Welcome to ANIMA, operated by ANIMA Inc. (“ANIMA” or “we”). These Terms of Use (“Terms”) apply to your access and use of (i) our online services, such as the ANIMA website located at anima-fashion.com (the “Site”) and our social media platforms, and (ii) our offline services, such as our customer support channels, retail locations, and in-person promotional activities (the online and offline services collectively, the "Platform"). The Terms govern your use of the Platform, including the purchase of any products or services made available through the Platform. These Terms are written for, and apply to, use of the Platform and purchases of products for final delivery within the United States. If you access the Platform or purchase products from outside the United States, Section 16 (Jurisdiction-Specific Terms) applies, and where the mandatory consumer protection law of your country of residence gives you rights that these Terms cannot lawfully exclude, that law prevails over these Terms to the extent of the conflict. By accessing, viewing, purchasing or otherwise using the content, material, products, or services available on or through the Platform, you expressly certify that you have read, understand, and agree to be legally bound by these Terms. If you violate these Terms, ANIMA may terminate your use of the Platform, bar you from future use of the Platform, and/or take appropriate legal action against you.
SECTION 13 (DISPUTE RESOLUTION AND BINDING ARBITRATION) OF THE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. BY AGREEING TO THESE TERMS, YOU AND ANIMA AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH ANIMA, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 13(j).
You further certify that you are 18 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms and perform the obligations set forth under these Terms. Please ensure that you read these Terms carefully. You understand and agree that your use of the Platform, which includes all content, material, products or services made available on or through the Platform, signifies that you fully accept and agree to these Terms.
Table of Contents
Privacy
Registration
Purchases
General Restrictions on Use
Content
SMS Messaging
Errors, Inaccuracies, and Omissions
Disclaimers and Warranties
Limitation of Liability
Indemnity
Links To Other Sites
Digital Millennium Copyright Act – Copyright Infringement
Dispute Resolution and Binding Arbitration
Governing Law and Venue
Miscellaneous
Jurisdiction-Specific Terms
Part A — United States Provisions
1. Privacy
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
2. Registration
In order to access certain features of the Platform, you may be asked to register for and create an account. As part of the registration process, you may be prompted to confirm your agreement to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, billing and shipping address, and email address. It is important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information to keep it accurate, complete and up-to-date. If you do not, we might have to suspend or terminate your account. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. ANIMA will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way. You are responsible for all activities that occur under your account, whether or not you know about them.
When placing an order through the Platform, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by ANIMA or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Platform change, please log in to your account and update such information directly on the Platform.
3. Purchases
The Platform allows you to browse, view, choose, and purchase various products or services. By purchasing products or services made available through the Platform, you represent that you are buying the products or services for your own personal or household use only, and not for resale or export. Purchases governed by this Part A are intended for final delivery to locations within the United States. If you are a consumer resident in the United Kingdom, Part B applies to your purchase instead of this Part A.
You may not purchase commercial quantities of our products without our prior written consent, and we may place limits on your purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who (in our sole discretion) violate this policy or any other part of the Terms. Except as may be previously and expressly authorized by us in writing, we also prohibit the offering, use, transfer, or acceptance of our products and gift cards for promotional purposes (e.g., as prizes in contests or sweepstakes) or in connection with any lottery, raffle or wagering scheme. We reserve the right to bar any users we suspect of violating this Section 3 (or any other provision of these Terms) from further use of the Platform and to refuse, limit or cancel any related orders and/or suspend or cancel any related accounts. The inclusion of products on the Platform at any time does not guarantee that these products will be available for purchase. For more information about placing special orders, please contact bulkorders@anima-fashion.com.
Prices posted on the Platform may be different than prices offered by us at our physical locations. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may, in our sole discretion, offer promotional codes at certain points in time, or for certain audiences. In the event such promo codes are enabled, promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude taxes and charges for shipping and handling. Discounts cannot be used in conjunction with any other offers.
ANIMA may use a third party payment processor to process credit card transactions made through the Platform. You are also responsible for paying any governmental taxes imposed in connection with use of the Platform or the purchase or any products or services made available through the Platform, including sales, use, and excise taxes (excluding only taxes on ANIMA’s net income). To the extent that ANIMA is obligated to collect such taxes, the applicable tax will be added to your billing account. Title to products purchased from ANIMA passes to you upon our delivery to the carrier. Risk of loss passes to you upon delivery of the products to the shipping address you provide. All sales are subject to our shipping and return policies, which are published on the Platform and incorporated into these Terms by reference, and which will also be delivered to you with your purchased goods. We monitor return activity for abuse and reserve the right to limit or deny discretionary returns or exchanges made outside our published returns policy. Nothing in this paragraph limits any refund to which you are entitled under the following paragraphs of this Section 3 or under applicable law.
Shipping, delays and cancellation. We will ship your order within the time stated on the Platform at the time you place your order or, if no shipping time is stated, within thirty (30) days after we receive your properly completed order. A properly completed order is one for which you have given us all the information we need to process and ship it and have tendered or authorized payment in the correct amount.
If we learn that we cannot ship within that time, we will notify you before the original shipping deadline. That notice will give you a revised shipping date if we can reasonably provide one, and will offer you the choice of consenting to the delay or cancelling your order for a prompt refund. If the revised shipping date is more than thirty (30) days after the original deadline, or if we are unable to give you any revised shipping date, our notice will tell you that your order will be treated as cancelled unless either we ship within thirty (30) days of the original deadline and have received no cancellation from you before shipment, or you tell us within thirty (30) days of the original deadline that you consent to the delay.
