(Effective Date: May 25, 2018)

Your Privacy and the Security of Your Personal Information is Very Important to Us

We, Forever 21, Inc., Forever 21 Global B.V., and our U.S. and European affiliates (collectively, "Forever 21,” “we” and “us”) value our customers and visitors to our websites and respect your concerns about the privacy of your personal data and data security and strive to provide you with a safe and secure experience in fashion, style, and shipping. Our Privacy Policy (“Privacy Policy”) is intended to inform you about our dedication to complying with the EU-U.S. and Swiss-U.S. Privacy Shield as a mechanism for enabling the transfer of personal data from the EU to U.S. We encourage you to contact us if this Privacy Policy does not answer any questions you may have that are not answered below.

This Privacy Policy applies to our websites hosted in Europe and to our websites hosted in the United States to the extent that they are visited by individuals residing in the European Union or elsewhere in the European Economic Area or in Switzerland (collectively, "European Residents"). This policy also applies to our fashion marketing and sales activities as well as other communications with European Residents, including persons who visit our Forever 21 stores in Europe. This Policy applies as well to European job candidates who submit applications or résumés to us through a website or by email, post or in person. This Privacy Policy protects consumers and job candidates providing information through our websites, stores or other communication channels and is not designed to protect business data.

In this Privacy Policy, the term “your device" refers to any computer, tablet, smart phone or other device you are using to access our websites or to operate the Forever 21 mobile applications. Websites that are owned and operated by Forever 21 may contain links to websites that are owned and operated by other companies. This Statement does not apply to websites and services that are owned and operated by third parties.

We understand the importance that our customers place on privacy and have designed this Privacy Policy to describe our information-gathering and dissemination practices. You agree to this Privacy Policy when you: 1) access or use any Site; and/or 2) consent to receive e-mails from us. If you do not consent to this Privacy Policy, you may not use this Site.

This Privacy Policy went into effect on the date noted above. Please note that we reserve the right to review and update this Privacy Policy from time to time. If we make any material changes to the Privacy Policy, we will notify you by means of a general notice on the Sites prior to the change taking effect. If you use a Site after the updated Privacy Policy becomes effective, you will be deemed to have agreed to the amended Privacy Policy.

This Privacy Policy addresses the following:

1. Information that we collect about you.
2. Cookies and other tracking technology that we use.
3. What we do with the information that we collect.
4. What individual rights you have with your personal data
5. With whom we share the information we collect.
6. Our opt-out policy.
7. Miscellaneous.

1. INFORMATION THAT WE COLLECT ABOUT YOU

   Information Provided by You Upon Registration. When you register for an account on a Site, we may collect the following information that allows us to indentify you ("Personal Information"):

   1. Name
   2. E-mail address
   3. Zip/Postal Code
   4. Home Phone
   5. Mobile Phone
   6. Credit Card number
   7. Billing address
   8. User Name
   
   

   Information Provided When You Contact Us. We may collect Personal Information that you voluntarily provide to us when you contact us with a question or comment about our products and services. We generally collect one or more of the following types of Personal Information when you contact us with a question or comment or request information from us about our products and services:

   1. Name
   2. E-mail address
   3. Phone Number
   4. Purchase Order
   
   

   Information Provided When You Shop at Our Stores. When you shop at one of our stores, we may collect Personal Information that you voluntarily provide to us before or after you make a purchase in connection with marketing activities such as signing up to our newsletter. During your purchase, we may collect the following information that allows us to process your transaction:

   1. Name
   2. E-mail address
   3. Phone Number
   4. Purchase Order
   5. Credit card number
   
   

   Information Provided When You Apply for a Job with Us. When you apply for a job with us, we may collect your name, address, phone number, email address, previous work experience, references and other personal information about your background and experience.

   Passively Collected Information. When you access our Sites, we automatically collect your computer or device’s internet protocol (IP) address and other technical information about your computer or device and website usage, such as your browser type and version, time zone setting, and operating system and platform. We may also collect information about you through social media sites you use to access our Site depending the permissions you have given for access to your information. We also use cookies on our Sites; for more information, please see the “Cookies and Other Tracking Technologies” section below.

