mybodenusa.com

YOUR RESPONSIBILITIES IF YOU BREAK THESE CONDITIONS

You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

ORDERING

• When placing an order, you agree that any and all information given is accurate and complete.

• All orders are subject to acceptance by us and product availability.

• For inventory purposes, each item requested counts as an individual order. Wherever possible, we will attempt to combine multiple orders in one shipment and on one invoice. Due to inventory and packaging requirements, however, orders may be shipped over several days in multiple packages. If there is a further delay, we will not charge you until the goods leave our warehouse and we will only charge you postage once per order, no matter how many parcels we send you.

• Merchandise available for sale changes on a frequent basis. We reserve the right to make changes in our merchandise without notice. Availability information for products is listed on each individual product description. Some of our products may be available only in limited quantities, so we cannot guarantee that a product displayed on a previous visit to our website may still be available when you visit again. An item may be out of stock temporarily or permanently, or discontinued from our product line. When an item is no longer available, we take reasonable steps to remove it from the website as soon as we can. If you cannot find an item you saw on a previous visit, please notify our Customer Service team, and we will let you know whether we can find the item for you. If mybodenusa.com does not have stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be shipped.

• We take great care to ensure that all information about our products, including prices, set forth on mybodenusa.com is up-to-date, accurate and reliable. However, there may be occasions when information contained on our site may contain incomplete data, typographical errors, inaccuracies as to merchandise size, price, color or other matters, or an item that is no longer in stock. We do not warrant that the information accessible via this website is accurate, complete or current. Any errors are unintentional and we apologize if any information on the site is inaccurate. We reserve the right to correct errors and to update product information at any time, including after you have placed your order. We reserve the right to change prices of any product at any time.

• The prices displayed on this website are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. Relevant sales taxes, if any, shall be applied at checkout.

• No contract for the sale of any product will exist between you and mybodenusa.com until we accept your order by shipping the product to you. The price of any item is not guaranteed until the item has been shipped to you. When this happens, we will confirm our acceptance of your order by sending you an email. If the price of a product you have ordered should change prior to shipment, you will be notified by email that your order has not been accepted by us and will not ship. You may re-order the item at the adjusted price if you wish.

• This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including sales tax and S&H) and usual delivery times.
• You must check that all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.

• If your order has not been accepted, you will receive an explanatory email from us detailing the reasons why.

• Discount vouchers cannot be used on sale products.

• Boden reserves the right to cancel any order if the product is no longer available. No compensation will be paid in such cases but customers will not be charged for any order until the item is dispatched.

DELIVERY

• The stated delivery period within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.

• Customs Fees – Please note that we ship some orders from the UK and some from the US depending on where the stock is. Shipments from the UK to the US are subject to Federal import regulations which can incur duties and taxes levied as the parcels enter the country. Our systems are designed to settle this duty on your behalf wherever it applies. However in the (hopefully) very rare event that you, rather than us, are charged US import duties or fees for US customs clearance, please let us have proof of payment (and the customs paperwork showing that the charges relate to a Boden parcel) and we'll gladly reimburse you.

• Please note international shipments may be subject to cross-border inspections by customs authorities.

PAYMENT

• mybodenusa.com accept most major credit/debit cards, PayPal and Afterpay.

• Discover card: for American Express the security number is 4 digits on the front. All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

• Afterpay: You must be 18 or older, a resident of the U.S. and meet additional eligibility criteria to qualify. Late fees may apply. Click here for complete terms.

• Loans to California residents made or arranged pursuant to a California Finance Lenders Law license.

GIFT CARDS

• Gift cards may only be exchanged for merchandise at Boden and Mini Boden as listed in our catalogue and on our website (www.mybodenusa.com). The card may be used once only and any value remaining will be converted into Boden account credit (unless otherwise required by law). We cannot re-issue lost, stolen, mislaid or damaged gift cards. Normal purchase terms apply. USA use only

• You cannot use a Gift card to purchase Boden Gift cards.

CANCELLING AN ORDER/RETURNS PROCEDURE

• If you haven't submitted an order, you may clear the items in your shopping basket at any time by clicking the 'Remove' button next to the product you do not wish to purchase in your shopping basket.