You may cancel any order that has not yet shipped, at any time before shipment, by contacting us at customer-care@anima-fashion.com.
Where you are entitled to a refund under these paragraphs, we will send it by a means at least as fast and reliable as first class mail within seven (7) working days of your right to the refund arising or, where you paid by credit card, we will credit your account within one billing cycle. We will refund using the same means of payment you used unless you agree otherwise. We will not substitute store credit, a gift card, or any other consideration for a refund you are entitled to under these paragraphs without your express consent.
These paragraphs are in addition to, and do not limit, our published returns policy or any other right you may have.
4. General Restrictions on Use
You agree to use the Platform only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Platform and products purchased from the Platform for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.
You will not (and will not attempt to):
Access any of the online features of the Platform by any means other than through the interface that is provided by ANIMA, including: (i) access, tamper with, or use non-public areas of the Platform, ANIMA’s computer systems, or the technical delivery systems of ANIMA’s providers; (ii) attempt to probe, scan or test the vulnerability of any ANIMA system or network or breach any security or authentication measures; or (iii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ANIMA’s or any of ANIMA’s providers or any other third party (including another user) to protect the Platform;
Gain unauthorized access to ANIMA’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Platform, or ANIMA’s networks and computer systems;
Access any of the online features of the Platform through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, mirror, duplicate, copy, sell, trade, or resell any aspect of the Platform or products purchased from the Platform for any purpose; and
Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by ANIMA in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
5. Content
As between you and ANIMA, ANIMA owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Platform (“Platform Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Content. All Platform Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Platform Content. As between you and ANIMA, all names, trademarks, symbols, slogans, or logos appearing on the Platform, products, or Site are proprietary to ANIMA or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Platform Content, other than the right to use the Platform Content in accordance with these Terms.
Certain features of the Platform may allow you to contribute feedback and other information to the Platform for access, use, viewing, and commentary by other users of the Platform (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by ANIMA on the Platform, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) constitute disclosure of any confidential information owned by any third party; or (d) constitute content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Upon your submission of Comments or other material or information to ANIMA, and in consideration of your use of the Platform and other good and valuable consideration which you acknowledge, you grant ANIMA a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, non-exclusive license to access, use, publish, adapt, translate, distribute, reproduce, display, modify, and create derivative works based upon the Comments, and to use your name, username, voice, image, and likeness as they appear in the Comments, all without any compensation to you whatsoever, and, to the extent permitted by applicable law, you waive any moral rights in the Comments; and that you will indemnify ANIMA for all claims resulting from content you supply. If we wish to use your name, image, voice, or likeness in advertising or promotional material, we will ask for your separate, specific, written consent at that time and will tell you how we intend to use it. You may withdraw that consent at any time by contacting us, and we will stop the relevant use within a reasonable time. Your acceptance of these Terms is not consent for that purpose. ANIMA has the right but not the obligation to monitor Comments, and to edit or remove any Comment that we reasonably consider breaches these Terms or applicable law. ANIMA takes no responsibility and assumes no liability for any content shared by you or any third party through the Platform. For avoidance of doubt, ANIMA shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
We publish reviews only where we have taken reasonable and proportionate steps to verify that the reviewer purchased or used the product. We do not create, buy, sell, or disseminate reviews or testimonials that are fake or false, that are attributed to a person who does not exist, or that are given by anyone who has not had actual experience with the product or who misrepresents that experience. We do not provide compensation or any other incentive conditioned on a review expressing a particular sentiment, whether positive or negative. We do not suppress reviews, publish them selectively, or order or present them in any way that creates a misleading impression of the overall body of reviews, and we do not conceal that a review was incentivized or that its author is an officer, employee, agent, or immediate relative of ANIMA. Where we identify a review that does not meet these standards, we remove it promptly.
6. SMS Messaging
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase.
You can opt out of receiving any further Text Messages from us at any time. Replying “STOP” to any Text Message you receive from us is the simplest way to do so, and we will also honor “QUIT,” “END,” “CANCEL,” “UNSUBSCRIBE,” “REVOKE,” “OPT OUT,” and any other reasonable expression of your wish to stop receiving Text Messages, however it reaches us, including by email or telephone. We do not require you to use any particular method or any particular form of words. We will honor your request as soon as practicable and in any event within ten (10) business days of receiving it. We may send you one message confirming your opt-out and, where you have consented to more than one category of message, asking which categories you wish to stop. For help, reply “HELP” to any Text Message you receive from us or email privacy@anima-fashion.com.
In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.
Neither we nor the wireless carriers (such as T-Mobile or Verizon) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. For more information on how we use telephone numbers, please read our Privacy Policy.
7. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Platform, but, although not obligated to, may review, verify, make changes to or remove any Comments, Platform Content, or the Platform, including information submitted in connection with the Platform Content or other features at any time, with or without notice in our sole discretion.
8. Disclaimers and Warranties
ANIMA reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. ANIMA is not liable in case of stock outage or unavailability of products. We use reasonable efforts to display as accurately as possible the colors of our products that appear at the Platform, but we cannot guarantee that your computer monitor's or mobile device’s screen’s display of any color will be accurate.