   Information Collected From Our Partners We may partner with our third party resellers to receive information about you, such as name and contact information. This helps us to fulfill your service requests and/or to provide you with services that may be of interest to you.

2. COOKIES AND OTHER TRACKING TECHNOLOGIES THAT WE USE

   We and our service providers use cookies, beacons, embedded scripts and local shared objects in connection with the Sites.

   • Cookies are small text files that are stored on your computer or device when you visit our sites. Cookies allow a website to recognize a particular device or browser. The use of cookies is a standard practice among websites to collect information about visitors’ activities and to make using websites easier for you.
   • Beacons are small graphical images (also known as “pixel tags” or “clear GIFs”) that may be included on our Sites and typically work in conjunction with cookies to identify our users and user behavior.
   • An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your computer or device from our web server or a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.
   • Local Shared Objects Local shared objects (or Flash cookies) are pieces of data that websites which use Adobe Flash may store on a user’s computer or device. Third parties with whom we partner to provide certain features on our Sites or to display advertising based upon your web browsing activity use local shared objects. Various browsers may offer their own management tools for removing local shared objects. In addition, you may manage Flash cookies by clicking here.

   The above technologies are used in analyzing trends, administering the Sites, services and products, tracking users’ movements around the Sites and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

   We use cookies to remember users’ settings, market products and services to users, and for authentication purposes. For more information about how we use cookies, please see our Cookies Policy.

   "Do Not Track" Technology: Some newer web browsers have a "Do Not Track" preference that transmits a "Do Not Track" header to the websites you visit with information indicating that you do not want your activity to be tracked. We currently do not respond to browser "Do Not Track" signals.

   Third-Party Advertising Services: We partner with third parties that may use technologies such as cookies (and local stored objects as described above) to gather information about your activities on the Sites and elsewhere on the Internet in order to provide you with relevant advertising based upon your browsing activities and interests. This type of advertising is sometimes called interest-based advertising. No personally-identifiable information is collected or used in this process. If you wish to not have this information collected and used for interest-based advertising, you may opt-out by clicking here for partners that participate in the TRUSTe opt-out tool (or if located in the European Union click here). If you wish to opt-out from this type of advertising for companies that participate in the Network Advertising Initiative, please click here. If you wish to opt-out from this type of advertising for companies that participate in the Digital Advertising Alliance (“DAA”), you can do so here. Please note that this does not opt you out of being served ads. You will continue to receive generic ads. Forever 21 adheres to the DAA’s Self-Regulatory Principles.

   Third-Party Analytics: We may also use service providers, such as Google Analytics, that may use cookies or other technologies to collect information about your online activities across this and other sites over time for non-advertising purposes such as those described above. To learn more about how Google Analytics collects and processes data and the choices Google may offer to control these activities, you may visit http://www.google.com/intl/en/policies/privacy/partners/.

   Google Analytics: To help facilitate the delivery of relevant content, we use Google Analytics and have implemented the following Google Advertising Features: Remarketing, Impression Reporting, and Demographics and Interest Reporting. We use Google Analytics cookies and other Google advertising cookies. You can opt out of the Google Analytics Advertising Features we use by indicating your preference using the interest-based opt-out link here. Google also provides a complete privacy policy, and instructions on opting out of Google Analytics here. Note that Google’s opt-out mechanism is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.

3. WHAT WE DO WITH THE INFORMATION WE COLLECT

   As examples of how we may use Personal Information that we collect, we use Personal Information in the following ways:

   • Information Provided by You Upon Registration and Making a Purchase Online or at Our Stores. We may use this Personal Information to administer your access to a Site, verify your identity, and provide our products or services to you.
   • Information Provided When You Contact Us. We may use this Personal Information to understand and respond to your question or comment.
   • General Uses. We may also use your Personal Information to improve and personalize your experience with us, and, with your consent where necessary, send you information about us and keep you informed of our other products and services that may be of interest to you.
   • Passively Collected Information. We use passively collected information to monitor and maintain the performance of our Sites, analyze trends, usage and activities in connection with our services, validate users and ensure their technological compatibility with users, and optimise our marketing efforts.
   • Aggregate data. We may use your Personal Information to create aggregate data which does not include any Personal Information and which cannot be used to identify you. For example, aggregate data may include data that describes the general demographics, usage or other characteristics of a Site’s users. We reserve the right to transfer and/or sell aggregate or group data about a Site’s users for lawful purposes.
   • Data Retention. Your Personal Information will be stored in the United States and will also be subject to laws applicable in that country. If you have any questions about security on our Sites, you can contact us at privacy@forever21.com. We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.

