1. Terms of Website Use
2. Information About Us
3. Accessing Our Site
4. Terms of Sale
5. Intellectual Property Rights
6. User Content
7. Acceptable Use Policy
8. Our Liability To You
9. Events Outside Our Control
10. Information About You And Your Visits to The Site
11. Links From Our Site
12. Trademarks
13. Invite Friends Policy And Customer Credits
14. Entire Agreement
15. Other Terms
16. Variations
17. Your Concerns
This page (together with our Privacy Practices, Our Use of Cookies, and any other documents referred to therein) ("our terms") tells you the terms of use on which you may make use of our website www.zulily.com and its respective subdomains, including any future release, update, or other addition to functionality (collectively, "our site"), whether as a guest or a registered user. Please read our terms of use carefully before you start to use our site. By using our site, you indicate that you accept our terms of use and that you agree to abide by them. If you do not agree to our terms of use, please refrain from using our site. Our terms supersede any previous terms of use
2.1 Our site is operated by Zulily, LLC ("Zulily", "we", "us" or "our"). Our registered office is at 2601 Elliott Avenue, Suite 200, Seattle, Washington, 98121, USA.
2.2 "Our Group" means us and our subsidiaries, from time to time.
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 offers we provide on our site without notice (see below). We will not be liable if for any reason our site is fully or partially 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:
3.4 You agree not to disclose to any third party, and are responsible for maintaining the confidentiality of, your Zulily Account login information (including your user identification code and password) and are fully responsible for all activities that occur under your Zulily Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Zulily Account or any other breach of security. We will not be liable for any loss or damage arising from your actions or failure to act as required by this clause 3.4. We will protect your Zulily Account information in accordance with our Privacy Practices. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we find that you have failed to comply with any of the provisions of our terms of use or that your Zulily Account has been accessed without authorization.
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 our terms, and that they comply with them.
3.7 We may suspend or terminate your rights to use our site (including your Zulily Account), 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 colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color 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 unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at an incorrect, lower price.
Unless otherwise noted, the "Suggested value" strike-through price displayed for products on our Web site is based on the suggested retail price for the product provided to Zulily by our vendor or the price advertised by another retailer for the same item or style (which may include a different color or pattern). The strike-through price is not a price at which Zulily previously sold the product. Because we sell our products over the Internet nationwide and internationally, the strike-through price may or may not represent the prevailing price at any particular time or in every location, and we make no promises about the reliability or accuracy of any such information.Some of our vendors provide merchandise to Zulily that is not widely sold elsewhere or that is exclusive to Zulily. For items in this category that are similar - but not identical - to products sold through other retailers, we use the phrase “Compare at” next to the strike-through to indicate your savings. This “Compare at” price represents the vendor’s estimated original retail value of a comparable item of the same quality, construction and material offered elsewhere. While pricing is not an exact science, our Zulily team has years of retail experience and partners with our vendors to determine whether an item is comparable based on the type and quality of the material, and the construction of the item. Ultimately, our “Compare at” price is an estimate of the original retail price of comparable items.
For items that we offer as a set, the strike-through price is based on the total of all the suggested retail prices for each item in the set. For clothing items that are priced higher for larger sizes, we average the prices across sizes to determine the strike-through price.
For international sales of products from the U.S. to a foreign jurisdiction, the strike-through price reflects the exchange rate conversion from the U.S. strike-through price plus, if applicable, an adjustment for additional international surcharges that cover items such as taxes, duties, and shipping. As a result, the strike-through price you see may be different than what you see at another retailer that uses a different methodology for calculating international surcharges or for which no surcharges apply.
The "you are saving" amount is based on the strike-through price compared to the Zulily price.
Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.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") as well as any applicable Taxes (as defined below). 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. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Zulily’s business activities in a state, such as income taxes), fees, duties and other government charges, and any related penalties and interest, arising from the Product purchase ("Taxes") not withheld by Zulily. By ordering goods from Zulily, you hereby agree that:
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. We reserve the right to limit product quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, restrict or prohibit purchases of any products to resellers, dealers, and distributors. 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 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. Specifically, you agree that delivery may take longer than 30 calendar days from the date your order was accepted. You agree that we may make deliveries in instalments. We will send you an e-mail when your order has been shipped and you may review your order and delivery information on your Zulily My Account page.
4.5 Promotions. Only one promotional offer may be used by you per order. Special offers, promotional codes, or discounts:
4.6 Authorised use of Promotion. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of discounts and to modify or cancel any promotion due to system error or unforeseen problems. Zulily also reserves the right to limit product quantities on orders placed by the same account, same method of payment, or that use the same billing or shipping address. 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 Cancellation and Returns Policy. You may cancel your order and/or 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:
in which case that order or portion of an order cannot be returned.
All cancellations/returns must follow the Cancellation/Return Procedures below.
4.9 Cancellation/Return Procedures.To cancel your order or return the Products within 14 days after you receive our Products, please contact us at international@zulily.com and use the words “cancel” or “return” in the subject line of your email. We will refund the cost of the Products and the original delivery charge. Products must be returned at your own cost, unless they are faulty or not as described, in which case please see clause 4.11. 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 submit your Return/Cancellation request.
All returned Products should be sent to the address that will be notified by Zulily to you on receipt of your intention to return the goods. 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 products 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 Product. 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. Defective Products. As a consumer, you may have legal rights in relation to Products that are faulty or not as described. Nothing in our terms will affect these rights.
If you believe a product you have received is defective and would like to return it, please follow the instructions above. In addition to refunding the product, we will also return the reasonable costs you incurred in returning the product to us.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:
5.3 Certain Restrictions. The rights granted to you pursuant to our terms are subject to the following restrictions:
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. You hereby affirm, represent, and warrant that (1) you own, or have the necessary licenses, 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 defense 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).
6.2 You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not us), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. We will protect User Content in accordance with our Privacy Practices.
6.3 Licence.License. By generating, submitting or making available your User Content on our site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works and otherwise use your User Content, and to grant sublicences of the foregoing, solely for the purposes of including your User Content on our site. You agree to irrevocably waive (and, to the extent within your control, cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose, subject to the provisions of our Privacy Practices. We also have the right to disclose your identity to any third parties who claim that material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
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:
7.3 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 unauthorized 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 unauthorized 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.
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 Unless prohibited by applicable local law, 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 our site or our Products for any commercial, business or resale purposes, and we have no liability to you in any respect for:
8.6 Unless prohibited by applicable law and 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:
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 a Force Majeure event. Force Majeure is defined below in clause 9.2.
9.2 “Force Majeure” means any event which is not foreseeable, beyond our control and which we cannot avoid through appropriate actions, 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:
We process information about you in accordance with our Privacy Practices and Our Use of Cookies, which are hereby incorporated into our terms. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
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, including as to any content or accessibility of content or for any loss or damage that may arise from your use of them.
"Zulily" is a registered Community trade mark belonging to Zulily, LLC of 2601 Elliott Avenue, Suite 200, Seattle, Washington, 98121, 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 our site. ("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 programmed or to add or change the Credit or Referral Credits programmed 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 constitute 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 you and 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.
16.1 We may revise these terms from time to time in the following circumstances:
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 bottom of this page.
If you have any concerns about material which appears on our site, please contact us at international@zulily.com.
Revised January 25, 2022
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