ANIMA expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Platform, Platform Content, products, goods, advice, information or links provided on the Platform will meet your requirements; (ii) that the Platform will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Platform will be corrected; (iv) regarding the Platform Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Platform, Platform Content, products, goods, services, advice, or information displayed on the Platform will meet your requirements; and (vi) that the Platform will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Platform shall create any warranty not expressly stated in these Terms.
You understand that the technical processing and transmission of any Platform Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Platform will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Platform or the Internet, including, for example, personal information such as your name or address. ANIMA assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Platforms, including any injury or damage to you or to any person’s computer related to or resulting from use of the Platform.
ANIMA shall have no liability to you for any damages, delays, or failure in carrying out its obligations to any customer for reasons beyond ANIMA’s control, including without limitation, fire, lightning, explosions, power surge or failure, water, acts of God, war or terrorism, natural disasters, labor unrest, charges in or compliance with laws, revolution, civil commotion, laws, regulations, or governmental policies, and shortages of supplies and services. ANIMA may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to ANIMA with respect to any undelivered portion of the order so canceled.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, THE PLATFORM CONTENT, AND ALL PRODUCTS PURCHASED FROM THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ANIMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO CONDITIONS, WARRANTIES, OR OTHER TERMS APPLY TO THE PLATFORM, THE PLATFORM CONTENT, OR ANY PRODUCTS PURCHASED FROM THE PLATFORM EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER RESIDENT OUTSIDE THE UNITED STATES, THIS SECTION 8 IS SUBJECT TO SECTION 16 (JURISDICTION-SPECIFIC TERMS).
9. Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK RELATED TO YOUR USE OF THE PLATFORM, AND THE INTERNET GENERALLY. IN NO EVENT WILL ANIMA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, STATUTORY, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM. ANIMA MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OR WHETHER THE CONTENT IS UP TO DATE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THE PLATFORM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN. IN NO EVENT SHALL ANIMA’s LIABILITY EXCEED THE PRICE YOU PAID, IF ANY, TO ANIMA, INCLUDING THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANIMA’sS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, ANIMA’sS TOTAL LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
The limitations on ANIMA’s liability to you in this Section 9 shall apply whether or not ANIMA has been advised of or should have been aware of the possibility of any such losses arising, and will survive these Terms and your use of the Platform and products purchased from the Platform.
IF YOU ARE DISSATISFIED WITH THE PLATFORM, TERMS OF USE, OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
10. Indemnity
You agree to indemnify, hold harmless and, at ANIMA’s request, defend ANIMA and its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (iv) the use by any other persons accessing any Platform using your account or account login. You will have no obligation to indemnify ANIMA to the extent a claim arises from ANIMA’s own negligence, willful misconduct, or violation of applicable law. ANIMA will promptly notify you of any claim for which it seeks indemnification and will not settle any such claim in a manner that imposes liability on you or admits fault on your part without your prior written consent, which will not be unreasonably withheld. This defense and indemnification obligation will survive these Terms and your use of the Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 10 without the prior written consent of ANIMA.
11. Links To Other Sites
The Platform may contain links or references to other websites outside of our control. Links to other websites may use our Platform logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that the Platforms would not. Please be aware that ANIMA has no control over these websites and that these Terms do not apply to any third party sites. ANIMA cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. ANIMA encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.
12. Digital Millennium Copyright Act – Copyright Infringement
Pursuant the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on ANIMA’s system or network, should be promptly sent in the form of written communication to ANIMA’s Designated Agent:
Legal Department ANIMA, Inc.
9429 Harding Ave., Suite 118, Surfside, FL 33154
Attn: Copyright Agent
Telephone: [insert telephone number]
Email: legal@anima-fashion.com
ANIMA’s Designated Agent is registered with the U.S. Copyright Office as required by 17 U.S.C. § 512(c)(2). ANIMA will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.
All claims must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The following statement must be included as well: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Counter-Notification. If material you submitted has been removed or disabled and you believe it was removed as a result of mistake or misidentification, you may send a written counter-notification to our Designated Agent at the address above. Under 17 U.S.C. § 512(g)(3), your counter-notification must include: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (iv) your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which ANIMA may be found, and that you will accept service of process from the person who provided the original notification or an agent of that person.
13. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ANIMA TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND ANIMA CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ANIMA FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND ANIMA AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. ANIMA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AND ANIMA EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.
FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 13(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
Claims This Section Applies To. This Section 13 applies to all Claims between you and ANIMA. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 13(c), below) between you and ANIMA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms or the Platform, including any claims related to the use or operation of the Platform, the purchase of any products or services made available through the Platform, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it. This Section 13 does not apply to you to the extent Section 16 (Jurisdiction-Specific Terms) provides that it does not. In addition, and notwithstanding anything else in this Section 13, nothing in this Section 13 requires arbitration of, or waives your right to bring on a class, collective, or representative basis, any Claim that constitutes a “sexual assault dispute” or a “sexual harassment dispute” within the meaning of 9 U.S.C. §§ 401-402, where you elect that this Section 13 not apply to that Claim.
Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against ANIMA or if ANIMA believes it has a Claim against you, you and ANIMA will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and ANIMA will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 13(b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.
You must send any Claimant Notice to ANIMA by certified mail, addressed to ANIMA Inc., Attn: Legal Department, 9429 Harding Ave., Suite 118, Surfside, FL 33154, or by email to legal@anima-fashion.com. ANIMA will send any Claimant Notice to you by certified mail or email using the contact information you have provided to ANIMA. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves (and not their counsel) verifying the accuracy of the contents of the Claimant Notice.