4. YOUR INDIVIDUAL RIGHTS

   You may request address any of your individual rights listed below by emailing our Customer Support at eucustomerservice@forever21inc.com with information necessary for us to process your request. We will respond to your requests regarding your individual rights within 30 days. We may need to verify your identity before granting access to personal Information in our custody or control. Please see above regarding our retention policy. Any further questions can be sent to DPO@forever21.com.

   • Accessing your Personal Data. You may request free of charge and at any time information on the data we have stored with regard to your person.
   • Correcting your Personal Data. If you have requested your personal data and have found the personal data to be inaccurate or incomplete, you may request to have the data corrected or completed by proving updated or corrected information to DPO@forever21.com.
   • Erasing your Personal Data. You have the right to be forgotten. You may have your personal data entirely erased from the Forever 21 database, making the data no longer available for us to use (see above) when there is no compelling purpose for us to keep your personal data.
   • Moving your Personal Data. You have the right to obtain and reuse your personal data for your own purpose and may request the information for the purposes of moving it to another service of your choice.
   • Lodging a complaint with a Supervisory Authority. You have the right to lodge a complaint with a supervisory authority within your Member State if you believe there has been an infringement of the General Data Protection Regulation. The complaint may be lodged within the Member State where you live or work, or where any infringement occurred.

5. WITH WHOM WE SHARE THE INFORMATION WE COLLECT

   We may share your Personal Information with third parties as described in this Privacy Policy or otherwise with your permission. We reserve the right to transfer data, including aggregate and de-identified data derived from Personal Information, for lawful purposes in our discretion.

   • We may share Personal Information with affiliated businesses.
   • Service Providers. We, like many businesses, sometimes hire other companies ("Service Providers") to perform certain business-related functions. Examples include mailing information, maintaining databases, and hosting services. When we employ a Service Provider to perform a function of this nature, we provide it with the information that it needs to perform its specific function, which may include Personal Information and other information that you provide to us via a Site. These companies are authorised to use your Personal Information only as necessary to provide these services to us.
   • Third Parties for Marketing and Other Purposes. With your prior consent, we may share with selected third party partners for our marketing purposes.
   • Legal Requirements. We may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a subpoena or similar legal obligation, (b) protect and defend our rights or property, (c) act in urgent circumstances to protect the personal safety of users of any Site or the public, (d) protect against legal liability, or (e) or as otherwise required or permitted by law.
   • Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, total or partial sale of assets in bankruptcy or similar event, Personal Information may be part of the transferred assets, but this will be conducted in compliance with EU and UK Privacy Laws and Regulations.
   • Some of our pages utilize framing techniques to serve content to you from our partners while preserving the look and feel of our Sites. When you interact with content from our partners displayed on our Site, please be aware that you are providing your Personal Information to these third parties and it will be governed by their respective privacy policies.

6. OUR OPT-OUT POLICY

   Email Marketing. To stop receiving newsletters or marketing communications from us or to opt out of having your email address shared with third parties, please use the “unsubscribe” mechanism provided in the communication (such as the “unsubscribe” link at the bottom of the marketing email) or send an e-mail to eucustomerservice@forever21inc.com along with the information necessary for us to process your request.

   Direct Mail. To stop receiving direct mail from us, fill out the form here with the words “DIRECT MAIL OPT-OUT” in the subject line.

   Service-Related Announcements. We will also send you service-related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You do not have an option to opt out of these emails, which are not promotional in nature.

7. MISCELLANEOUS

   Links to Other Websites. The Sites may contain links to third party owned and/or operated websites. We are not responsible for the privacy practices or the content of such websites. We suggest that you contact these third parties directly for information regarding their privacy, security and data collection and distribution policies prior to providing them with any information.