• During the sale period, returns must be made within 45 days of receipt of your order to obtain a refund. After 45 days only an exchange or credit note will be issued.

• To reduce our footprint and become more sustainable, returns labels will no longer be included in our parcels. You can create an online returns label with a trackable service. Please enter your details in the Returns hub and follow the instructions, for more information. (Please note that the shipping label states a US address, from which point packages are shipped to us in the United Kingdom. Please do not ship packages directly to us in the United Kingdom.) You maybe be liable for any charges incurred when returning the goods to mybodenusa.com, unless the return is due to damaged or faulty merchandise, shipment or unordered or incorrect merchandise, or an error on our part, in which case, we will send you a prepaid shipping label to use when returning the item.

WHAT'S YOUR RETURN POLICY DURING FINAL SALE?

• During FINAL SALE / FINAL CLEARANCE our discounts are so good we can’t accept returns.

EXCHANGE PROCEDURE

• mybodenusa.com will be happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped due to our error within 3 months from the date of shipment. For more information, please refer to our Guarantee and Returns Policy.

PRIVACY

• We will never ask for personal details via email. If you receive an unsolicited email asking you for your mybodenusa.com log in details, please contact our Customer Service team immediately.

SUBMISSIONS

• We try to respond promptly to email messages from customers and visitors to our site. However, we are under no obligation to respond to such messages, to maintain such messages in confidence, or to pay for such comments or submissions. Please be advised that all emails, comments, feedback, suggestions, ideas and other information disclosed or submitted to us will become our property. By submitting any email or correspondence to us, you thereby release all proprietary claims and intellectual or other property rights therein.

• You agree that we may use and/or disclose information about you, such as demographics or your use of this site, in any way without revealing your personal information or identity. By taking part in promotions, contests or sweepstakes offered on the site, or by requesting promotional information or product updates, you agree that we may use your information for marketing and promotional purposes.

• You are responsible for your communications and all consequences of their submission to us. Please do not: transmit to us material that is copyrighted by a third party, without that party’s permission; send material that reveals trade secrets without permission of the owner of those trade secrets; send material that infringes on any third party’s intellectual property rights without that party’s permission; send material that is threatening, harassing, defamatory, obscene, hateful, abusive, defamatory or embarrassing to any other party; send sexually explicit images; send advertisements or solicitations; send chain letters or pyramid schemes; or impersonate another person. If you violate these provisions, or if we think you have violated them, we reserve the right to expel you from the site and prevent your future use of the site.

LIABILITY

• We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.

• If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on mybodenusa.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.

• In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.

• We have taken great care to provide accurate product images for each product for sale on the site. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will affect the colors you actually see on the screen. We are not responsible for the limitations of your monitor and cannot guarantee that your monitor’s display of any color, texture or detail of merchandise will be accurate. If you are not satisfied with your purchase for any reason, you may simply return the product following the provisions set out in these Conditions.

• The products sold on mybodenusa.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the site or for any products or services purchased from mybodenusa.com

• We have taken great care to prevent internet fraud and to ensure that any data collected from you is stored securely and safely. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers.

• We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

• We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful material or represents the full functionality, accuracy, or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. If your use of the website or the site’s material results in any costs or expenses, including without limitation, the need for services or replacement of equipment or data, we shall not be liable for those costs or expenses.

• This website and its material are provided on as “as is” basis without warranties of any kind. To the fullest extent provided by law, we disclaim warranties, whether express or implied, including those of merchantability, non-infringement of third parties’ rights, and of fitness for particular purpose. We make no warranties about the accuracy, reliability, completeness or timeliness of the site’s material, services, software, test, graphics and links. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel an order or return or exchange a product as provided herein.

• We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

• Any loss of goodwill or reputation; or

• Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

SITE CONTENTS OWNERSHIP

This site is expressly owned and operated by JP Boden. Unless otherwise noted, the design and content featured on this website, including illustrations, clothing and other product details, icons, navigational buttons, images, artwork, graphics, photography, text, audio and video clips or content, software and the like, are owned by JP Boden. This website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.