No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or ANIMA files an Arbitration Demand without complying with the requirements in this Section 13, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.
To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.
Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or ANIMA, including any disputes in which you or ANIMA seek injunctive or other equitable relief for the alleged unlawful use of your or ANIMA’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 13(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.
Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 13, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Platform for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and ANIMA. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and ANIMA.
These Terms affect interstate commerce, and the enforceability of this Section 13 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or ANIMA to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
Arbitration Procedure and Location. You or ANIMA may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.
Instructions for filing a demand with AAA are available on the AAA website. You will send a copy of any demand for arbitration to ANIMA by certified mail addressed to ANIMA Inc., Attn: Legal Department, 9429 Harding Ave., Suite 118 Surfside, FL 33154 or by email to legal@anima-fashion.com. ANIMA will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to ANIMA.
The arbitration will be conducted by a single arbitrator in the English language. You and ANIMA both agree that the arbitrator will be bound by these Terms.
For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and ANIMA agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
Frivolous or Improper Claims. To the extent permitted by applicable law, the arbitrator may require a party to pay the other party's reasonable attorneys' fees and arbitration fees related to a Claim or a defense if the arbitrator determines, applying the standards of Federal Rule of Civil Procedure 11(b), that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
Confidentiality. If you or ANIMA files a Claim in arbitration, you and ANIMA agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and ANIMA agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 13(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.
Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.
Mediation. Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 14.
If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.
If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 13(b) to proceed in arbitration in the same manner as described in Section 13(i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.
Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing legal@anima-fashion.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
Rejection of Modifications to this Section 13. You may reject any change we make to this Section 13 (except changes to notice addresses) as to you, by emailing legal@anima-fashion.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 13. You may reject changes to Section 13 only as a whole. You may not reject only certain changes to Section 13. If you reject changes made to Section 13, the most recent version of Section 13 that you have not rejected will continue to apply.
Severability. If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
14. Governing Law and Venue
Any dispute, claim, or controversy that arises from or relates to these Terms or the Platform will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising from or relating to these Terms, the Platform, or the products purchased from the Platform that is not subject to arbitration pursuant to Section 13 and that cannot be heard in small claims court will be resolved exclusively in the state and federal courts located in New York County, New York. You and ANIMA waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section will not apply to you to the extent that local law conflicts with this section. Section 16 (Jurisdiction-Specific Terms) governs the application of this Section 14 to consumers resident outside the United States.
15. Miscellaneous
These Terms constitute the whole legal agreement between you and ANIMA and govern your use of the Platform, products purchased from the Platform and any transactions you may have with ANIMA through the Platform and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and ANIMA in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Platform conflicts with the terms of these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that ANIMA may make changes to these Terms from time to time. When these changes are made, ANIMA will make a new copy of the Terms available on the Site. ANIMA will provide reasonable advance notice of any material change to these Terms by posting the updated Terms on the Site with a revised "Last Updated" date and, where you have provided an email address, by email. Material changes will take effect no earlier than thirty (30) days after posting and will apply prospectively only; they will not apply to any order placed before the effective date of the change. If you do not agree to a change, you may stop using the Platform and close your account before the change takes effect.
You agree that if ANIMA does not exercise or enforce any legal right or remedy which is contained in these Terms (or which ANIMA has the benefit of under any applicable law), this will not be taken to be a formal waiver of ANIMA’s rights and that those rights or remedies will still be available to ANIMA. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.
The Platform is controlled and operated from within the United States. Without limiting anything else, ANIMA makes no representation that the Platform, Platform Content, Comments, services, products, information or other materials available on, in, or through the Platform is appropriate or available for use in locations other than those indicated on our website, and access to them from territories where they are illegal is prohibited. Those who choose to access the Platform from other locations do so on their own volition and are responsible for compliance with applicable laws.
ANIMA may assign or transfer these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. You may not assign or transfer these Terms, or any rights or obligations under them, without ANIMA’s prior written consent, and any attempted assignment in violation of this provision is void. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
Sections 5, 8, 9, 10, 13, 14, 15, and 16, and any other provision that by its nature should survive, will survive any termination of these Terms or of your use of the Platform.
Notice to California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice. The Platform is provided by ANIMA Inc., 9429 Harding Ave., Suite 118, Surfside, FL 33154, United States. Charges for products purchased through the Platform are the prices displayed at the time you place your order, together with any applicable taxes and shipping and handling charges, all of which are disclosed to you before you submit your order. To resolve a complaint regarding the Platform, or to receive further information regarding its use, contact us at customer-care@anima-fashion.com or in writing at the address above. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
16. Jurisdiction-Specific Terms
(a) Territorial Scope. The Platform is operated from the United States, and these Terms are drafted for purchases delivered within the United States. ANIMA makes no representation that the Platform, the Platform Content, or any product offered through the Platform is appropriate, lawful, or available for use outside the United States. If you are a consumer resident in the United Kingdom, Part B (United Kingdom Provisions) applies to your purchase instead of Sections 1 to 15 of this Part A, and prevails over this Part A to the extent of any conflict.
(b) Mandatory Local Law Prevails. If you are a consumer resident outside the United States, nothing in these Terms limits or excludes any right, warranty, guarantee, or remedy conferred on you by the mandatory consumer protection law of your country of residence that cannot lawfully be excluded or limited by agreement. To the extent any provision of these Terms conflicts with that law, the provision applies to you only to the maximum extent permitted by that law, and the remainder of these Terms continues in effect.