   Blogs and Public Features of the Sites. Some of our Sites offer publicly accessible blogs, community forums, or public comments sections. You should be aware that any Personal Information you submit there can be read and collected by other users of these forums and could be used to send you unsolicited messages and for other purposes. Our blog and comments section of our site is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. NONE OF THE INFORMATION THAT YOU PROVIDE USING THESE FEATURES IS PROTECTED BY THIS PRIVACY POLICY. WE ARE NOT RESPONSIBLE FOR THE PERSONAL INFORMATION YOU CHOOSE TO SUBMIT IN THESE FORUMS OR THE USE OF THAT INFORMATION BY ANY THIRD PARTY. You will need to contact or log into the third party application if you want the Personal Information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy.

   Social Media Widgets. Our Sites may include social media features, such as the Facebook Like button and widgets such as the share this button or interactive mini-programs that run on our Sites. These features may collect your IP address, which pages you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy policy of the company providing them.

   Security. We take commercially reasonable steps to help protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from a Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Information to us or to any other party via the Internet. The security of your Personal Information is important to us. When you enter sensitive information (such as a credit card number) on our order forms or login credentials (such as username and password) on our platform login, we encrypt the transmission of that information. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites. We may post a notice on the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

   Children’s Privacy. Visitors under 13 years of age are not permitted to use and/or submit their Personal Information at any Site. We do not knowingly solicit or collect information from visitors under 13 years of age. If you are under 13 years of age, please do not submit any information to us. In the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information. Visitors older than the age of 13, but younger than their country’s legal age of majority are permitted to use and/or submit their Personal Information only with parental supervision. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

   Assignment. In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personal information collected via the Sites.

   Disputes, Agreement to Arbitrate, and Choice of Law. By using the Sites, you and Forever 21 agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
   
   Notice shall be sent:

   • to Forever 21 at:
   • Forever 21 E-Commerce B.V.
   • ATTN: Privacy
   • Address:
   • Westbroek 64-66
   • 4822 ZW Breda
   • The Netherlands
   • 
     to you at your last-used billing address or the billing and/or shipping address in your online profile
   
   

   If a dispute cannot be resolved with Forever 21 directly, Forever 21 will cooperate, for purposes of the EU-U.S. Privacy Shield and GDPR, with EU data protection authorities (DPAs) and comply with the information and advice provided to it by an informal panel of DPAs in relation to such unresolved complaints (as further described in the Privacy Shield Principles). Please contact us at DPO@forever21.com to be directed to the relevant DPA contacts. With regard to personal data transferred under the Swiss-U.S. Privacy Shield, Forever 21 will cooperate with the Swiss Federal Data Protection and Information Commissioner for the resolution of such unresolved complaints. As explained below, a binding arbitration option may be used to address residual complaints not resolved by any other means.

   Both you and Forever 21 agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect before one arbitrator to be mutually agreed upon by both parties. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

   Trademark Notice. Forever 21, Fashion 21, XXI, XXI Forever, Love & Beauty, Life in Progress, 21 Men, F21 Red, and its related domains (including, but not limited to, www.forever21.com and canada.forever21.com) are tradenames and/or trademarks of Forever 21, Inc. and its affiliates.

   Contacting Us. Our “contact us” page contains e-mail links that allow you to contact us directly with any questions or comments that you may have. If you have any questions about this Privacy Policy, our privacy practices, or Forever 21’s compliance with the EU-U.S. or Swiss-U.S. Privacy Shield, please feel free to contact us at privacy@forever21.com or at:
   
   

   • Forever 21 E-Commerce B.V.
     ATTN: Privacy
     
     Address:
     Westbroek 64-66
     4822 ZW Breda
     The Netherlands
     

Effective as of May 25, 2018

These Terms and Conditions (“Terms”) apply to the website located at forever21.com/eu, the Forever 21 mobile applications, and any other websites or applications associated with Forever 21 brands or products that direct the viewer or user to these Terms (collectively, the “Site“). In these Terms, the terms “Forever 21,” “we,” and “us” refers to Forever 21 Global B.V. and its respective subsidiaries and affiliated companies.

Please note that your access to and use of the Site, including making a purchase, is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you should discontinue access or use of the Site.