THIRD PARTY INFORMATION

We are not responsible for material displayed on third party websites or any other written material. The only prices that apply for Boden products are those stated on the Boden material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party. This website may contain links to sites owned and operated by third parties. These links are provided as a convenience to you and are not an endorsement by us of the products or materials on those sites. We are not responsible for the content of those sites and make no representation regarding the truth, quality or accuracy of same. Visiting the linked sites is at your own risk.

RECOMMEND A FRIEND

We operate a Recommend a Friend program whereby our customers can refer friends to us. Recommend a Friend is subject to the following terms and conditions.

• Names must not be registered on the DMA Pander file (www.the-dma.org/index.php).

• Please make sure that your friends do not mind your handing over their details.

• No cash, credit or other reward is payable for customer details.

No purchase is necessary to participate in the Recommend a Friend program.

NB Terms & Conditions changed 16th February 2011.

TERMINATION

These Conditions are effective unless and until terminated by either party. If, in our sole discretion, we determine that you have failed to abide by any of these Condition, we may terminate your access to our website, upon which termination, you must destroy all materials downloaded or obtained from the site and copies of those materials, whether made under the terms of these Conditions or otherwise.

WAIVER

No waiver by us of any of these Conditions on any single or multiple occasion(s) shall be construed as a waiver of any preceding or subsequent breach of any of the Conditions.

SURVIVAL

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or another of these Conditions is held to be inapplicable or unenforceable in certain circumstances.

ENTIRE AGREEMENT

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Boden and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

LAW

These Conditions shall be governed by and construed in accordance the laws of the State of Delaware.

SALES TAX

The amount of sales tax to be charged can depend upon many factors including the value and type of item purchased and the shipping destination. JP Boden Services Inc. will collect the sales/use tax on sales of taxable products shipped to destinations in Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, North Dakota, Nevada, New York, New Jersey, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming unless the sale of the product is exempt or the purchaser provides evidence that it is not required to pay sales tax on such purchases.

JP Boden Services Inc. is not required, and does not, collect sales or use tax on shipments to persons in the states other than those listed above. Your purchase may be subject to state use tax in the other states.

SENDING US YOUR PHOTOS

Please refer to our terms for photography posting.

LEAVE A REVIEW

We love to hear your feedback about our products so please leave a review!
You can leave a review by either describing what you loved or simply vote on existing reviews.
How to write a review:

• On our website, select the product and scroll down to the ‘WRITE A REVIEW’ section of that product page.

• Complete the information requested. You have the option to upload any photos before you ‘Submit’ the review. Please note that any photos uploaded may be published on the website.

• Click ‘Submit’

• A verification email will be sent to the email address you provided. Please follow the instructions in that email to verify your email address.

• All reviews go through a moderation process where they are evaluated before they are published. This process may take 72 hours or more.

• Please note that once a review is submitted, it cannot be deleted. However, you can delete any photos or media uploaded and also disconnect a review from your email address by following the instructions provided on the review verification page.
How to vote on existing reviews – (anonymous):

• On our website, select the product and go to the review section.

• Read through existing reviews and click the thumps up icon to up vote or thumbs down icon to down vote a review.

• Please note that your votes cannot be changed or deleted.

We use a third party called Power Reviews to collect our product reviews.

For more information about our privacy policy, please click here.

Terms for posting photography

Please respect others when posting photographs and treat others as you would expect to be treated yourself.


Photographs you post

You grant to Boden, its parent company, related entities and/or Partners, the right to use your photograph, name, likeness and other submissions including (but not limited to) those you have tagged on social media with @boden_clothing or @bodenclothing, (and when tagged in conjunction with #bodenbyme, #miniboden, #InBoden #InMiniBoden #bodenclothing, #boden or any other hashtags that relate to the Boden brand) and those which you have manually uploaded using our upload tool on our website, in perpetuity and for any marketing, advertising and promotional purposes, including but not limited to use on https://mybodenusa.com/, other Boden websites, emails, Boden social media pages and/or our Partners social media pages and/or their websites. Boden, its parent company, related entities and/or Partners may use, reproduce, distribute, alter and/or edit in any manner it chooses in its sole discretion.

- You are responsible for the content of any photos that you post.

- You certify to Boden that you are at least 18 years of age.

- Any photo you post will be available to anyone with access to our website or social media sites.