(c) Provisions That Do Not Apply. Without limiting Section 16(b), and to the extent the mandatory consumer protection law of your country of residence so requires: (i) Sections 8 (Disclaimers and Warranties) and 9 (Limitation of Liability) do not exclude or limit any statutory guarantee of conformity, quality, description, or fitness for purpose, or any liability for death or personal injury, fraud, gross negligence, or willful misconduct; (ii) Section 10 (Indemnity) does not apply to you; (iii) Section 13 (Dispute Resolution and Binding Arbitration), including the class action waiver and the jury trial waiver, does not apply to you, and you may bring proceedings before the courts of your country of residence; and (iv) Section 14 (Governing Law and Venue) does not deprive you of the protection of the mandatory law of your country of residence or of your right to bring proceedings before the courts of that country.
(d) Supplemental Country Terms. Part B (United Kingdom Provisions) sets out the terms that apply to consumers resident in the United Kingdom. Where ANIMA offers the Platform or products to consumers in any other country or region, ANIMA may publish supplemental terms for that country or region. Those supplemental terms form part of these Terms for consumers in that country or region and prevail over these Terms to the extent of any conflict.
(e) Statutory Rights Unaffected. Nothing in these Terms affects your statutory rights as a consumer, including any right to cancel or withdraw from a purchase within a statutory period, any right to a refund, repair, or replacement, or any right to bring a complaint before a competent authority or an alternative dispute resolution body in your country of residence.
Part B — United Kingdom Provisions
Last Updated: 29 July 2026
Table of Contents
About Us and These Terms
Who These Terms Apply To
Your Account
Placing an Order and Contract Formation
Prices, Payment and Taxes
Delivery, Title and Risk
Your Right to Cancel
Your Legal Rights if Goods Are Faulty or Not as Described
Our Returns Policy
Your Content and Acceptable Use
Notice and Action for Illegal or Infringing Content
Our Liability to You
Privacy, Cookies and Marketing
Changes to These Terms
Complaints, ADR and Dispute Resolution
General
Annex A — Model Cancellation Form
1. About Us and These Terms
These terms of sale (the "Terms") set out the basis on which we sell products to you through our website at anima-fashion.com (the "Site") and our related online and offline sales channels (together, the "Platform"). Please read them carefully before placing an order. By placing an order you agree to these Terms.
We are ANIMA Inc., a corporation incorporated in the State of Delaware, United States, with Delaware file number 10004623 and registered office at 9429 Harding Ave., Suite 118, Surfside, FL 33154, United States. Our UK VAT registration number is 513727695
You can contact us by email at customer-care@anima-fashion.com or by post at the address above. If we need to contact you, we will do so by email or by post using the details you gave us when you placed your order.
These Terms are available in English. We will confirm the language of your contract to you when we accept your order.
2. Who These Terms Apply To
These Terms apply if you are a consumer resident in the United Kingdom. A "consumer" means an individual acting wholly or mainly outside that individual's trade, business, craft or profession, within the meaning of section 2(3) of the Consumer Rights Act 2015. If you are buying as a business, these Terms do not apply to you and you should contact us for our business terms.
Nothing in these Terms affects your statutory rights as a consumer. Where a provision of these Terms is inconsistent with a right or remedy given to you by the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or any other consumer protection legislation applying in the United Kingdom, and that right or remedy cannot lawfully be excluded or restricted, that legislation prevails and the provision applies only to the extent permitted.
You must be at least 18 years old to place an order. If you are under 18, you may use the Platform only with the involvement of a parent or guardian, who must place any order on your behalf and will be responsible for it.
3. Your Account
You do not need an account to buy from us, but you may choose to create one. If you do, you must give accurate and complete information and keep it up to date. You are responsible for keeping your password confidential and for activity carried out through your account, except where that activity is not your fault — for example, where someone else uses your account without your authorisation and you have not acted carelessly or fraudulently.
Please tell us as soon as possible if you think someone has used your account without your authorisation. We will not hold you responsible for unauthorised payments once you have told us, and your rights against your card issuer or payment provider are unaffected.
We may suspend or close your account if you materially breach these Terms, if we reasonably suspect fraudulent or unlawful activity, or if we are required to do so by law. Where we do so we will tell you why, unless the law prevents us, and closing your account does not affect any order we have already accepted.
4. Placing an Order and Contract Formation
Before you place an order we will give you, in a clear and comprehensible way, the information required by Schedule 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including the main characteristics of the products, the total price including all taxes and any delivery charges, the arrangements for payment and delivery, the time by which we undertake to deliver, our identity and contact details, your right to cancel and how to exercise it, the existence of the legal guarantee of conformity, and details of our complaints handling.
Our order process allows you to check and correct any errors before you submit your order. Placing an order is an offer to buy the products. We will acknowledge receipt of your order by email, but that acknowledgement does not by itself accept your order.
A contract between you and us comes into existence when we send you an email confirming that we have accepted your order and that the products have been dispatched. If we cannot accept your order — for example because the product is out of stock, because we have identified a pricing or description error, or because we are unable to authorise your payment — we will tell you promptly and will not charge you.
We will confirm the contract to you on a durable medium, by email, within a reasonable time after acceptance and in any event before the products are delivered. The confirmation will include these Terms and the information referred to above.