ABILITY TO USE THE SITE AND/OR MAKE A PURCHASE

In order to accept the Terms and to use the Site, you must be at least 18 years of age ("Minimum Age"). The Site not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable country; (b) you have the consent of your parent(s) to use the Site if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Forever 21 the rights granted in these Terms; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Site.

USE RESTRICTIONS

You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, “Content”) are owned by Forever 21 or it’s licensors. You are expressly prohibited from using any Content without the express written consent of Forever 21 or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of FOREVER 21, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without FOREVER 21's express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

CHANGE IN TERMS

We may from time to time change the terms that govern your use of our Site. We may change, move or delete portions of, or may add to, our Site from time to time. If we make material changes to the Terms, we will notify you by email or through a message posted on the Site. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site.

SUBMISSION OF CONTENT; COMMENTS, IMAGES, VIDEOS AND OTHER CONTENT

For any content you provide to Forever 21, on or by the Site, or otherwise disclose, submit or offer in connection with your use of this Site or other websites such as Facebook, Snapchat or Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags such as #F21xME or #F21xMusic (collectively, 'User Content'), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content that you post on or in connection with Forever 21 (“IP License”). The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances Forever 21 may also share your contribution with trusted third parties. You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to Forever 21 in connection with your content.

Forever 21 is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content.

You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in Forever 21’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.

You are and shall remain solely responsible for any User Content you submit on the Site. You agree that Forever 21 may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).

If you do not want to grant Forever 21 the permission set out above on these terms, please do not submit User Content.

F21 MOBILE TEXT MESSAGING TERMS AND CONDITIONS

By texting us, you consent to receive up to 5 automated SMS or MMS text messages per week regarding events, offers and promotions from Forever 21, even if your mobile number is registered on any Do Not Call list. You consent to receive text alerts using automated technology, including through an automatic telephone dialing system. By texting us, you also permit Forever 21 to use location information (e.g., GPS) from your mobile device when you are in or near a retail location and to send you additional messages based on your location. These location-based messages, together with our other mobile alerts, may exceed the 5 automated text messages referenced above.

By subscribing to our program, you confirm that you are the current subscriber and/or customary user of the mobile number registered and authorized to incur any message or data charges that may be charged by your mobile carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the program at any time. You understand that you do not have to sign up for this program in order to make any purchases (in-store or online), and your consent is not a condition of any purchase with Forever 21. Your participation in our alerts program is completely voluntary.

You may opt-out of text message alerts at any time by texting STOP to 38056. You will receive a text message confirming your opt-out. Please allow up to five (5) business days to process your request. No further messages will be sent to your mobile device, unless initiated by you. You may also text HELP to 38056 for HELP. It is your sole obligation to notify FOREVER 21 that you do not want to receive text alerts by texting STOP to 38056. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. The program is only available to customers of select carriers with compatible handsets.

If you relinquish ownership of the mobile number associated with your subscription, you agree to immediately notify Forever 21 by texting STOP to 38056 or by emailing eucustomerservice@forever21inc.com. You agree to indemnify Forever 21 for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your provision of a mobile number that is not owned by you and/or your failure to notify FOREVER 21 of any changes in mobile ownership. You must notify FOREVER 21 immediately of any breach of security or unauthorized use of your mobile device. Although FOREVER 21 will not be liable for losses caused by any unauthorized use of your mobile device, you may be liable for the losses of FOREVER 21 or others due to such unauthorized use. If you get a new mobile number, you will need to sign up for the program with your new number.

The program is free, but message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the program, and you are solely responsible for all charges related to them, including charges from your mobile carrier.

Forever 21 respects your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

FOREVER 21'S COMMUNICATIONS TO YOU

You agree that Forever 21 may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Forever 21's products or services, or for such other purpose(s) as Forever 21 deems appropriate.

CONTESTS/PROMOTIONS

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.

COLORS

We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which Forever 21 does not control, any concerns regarding any such service or resource, or any link included on the Site, should be directed to the particular outside service or resource. Forever 21 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Forever 21 shall not be responsible for the protection and privacy of any information which users have provided while visiting such websites. Users should exercise caution and look at the privacy statement applicable to the website in question. You may not create a link to this website from another website or document without our prior consent.

