Last updated 25/06/2026

47 Brand Messaging Terms & Conditions

47 Brand Europe Limited (hereinafter, "47 Brand," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and the 47 Brand Privacy Policy.

BY OPTING IN TO OR PARTICIPATING IN ANY OF OUR PROGRAMS, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS (THE “AGREEMENT”), INCLUDING, WITHOUT LIMITATION, YOUR AGREEMENT TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION, AS DETAILED IN THE "DISPUTE RESOLUTION" SECTION BELOW.  THIS AFFECTS YOUR RIGHTS ABOUT HOW YOU MAY RESOLVE DISPUTES AND IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW CAREFULLY.

By opting in to or participating in any of our Programs, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, or other news or information from Us and not because of a desire or intent to initiate litigation or bring legal claims against any party. If you have requested to receive SMS with a desire to bring legal claims against Us or any vendors acting on our behalf, then you shall immediately unsubscribe using the instructions set forth below and agree to indemnify Us and/or those vendors for any expenses, including attorneys' fees, associated with defending such claims.

This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In.

• Consent to Receive Recurring Automated Messages. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from 47 Brand, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else's, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
  
• Consent to Receipt of Electronic Information and E Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing telephone calls and text messages. By opting-in to Our texting program, you authorize Us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at customer.care@47brand.eu. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
  
• Disclosure of Data to Identify Device and Prevent Fraud. Further, You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, 47 Brand or Our service provider(s), including Klaviyo, Inc., to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to endeavor to detect and prevent fraud. See our Privacy Policy for how we treat your data.
  
  

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by law, You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that 47 Brand and its service providers will not have liability for failing to honour requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, may not be deemed to be reasonable methods of opting out.

3. Other Terms and Policies. You also agree to the 47 Brand Terms and Conditions and 47 Brand Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.

5. AI-Generated Message Content: You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. Some of these messages may be tailored to your interests based on information available to Us. By enrolling in the program and checking the box agreeing to receive offers, updates, and promotions via SMS, which may include AI-Generated content, You agree to the use of such AI.

6. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

7. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at customer.care@47brand.eu. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

8. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

9. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

10. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. 47 Brand, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

11. Contact. This Program is a service of 47 Brand Europe Limited, located at 1st Floor East CBX2, Midsummer Boulevard, Milton Keynes, MK9 2EA, England.

12. Age Restriction: You may not use or engage with the Platform if you are under eighteen (18) years of age (or at least the legal age to contract in the jurisdiction where you reside, if higher than 18). You represent and warrant that you are domiciled in the European Union/ United Kingdom or a designated territory to which we conduct product deliveries, and you are eighteen (18) years old or older (or at least the legal age to contract in the jurisdiction where you reside, if higher than 18).  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's applicable law to use and/or engage with the Platform.

13. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the European General Data Protection Regulation (“GDPR”) as transposed into the laws of the United Kingdom (“UK GDPR”), Data Protection Act 2018, Data Use and Access Act 2025  ); and
• Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
  
  

14. Direct marketing Laws: To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable direct marketing laws, including, but not limited to the Privacy and Electronic Communications (EC Directive) Regulations 2003 and ePrivacy Directive (Directive 2002/58/EC).

15. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver).

Our Customer Service Specialists are ready to assist you and address your concerns—email us at: customer.care@47brand.eu.

PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND PARTICIPATE IN ANY FORM OF CLASS ACTION.  YOU AND 47 BRAND ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTERNATIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND 47 BRAND, OR BETWEEN YOU AND KLAVIYO, INC. OR ANY OTHER THIRD-PARTY SERVICE PROVIDER ACTING ON OUR BEHALF TO TRANSMIT THE MOBILE MESSAGES WITHIN THE SCOPE OF THE PROGRAM, ARISING FROM OR RELATING IN ANY WAY TO FEDERAL OR STATE STATUTORY CLAIMS, COMMON LAW CLAIMS, THIS AGREEMENT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, EXISTENCE, OR VALIDITY THEREOF, INCLUDING THE VALIDITY, DETERMINATION OF THE SCOPE, APPLICABILITY OR ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE ("DISPUTE"), SUCH DISPUTE SHALL BE REFERRED TO BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION (“ARBITRATION AGREEMENT”).

The arbitration will be administered by the London Court of International Arbitration (“LCIA”) in accordance with the LCIA Arbitration Rules (the “LCIA Rules”), which LCIA Rules are deemed to be incorporated by reference into this Arbitration Agreement, except as modified by this Section 15. 

The number of arbitrators shall be one.

The seat, or legal place, of arbitration shall be London.

The language to be used in the arbitral proceedings shall be English.

The governing law of the Agreement shall be English law.

The arbitrator(s) will have exclusive jurisdiction to resolve any Dispute, including relating to arbitrability and/or
enforceability of this Arbitration Agreement, including any unconscionability challenge or any other challenge that the Arbitration Agreement or this Agreement is void, voidable, or otherwise invalid. The arbitrator(s) will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator(s) may award reasonable fees to you under the standards for fee shifting provided by law.

You agree to an arbitration on an individual basis. In any Dispute, NEITHER YOU NOR 47 BRAND WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR A CLASS MEMBER. The arbitral tribunal may not consolidate more than one customer’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no jurisdiction to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this section is found unenforceable, the unenforceable provision will be severed, and the remaining terms of this section will be enforced. This Arbitration Agreement shall survive any cancellation or termination of your Agreement to participate in any of Our Programs.

16. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Last updated 25/06/2026

47 Brand Messaging Terms & Conditions

47 Brand Europe Limited (hereinafter, "47 Brand," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and the 47 Brand Privacy Policy.

BY OPTING IN TO OR PARTICIPATING IN ANY OF OUR PROGRAMS, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS (THE “AGREEMENT”), INCLUDING, WITHOUT LIMITATION, YOUR AGREEMENT TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION, AS DETAILED IN THE "DISPUTE RESOLUTION" SECTION BELOW.  THIS AFFECTS YOUR RIGHTS ABOUT HOW YOU MAY RESOLVE DISPUTES AND IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW CAREFULLY.

By opting in to or participating in any of our Programs, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, or other news or information from Us and not because of a desire or intent to initiate litigation or bring legal claims against any party. If you have requested to receive SMS with a desire to bring legal claims against Us or any vendors acting on our behalf, then you shall immediately unsubscribe using the instructions set forth below and agree to indemnify Us and/or those vendors for any expenses, including attorneys' fees, associated with defending such claims.

This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In.

• Consent to Receive Recurring Automated Messages. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from 47 Brand, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else's, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
  
• Consent to Receipt of Electronic Information and E Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing telephone calls and text messages. By opting-in to Our texting program, you authorize Us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at customer.care@47brand.eu. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
  
• Disclosure of Data to Identify Device and Prevent Fraud. Further, You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, 47 Brand or Our service provider(s), including Klaviyo, Inc., to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to endeavor to detect and prevent fraud. See our Privacy Policy for how we treat your data.
  
  

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by law, You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that 47 Brand and its service providers will not have liability for failing to honour requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, may not be deemed to be reasonable methods of opting out.

3. Other Terms and Policies. You also agree to the 47 Brand Terms and Conditions and 47 Brand Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.

5. AI-Generated Message Content: You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. Some of these messages may be tailored to your interests based on information available to Us. By enrolling in the program and checking the box agreeing to receive offers, updates, and promotions via SMS, which may include AI-Generated content, You agree to the use of such AI.

6. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

7. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at customer.care@47brand.eu. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

8. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

9. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

10. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. 47 Brand, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

11. Contact. This Program is a service of 47 Brand Europe Limited, located at 1st Floor East CBX2, Midsummer Boulevard, Milton Keynes, MK9 2EA, England.

12. Age Restriction: You may not use or engage with the Platform if you are under eighteen (18) years of age (or at least the legal age to contract in the jurisdiction where you reside, if higher than 18). You represent and warrant that you are domiciled in the European Union/ United Kingdom or a designated territory to which we conduct product deliveries, and you are eighteen (18) years old or older (or at least the legal age to contract in the jurisdiction where you reside, if higher than 18).  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's applicable law to use and/or engage with the Platform.

13. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the European General Data Protection Regulation (“GDPR”) as transposed into the laws of the United Kingdom (“UK GDPR”), Data Protection Act 2018, Data Use and Access Act 2025  ); and
• Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
  
  

14. Direct marketing Laws: To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable direct marketing laws, including, but not limited to the Privacy and Electronic Communications (EC Directive) Regulations 2003 and ePrivacy Directive (Directive 2002/58/EC).

15. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver).

Our Customer Service Specialists are ready to assist you and address your concerns—email us at: customer.care@47brand.eu.

PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND PARTICIPATE IN ANY FORM OF CLASS ACTION.  YOU AND 47 BRAND ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTERNATIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND 47 BRAND, OR BETWEEN YOU AND KLAVIYO, INC. OR ANY OTHER THIRD-PARTY SERVICE PROVIDER ACTING ON OUR BEHALF TO TRANSMIT THE MOBILE MESSAGES WITHIN THE SCOPE OF THE PROGRAM, ARISING FROM OR RELATING IN ANY WAY TO FEDERAL OR STATE STATUTORY CLAIMS, COMMON LAW CLAIMS, THIS AGREEMENT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, EXISTENCE, OR VALIDITY THEREOF, INCLUDING THE VALIDITY, DETERMINATION OF THE SCOPE, APPLICABILITY OR ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE ("DISPUTE"), SUCH DISPUTE SHALL BE REFERRED TO BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION (“ARBITRATION AGREEMENT”).

The arbitration will be administered by the London Court of International Arbitration (“LCIA”) in accordance with the LCIA Arbitration Rules (the “LCIA Rules”), which LCIA Rules are deemed to be incorporated by reference into this Arbitration Agreement, except as modified by this Section 15. 

The number of arbitrators shall be one.

The seat, or legal place, of arbitration shall be London.

The language to be used in the arbitral proceedings shall be English.

The governing law of the Agreement shall be English law.

The arbitrator(s) will have exclusive jurisdiction to resolve any Dispute, including relating to arbitrability and/or
enforceability of this Arbitration Agreement, including any unconscionability challenge or any other challenge that the Arbitration Agreement or this Agreement is void, voidable, or otherwise invalid. The arbitrator(s) will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator(s) may award reasonable fees to you under the standards for fee shifting provided by law.

You agree to an arbitration on an individual basis. In any Dispute, NEITHER YOU NOR 47 BRAND WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR A CLASS MEMBER. The arbitral tribunal may not consolidate more than one customer’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no jurisdiction to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this section is found unenforceable, the unenforceable provision will be severed, and the remaining terms of this section will be enforced. This Arbitration Agreement shall survive any cancellation or termination of your Agreement to participate in any of Our Programs.

16. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.