We will deliver the products within 30 days of the day the contract is made unless we have agreed a different period with you.
5. Prices, Payment and Taxes
The price of the products is the price shown on the Site at the time you place your order. Any charge that you cannot avoid is included in the price shown to you from the outset. Delivery charges that depend on the delivery option you choose are shown separately before you submit your order.
How value added tax and import charges apply depends on the value of your consignment, and we will tell you which applies before you submit your order. Where the total value of your consignment is £135 or less, the sale is treated as a supply made in the United Kingdom: we charge UK VAT at the applicable rate at the point of sale, the price shown to you is inclusive of that VAT, and no import VAT or customs duty will be charged to you on delivery. Where the total value of your consignment is more than £135, the goods are imported in the ordinary way: the price shown to you excludes UK VAT, and import VAT together with any customs duty is charged at the border and will be payable by you, or by the carrier on your behalf, before the goods are released. We will give you a clear indication of any such charges before you submit your order.
If the rate of tax changes between the date of your order and the date of delivery, we will adjust the tax you pay unless you have already paid in full before the change takes effect.
We take reasonable care to ensure that prices are correct. If we discover an error in the price of the products you have ordered before we accept your order, we will tell you and ask whether you wish to continue at the correct price or cancel. If we discover the error after we have accepted your order, we will contact you; where the correct price is higher we will not proceed without your agreement, and where the error is obvious and you could reasonably have recognised it as a mispricing we may cancel the order, refund you in full and return you to the position you were in before you ordered.
Payment is taken at the time we accept your order and dispatch the products. We accept the payment methods shown at checkout. We do not store full card details ourselves; payments are processed by our payment providers.
6. Delivery, Title and Risk
We deliver to the countries listed at checkout. Delivery timescales are estimates given in good faith and are not guaranteed unless we have expressly agreed a delivery date with you.
The products are your responsibility from the time they are delivered to the address you gave us or to a person you identified to take delivery. Until then the risk of loss or damage in transit remains with us, and title to the products passes to you on delivery.
If nobody is available at your address to take delivery, our carrier will leave a note explaining how to rearrange delivery or collect the products. If, after a failed delivery, you do not rearrange delivery or collect the products from the carrier, we may contact you for further instructions and may charge you the reasonable costs of storage and further delivery attempts. If, despite our reasonable efforts, we are unable to contact you or to rearrange delivery or collection, we may end the contract and refund you any sums you have paid, less those reasonable costs.
If we miss the delivery deadline for any products, you may treat the contract as at an end straight away where we have refused to deliver, where delivery within the deadline was essential taking into account all relevant circumstances, or where you told us before we accepted your order that delivery within the deadline was essential. Otherwise, you may specify a new deadline that is reasonable in the circumstances and may treat the contract as at an end if we fail to meet it. If you treat the contract as at an end we will refund all sums you have paid without undue delay.
7. Your Right to Cancel
You have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to change your mind and cancel your order within 14 days of the day you, or someone you identified to take delivery, receive the products. Where your order is delivered in separate instalments or lots, the 14 days run from the day you receive the last instalment or lot. You do not need to give a reason. We make the model cancellation form in Annex A available to you before you order. If we fail to give you the cancellation information required by paragraph (l) of Schedule 2 to those Regulations, your cancellation period is extended in accordance with regulation 31 — by 14 days from the day you receive the information if we supply it within 12 months, and otherwise by 12 months.
To cancel, you may use the model cancellation form in Annex A, or you may simply tell us in any other clear statement — by email to customer-care@anima-fashion.com, through the cancellation function on the Site, or by post to the address in Section 1. Your cancellation takes effect on the day you send it to us. If you ask us to, we will acknowledge receipt without delay on a durable medium.
You must send the products back to us, or hand them to a carrier we have nominated, without undue delay and in any event within 14 days of telling us you wish to cancel. You pay the direct cost of returning the products, which we estimate to be no more than £8.00.
We will refund all payments we have received from you, including the standard cost of outbound delivery, using the same means of payment you used, within 14 days of the day we receive the products back or the day you supply evidence that you have sent them, whichever is earlier. If you chose a more expensive delivery method than our standard option, we will refund only the standard cost.
You may handle and inspect the products as you would in a shop. You are liable for any reduction in the value of the products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning, and we may deduct a corresponding amount from your refund. We may only make that deduction if we have given you the information on the right to cancel required by paragraph (l) of Schedule 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If we have not given you that information, we will refund you in full.
The right to cancel does not apply to products made to your specifications or clearly personalised, to sealed goods which are not suitable for return for health protection or hygiene reasons where the seal has been broken after delivery, or to any other category excluded by regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Where an exclusion applies to a product, we will tell you before you order.
This right to cancel is in addition to, and does not affect, your legal rights if the products are faulty or not as described, which are set out in Section 8.
8. Your Legal Rights if Goods Are Faulty or Not as Described
Under the Consumer Rights Act 2015 we must supply products that conform to the contract. This means the products must be of satisfactory quality, fit for the purpose for which goods of that kind are normally used and for any particular purpose you made known to us before you ordered, match the description, sample or model we gave you, and be supplied with any accessories and instructions you could reasonably expect.
If the products do not conform, you have the remedies given by section 19 of the Consumer Rights Act 2015. You are entitled, free of charge, to have the products repaired or replaced, and where repair or replacement is impossible, disproportionate, not completed within a reasonable time or without significant inconvenience to you, or where the fault is not resolved, you are entitled to a price reduction or to reject the products and receive a refund. There is no fixed cut-off for these remedies: you may bring a claim for up to six years from delivery in England, Wales and Northern Ireland, and up to five years from the date you became aware of the fault in Scotland.