PLACING ORDERS AND CONTRACT CREATION

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

In order to contract with Forever 21 you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Forever 21 retains the right to refuse any request made by you, and Forever 21 reserves the right to close your Forever 21 account at its sole discretion. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Forever 21 or may in some cases be a third party. Where a contract is made with a third party Forever 21 is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card. You can review/amend your order at any time before clicking on the "PLACE ORDER" button. Unfortunately orders cannot be amended once they have been placed.

Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted. As your product or products is/are shipped from the warehouse we will send you a dispatch confirmation email, which will confirm that we have accepted your order. If we do not or cannot accept an order placed by you, for any reason, we will notify you. Once you receive the dispatch confirmation email, a contract is formed between you and us in relation to the product or products set out in the email and payment will be taken. No product will be shipped until payment has been made in full. The dispatch confirmation email will contain:

• Details of your order;
• Anticipated delivery date for your order or orders (if shipped separately);
• Information regarding your right to cancel the contract formed with us.

Please check the details of the order confirmation email and the dispatch confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by contacting Customer Services by email at eucustomerservice@forever21inc.com, or by phone on +31 76 548 0888.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping Information Notice for further information.

PRODUCT DESCRIPTION, ERRORS, AND INACCURACY DISCLAIMER

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. Any errors are wholly unintentional and we apologize if erroneous information is reflected in product prices, item availability, or in any way affects your individual order.

Please be aware that we present our content 'as is' and make no claims to its accuracy, either express or implied. Please also note that because the colours of the products you will see on the Site depend on your monitor/screen, we cannot guarantee that the display of colour will be accurate and some colours may vary.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. If your card/PayPal account has already been charged for the purchase and your order is cancelled, we shall issue a credit to you in the amount of the incorrect price.

If you are not completely satisfied with your Forever 21.com/EU purchase, you may return it with your invoice to some Forever 21 stores or by mail. Please see our Return & Exchanges Policy for details.

PRODUCT AVAILABILITY

Most Forever 21 products displayed at the Site are offered in limited quantities and are available in select Forever 21 stores, while supplies last. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on our Site is no longer in stock, we make every attempt to remove that item from the Site in a timely manner. In some cases, merchandise displayed for sale at the Site may not be available in Forever 21 stores. Please be aware that some of the goods sold through our Site may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.

If you have ordered a product that is unavailable, we will inform you as soon as possible by email and, if applicable, give you an estimated date of when the product is due to be back in stock and available for dispatch to you. Alternatively, you will be entitled to cancel your order and receive a refund from us (if your card/PayPal account has already been charged).

PRICING AND PAYMENT INFORMATION

We have a standard pricing policy for the EU which ensures that all of our customers are charged the same price regardless of where they live. The prices displayed at the Site are quoted in euros and are valid and effective only in the EU. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Prices quoted on the Site exclude delivery costs which are added to the total cost of the order during the order process, but before you click on the "PURCHASE NOW" button. Please see Shipping Information for delivery costs by destination and item type.

In some cases, Forever 21 stores may also have different prices or promotional events at different times. Sale prices on the Site are Internet-only specials and do not reflect the pricing of Forever 21 stores.

CANCELLATIONS, RETURNS, AND EXCHANGES

Please read our Cancellations, Returns & Exchanges Policy which details how to return unwanted or unsuitable items for a refund or exchange.

We are unable to change the delivery addresses for parcels once the order has been placed. Please note that any changes you make to your account after placing an order will not take effect immediately and won't apply to orders already placed.

We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order. Please see our Cancellations, Returns & Exchanges Policy for more information on your right to cancel.

SHIPPING INFORMATION

Please see Shipping Information for delivery costs by destination and item type.

We are unable to change the delivery addresses for parcels once the order has been placed. Please note that any changes you make to your account after placing an order will not take effect immediately and won't apply to orders already placed.

We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order. Please see our Cancellations, Returns & Exchanges Policy for more information on your right to cancel.

Ownership of and risk in the products you have ordered will pass to you at the time they are delivered to you. If you decide to return the product(s) to us for a refund or exchange in accordance with our Cancellations, Returns & Exchanges Policy, risk will remain with you until you have posted the returned products to us or you have returned the products to a Forever 21 store in the EU.