- For your own protection and that of the rights of others, you are advised not to post personal information about yourself or others within your photos e.g. home address; home telephone number; mobile etc.

- Posting of confidential information is prohibited. If you are aware that or think that your photo may include confidential information then do not post it.

- You may not use your photo to advertise commercial businesses and services.

- Advertisements, chain letters, pyramid schemes, and requests for money are prohibited.

- This is for individual use only. Companies or corporations may not post photos, nor should individuals use the site to promote organisations with whom they have a professional connection.

- Boden will choose which photographs it wishes to use. By posting a photograph, there is no guarantee that Boden will choose to use it.



Respect for others

- Photos should not attack, intimidate or invade the privacy of other people.

- Please do not post photos of anyone without their permission (or, if they include children, without the child’s parent or guardian’s permission).

- Do not to post any material which may be discriminatory or cause offence on the grounds of an individual's sex, race, religion or belief, ethnic or national origin, sexual orientation, age, marital status, disability, working status (part-time, fixed term).

- You may not post any material or links to any material, which is knowingly false and/or defamatory, inaccurate, abusive, harassing, obscene, profane, threatening or otherwise in violation of the law.



Privacy

- Boden is the data controller and StoryStream is the data processor. StoryStream provides social content management services (the “Services”) to Boden.

- Boden Privacy policy is available at https://www.boden.co.uk/en-gb/company-information/privacy-notice and StoryStream’s privacy policy is available at https://storystream.ai/privacy-policy/.

- StoryStream facilitates the direct upload of user photos, text, graphics, audio, video, location information and comments (“User Content” or “User Generated Content”) to websites and other digital properties operated by Boden, as well as the collection of User Content from social media sites on behalf of Boden.



Copyright and third party rights

- You own the copyright to the material you post but you agree to grant us perpetual, royalty-free, non-exclusive rights to publish your entry on any media.

- You agree that you will not use this forum to post any copyright material, which is not your own without the express permission of the copyright holder.


Restricting access

- We reserve the right to remove photographs for any user who persistently breaks these rules.



Complaints

If you wish to make a complaint regarding a photograph i.e. that it is objectionable, in breach of copyright or otherwise in breach of these Rules then please contact us at [email protected]. If a formal complaint is made against you, we reserve the right to refuse further posts from you. While Boden has control over its own gallery, where a photograph is posted on third party sites (e.g. social media) it may be out of Boden’s control whether or not it can require the removal of a photograph. In such cases, you will need to contact the third party website directly.



Disclaimer

Photographs posted to this site are those of the individual and in no way represent the views of JP Boden & Co. Limited. We reserve the right to remove any photograph for any reason whatsoever in our sole discretion.



How to post a photograph

Method 1 – Social Media submission.


Users can tag a photo of themselves wearing Boden (at least one item of clothing) with one of our brand handles mentioned in their copy (@boden_clothing on Instagram and @bodenclothing on Twitter). This may be used in conjunction with (but not limited to) the following hashtags; (#bodenbyme, #miniboden, #boden #bodenclothing or any other hashtags that relate to the Boden brand).

Use of the Boden handle will pull images in to our User Generated Content approval tool and images that abide to the brand guidelines will be collected. Boden will then post a comment to that piece of social media content asking the user to agree to these terms and conditions. The user must comment back on the same piece of content with the hashtag ‘#YesBoden’ as requested in Boden’s comment. Once the user has approved this rights request, the content will be available for Boden to use as stipulated above.

If published, the users’ social handle will become their username and their profile photo will be made public. Visitors will be able to click on the profile image or username to be taken to view the users’ social account.


Method 2 – Manual upload

Users can go to the Boden site and click to upload their own #BodenByMe image by clicking ‘add a photo’. They will be steered through a process of uploading an image from their photo library or social channel.

They will then be led to register their name and email or sign in via a social channel in order for us to assign them a username.
In the same process as with the handle use, the image will then pull into our approval tool. If published live, the username will be displayed publically.



Influencer whitelisting

If you are an Influencer who works with Boden in a professional capacity (e.g. the gifting of products or commissioned content), your handle may be whitelisted so that you do not need to manually give Boden rights approval to each image (via the use of #YesBoden as explained above). Should you prefer not to be whitelisted, please email your Boden contact to request this.