If you are a consumer in the United Kingdom, you additionally have a short-term right to reject the products and obtain a full refund if you tell us within 30 days of delivery that they do not conform.
For the first six months after delivery, any fault is presumed to have existed at the time of delivery unless we can show otherwise, so you do not need to prove it. That presumption applies to your right to repair or replacement, to a price reduction, and to the final right to reject. It does not apply to the short-term right to reject described above, and it does not apply where the presumption would be incompatible with the nature of the products or with the nature of the fault. If you exercise the final right to reject within the first six months after delivery, we will not deduct anything from your refund for the use you have had. We will bear the cost of returning non-conforming products to us and of any repair or replacement.
Nothing in these Terms limits your legal rights under this Section 8, and any commercial guarantee we or a manufacturer offers is in addition to, and does not replace, those rights. To make a claim, contact us using the details in Section 1 and tell us what the problem is; we may ask for photographs or for the products to be returned so that we can assess them.
9. Our Returns Policy
Separately from your legal right to cancel under Section 7 and your legal rights under Section 8, we offer a goodwill returns policy which allows you to return unworn products in their original condition, with tags attached and with proof of purchase, within 30 days of delivery for a refund or exchange. Final sale items are not eligible for return.
Our returns policy is a contractual promise we make voluntarily. It does not limit or replace your legal right to cancel under Section 7 or your legal rights in respect of non-conforming products under Section 8, and where those rights give you a better outcome they apply instead.
Refunds under our returns policy are made to your original payment method. We aim to process them within 15 working days of receiving the returned products.
10. Your Content and Acceptable Use
You may be able to submit reviews, photographs, comments and other material to the Platform ("Your Content"). You keep ownership of Your Content. When you submit it, you grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, adapt, publish, translate and display Your Content for the purposes of operating and promoting the Platform. You may end this licence at any time by deleting Your Content or asking us to remove it, and we will do so within a reasonable time, except for copies already distributed to third parties or retained where the law requires.
If you want us to use your name, image, voice or likeness in our marketing, we will ask for your separate, specific consent at the time and will tell you how we intend to use it. You can withdraw that consent at any time by contacting us, and we will stop the relevant use within a reasonable time. We do not treat your acceptance of these Terms as consent for that purpose.
You confirm that Your Content is your own or that you have the rights you need to grant the licence above, that it is accurate, and that it does not infringe anyone else's rights or breach any law. You must not submit content that is unlawful, defamatory, discriminatory, obscene, misleading, or that impersonates another person, and you must not use the Platform to send unsolicited commercial communications, to introduce malicious code, or to attempt to gain unauthorised access to any part of the Platform or its underlying systems.
We may remove or restrict access to Your Content where we reasonably consider that it breaches these Terms or the law. Where we do, we will tell you and explain why, and you may contest our decision using the process in Section 11, unless telling you would be unlawful.
We do not routinely monitor content submitted by users, and we do not endorse it. Reviews and comments express the views of the people who wrote them.
We publish reviews only where we have taken reasonable and proportionate steps to verify that the reviewer has purchased or used the product. We do not submit, commission or publish fake reviews, we do not conceal that a review has been incentivised, and we do not present reviews in a misleading way by suppressing or selectively publishing them. Where we identify a fake or concealed-incentive review we remove it promptly.
11. Notice and Action for Illegal or Infringing Content
If you believe that content on the Platform is illegal, or that it infringes your intellectual property rights, you can notify us at legal@anima-fashion.com or by post at the address in Section 1. Please include your name and contact details, a link to or precise location of the content, an explanation of why you consider it illegal or infringing, and a statement that the information in your notice is accurate and complete to the best of your knowledge.
We will confirm receipt of your notice without undue delay and will tell you our decision, and the reasons for it, within a reasonable time. Where we decide to remove or restrict content, we will tell the person who submitted it and explain why, and we will tell them how they can contest the decision. Where our decision affects you, you may ask us to reconsider it by replying to our decision, and you may also raise the matter through the complaints route in Section 15 or bring proceedings before a court in your country of residence.
We may suspend the handling of notices from a person who repeatedly submits notices that are manifestly unfounded, and we may suspend the account of a person who repeatedly submits illegal or infringing content, after warning them.
ANIMA’s point of contact for recipients of the service, and for any competent authority or court in the United Kingdom, is legal@anima-fashion.com. ANIMA acts as a host of content submitted by users. Where we have actual knowledge that content is unlawful we will act expeditiously to remove it or disable access to it, in accordance with regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002. Communications may be submitted in English.
12. Our Liability to You
We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products that conform to the contract as described in Section 8; and for defective products under the Consumer Protection Act 1987.
Subject to the paragraph above, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or of our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen, or if at the time the contract was made both we and you knew it might happen.
We are not responsible for loss or damage that was not foreseeable, or for loss or damage you suffer as a result of your own breach of these Terms. We are not liable for business losses: we supply the products for domestic and private use, and if you use them for any commercial or business purpose we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.
Neither you nor we are responsible for failing to perform, or for delay in performing, any obligation under these Terms where the failure or delay results from an event outside our reasonable control. If such an event occurs we will contact you as soon as reasonably possible to tell you, and our obligations will be suspended for the duration of the event. Where the delay is substantial you may contact us to end the contract and receive a refund for any products you have paid for but not received.