PROMOTIONAL CODES

Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. For example, unless expressly permitted for a particular promotional code, you cannot use a student discount in combination with another promotional code. If you have more than one promotional code and the codes cannot be combined, it is up to you to use the promotional code that has the biggest benefit to you.

WARRANTIES; DISCLAIMER

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT FOREVER 21 SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

IF YOU ARE PURCHASING PRODUCTS AS A CONSUMER: UNLESS SPECIFIC WARRANTIES ARE EXPRESSLY GIVEN WHEN YOU PURCHASE PRODUCTS FROM OUR SITE (FOR EXAMPLE, A MANUFACTURER’S WARRANTY), WE DO NOT GIVE ANY WARRANTIES OR GUARANTEES IN RESPECT OF SUCH PRODUCTS OVER AND ABOVE THOSE IMPLIED BY APPLICABLE LAW (THESE INCLUDE, FOR EXAMPLE, THAT THE PRODUCTS ARE OF SATISFACTORY QUALITY AND REASONABLY FIT FOR ALL THE PURPOSES FOR WHICH PRODUCTS OF THAT KIND ARE COMMONLY SUPPLIED). WE REMAIN RESPONSIBLE, HOWEVER, FOR SUPPLYING PRODUCTS THAT CONFORM TO THE CONTRACT. IF YOU ARE PURCHASING PRODUCTS FROM US AS A BUSINESS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

NOTHING IN THESE TERMS OF SALE EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW. ALSO, NOTHING IN THESE TERMS OF SALE LIMITS YOUR STATUTORY RIGHTS IF YOU ARE CONTRACTING WITH US AS A CONSUMER, INCLUDING YOUR RIGHT TO A REPLACEMENT OR REPAIR WHERE PRODUCTS SUPPLIED ARE NOT OF SATISFACTORY QUALITY.

SUBJECT TO THE ABOVE, WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OF SALE (FOR EXAMPLE, IF THE LOSS OR DAMAGE WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THE CONTRACT). IN ANY EVENT, WE ARE NOT LIABLE FOR: (1) ANY LOSSES, HOWSOEVER ARISING, RELATED TO ANY BUSINESS OF YOURS INCLUDING (WITHOUT LIMITATION) LOST DATA, LOST PROFITS, LOST REVENUES OR BUSINESS INTERRUPTION; OR (2) ANY SPECIAL OR INDIRECT LOSS OR DAMAGE, HOWSOEVER ARISING, UNLESS THAT LOSS OR DAMAGE IS FORESEEABLE TO BOTH OF US AT THE TIME WE ENTERED INTO A CONTRACT.

IN REGARDS TO YOUR USE OF THE SITE, EXCLUDING THE PURCHASE OF PRODUCTS, IN NO EVENT SHALL FOREVER 21 OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM FOREVER 21), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO FOREVER 21'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES. FOR AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY UNDER THIS PARAGRAPH DOES NOT APPLY TO PRODUCTS PURCHASED VIA THE SITE.

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Site or any other third party platform such as social media that may interact with the Site) agree to defend (at Forever 21’s request), indemnify and hold Forever 21 harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Forever 21 in the defense of any claim. Forever 21 reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Forever 21.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with Forever 21 must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

GOVERNING LAW & VENUE

These Terms and Conditions are governed by and construed in accordance with the laws of England, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Forever 21 exclusively in the English Courts.

If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. Forever 21's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Forever 21 reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Forever 21.

TERMINATION

The Terms are effective unless and until terminated by either you or Forever 21. You may terminate the Terms at any time. Forever 21 also may terminate or suspend access to this Site at any time and may do so immediately without notice, if in Forever 21’s sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of the Terms by either you or Forever 21, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this these Terms or otherwise.

TRADEMARKS

Forever 21 is a registered trademark, service mark, and/or trade name of Forever 21, Inc. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. Forever 21 disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorisation of Forever 21, except as necessary to accurately identify the products or services of Forever 21.

CONTACT US

You may reach us at: eucustomerservice@Forever21.com

• Forever 21 E-Commerce B.V.
• Westbroek 64-66
• 4822 ZW Breda
• The Netherlands