13. Privacy, Cookies and Marketing
We process personal data about you in order to sell you products, operate your account and the Platform, meet our legal obligations and, where you have agreed or we are otherwise permitted, to send you marketing. Our Privacy Notice at anima-fashion.com/privacy explains what data we collect, why, on what legal basis, how long we keep it, who we share it with, whether we transfer it outside your country and on what safeguards, and how you can exercise your rights of access, rectification, erasure, restriction, portability and objection under the UK General Data Protection Regulation and the Data Protection Act 2018, each as amended by the Data (Use and Access) Act 2025, and how to complain both to us and to the Information Commissioner's Office.
We use cookies and similar technologies. As required by the Privacy and Electronic Communications (EC Directive) Regulations 2003, we will ask for your consent before setting any cookie for which consent is required, and you can change or withdraw your choices at any time through our cookie settings. Some cookies do not require your consent. These include cookies that are strictly necessary to provide the Platform and, following the amendments made by the Data (Use and Access) Act 2025, cookies used solely to collect statistical information about how the Platform is used, to adapt the appearance or functions of the Platform to your preferences, for security purposes, or to enable software updates. We will still tell you about those cookies in our cookie notice.
If you are unhappy with how we have handled your personal data, please raise it with us first, using the contact details in Section 1 or in our Privacy Notice. We will acknowledge your complaint within 30 days and will respond substantively as soon as possible, keeping you informed of our progress. You may complain to the Information Commissioner's Office at any time, and raising a complaint with us first does not affect that right.
We will send you marketing by email or text message only where you have given us your consent, or where you have bought or negotiated to buy similar products from us and we gave you a simple means of refusing at the time — the soft opt-in permitted by regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003. You can opt out at any time, free of charge, using the unsubscribe link in any marketing email, by replying STOP to any marketing text message, or by contacting us. Opting out of marketing does not stop service messages about orders you have placed.
14. Changes to These Terms
The Terms that apply to your order are the Terms in force at the time you placed it. We will not change the Terms of a contract we have already made with you except as set out below.
We may change these Terms for orders placed in the future, and we may change these Terms as they apply to an existing contract only where the change reflects a change in the law or regulatory requirements applying to us, corrects an error or ambiguity that does not affect the substance of the contract, or reflects a change in the way we operate the Platform that does not reduce your rights or increase your obligations.
We will give you at least 30 days' notice of any change by email and by posting the updated Terms on the Site with a revised "Last Updated" date, and we will tell you what has changed. If the change would disadvantage you, you may end the contract before the change takes effect and receive a refund for any products you have paid for but not received.
15. Complaints, ADR and Dispute Resolution
If you are unhappy with the products or with our service, please contact us at customer-care@anima-fashion.com so that we can try to put it right. We will acknowledge your complaint within 5 working days and aim to resolve it within 15 working days, telling you if we need longer and why.
We are willing to participate in alternative dispute resolution. Where we participate, JAMS London Mediation, Arbitration and ADR Services (www.jamsadr.com).
These Terms are governed by the law of England and Wales. If you are a consumer resident in Scotland or Northern Ireland, you also have the benefit of any mandatory provisions of the law of that jurisdiction, and nothing in these Terms affects your rights as a consumer to rely on those provisions.
You may bring proceedings in respect of these Terms in the courts of England and Wales or, if you are resident in Scotland or Northern Ireland, in the courts of that jurisdiction. We may bring proceedings against you only in the courts of the part of the United Kingdom in which you are resident. Nothing in these Terms requires you to submit a dispute to arbitration, to waive any right to participate in a class or representative action, or to bring proceedings outside your country of residence.
16. General
We may transfer our rights and obligations under these Terms to another organisation, and we will tell you in writing if this happens. Where a transfer would reduce the rights or guarantees available to you, we will ensure that they are preserved or will offer you the right to end the contract and receive a refund for any products you have paid for but not received. You may transfer your rights under any guarantee we give you to a person who has acquired the products, provided you tell us in writing.
This contract is between you and us. No other person has any right to enforce any of its terms, except that a person to whom you have transferred the benefit of a guarantee may enforce it.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect, and the unlawful or unenforceable paragraph will be replaced by a provision that achieves, so far as lawfully possible, the same result.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
These Terms, together with our Privacy Notice, our cookie notice and the order confirmation we send you, form the whole agreement between you and us in relation to your order. This does not limit any liability we have for fraudulent misrepresentation, or affect any statement we made to you on which you were entitled to rely.
Sections 8, 12, 13, 15 and 16, and any other provision that by its nature should continue to apply, will survive the end of your contract with us.
Annex A — Model Cancellation Form (Schedule 3, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013)
(Complete and return this form only if you wish to cancel the contract. You do not have to use this form — any other clear statement of your decision to cancel will do — but please keep evidence of when you sent it.)
To: ANIMA Inc., 9429 Harding Ave., Suite 118, Surfside, FL 33154, United States. Email: customer-care@anima-fashion.com.
I/We hereby give notice that I/we cancel my/our contract of sale of the following goods: ______________________________________
Ordered on / received on: ____________________ Order number: ____________________
Name of consumer(s): ____________________________________________________
Address of consumer(s): _________________________________________________
Signature of consumer(s) (only if this form is notified on paper): ____________________ Date: ____________________
