General terms and conditions

2) USE OF THE WEBSITE

2.1 Access

You are provided with access to this Website in accordance with these Terms and any orders placed by you must be placed strictly in accordance with these Terms. Our Website is only intended for use by people resident in the Serviced Areas. We do not accept orders via this Website from individuals outside the Serviced Areas.

2.2 Registration

2.2.1 By registering as a user of our Website, you warrant that:

• (a) the Customer Information which you provide when you register as a user is true, accurate, current and complete in all respects; and
• (b) Please notify us immediately of any changes to the Customer Information by contacting our Customer Service Representatives by email, or calling us on our Freephone number 1800 703 505;
• (c) you have read and agree to, our Privacy Policy.

2.2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

2.2.3 You must be a registered user of our Website in order to make orders and access certain features of the Website. You agree not to use another registered user's account without our, and/or the other user's express prior consent.

2.3 Our rights

We reserve the right to:

• (a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) or terminate or limit your access to the Website, including your access to your registered user account, your account details or other information contained within your account, with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website or termination or limiting of your access; and/or
• (b) change these Terms from time to time in accordance with clause 17.9 Our Right to Vary these Terms. If you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms. Subject to clause 17.9, changes will take effect immediately upon being posted on the Website. Please visit this area of the Website periodically so you will be continually aware of the Terms.

3) PURCHASE OF PRODUCTS

3.1 Ordering

3.1.1 By placing an order through our Website, you warrant that you are (and agree that you will otherwise not be eligible to order if you are not):

• legally capable of entering into binding contracts;
• at least 18 years old;
• resident in the Serviced Areas;
• accessing our Website from within the Serviced Areas; and
• using and will use the Website in accordance with these Terms.

3.1.2 When placing an order you will be automatically added to our promotional emailing list. You can opt out of promotional email activity at any time by clicking on the "unsubscribe" link at the bottom of any marketing email or by updating your Mailing Preferences when you log in to your account. It may take up to 7 days for the change to take effect. You will remain opted out of promotional email activity until you change your Mailing Preference again.

3.2 How the contract is formed between you and us

3.2.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. Any order received from your registered user account will be taken to be an offer made by you, regardless of whether the order was in fact placed by you or not. All orders are subject to acceptance by us at our sole discretion, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.

3.2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation, at which time they will become the subject of a separate Contract.

3.2.3 Non-acceptance of an order may be, without limitation, a result of one of the following:

• - The Product you ordered being unavailable from stock.
• - Our inability to obtain authorisation for your payment.
• - The identification of a pricing or Product description error.
• - You not meeting the eligibility to order criteria set out in these Terms.

3.2.4 If you do require any information regarding orders you have placed with us please call us on our Freephone number 1800 703 505 or write to us at the following address:

Customer Service Manager
Charles Tyrwhitt Shirts LTD
Cottons Centre,
Cottons Lane,
London,
SE1 2QG

4) CONTRACT CANCELLATION

4.1 You may cancel your order (or any part thereof) at any time [and for any reason] prior to our sending of the Dispatch Confirmation for the Product which is subject to the cancellation request.

4.2 To cancel a order, you must inform us in writing. Please visit our contact us page.

4.3 We will confirm within 2 working days that your cancellation has been accepted and refund the price of the Product subject to the cancellation within 5 working days of our confirmation.

4.4 Once a Dispatch Confirmation has been sent, your rights to cancel the Contract will be governed by our Exchange and Returns Policy.

4.5 This clause 4 does not affect your statutory rights.

5) DESCRIPTION OF PRODUCTS

5.1 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We will confirm the price of a Product in the Dispatch Confirmation. Products listed on the Website as available may not be available immediately or at all.

5.2 Every care has been taken to ensure that the description and specifications of the Products are correct. However while the colour reproduction is a close representation, a slight variation in the actual Products may occur.

6) PRICE AND PAYMENT

6.1 The price of any Products will be as confirmed in the Dispatch Confirmation. The price of Products exclude delivery costs, which will be added to the total amount due for the Products and will be shown in the Dispatch Confirmation. In the event you do not agree to any price shown in the Dispatch Confirmation, you may exercise your rights under our Exchange and Returns Policy .

6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

6.3 Every effort has been made on this Website to ensure that shopping online is safe and secure. Charles Tyrwhitt cannot be responsible for the fraudulent use on our Website of a lost credit card, but will assist your credit card company where necessary once you have reported the fraud to them.

6.4 Pricing and VAT outside of the UK

6.4.1 If you order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

6.4.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

8) RETURN OF GOODS

8.1 Subject to the following clauses, non-sale Products purchased via the Charles Tyrwhitt Website can be returned to us for a full refund or exchange within 6 months of the date of dispatch.

8.2 When you return a Product to us and request for a refund or exchange:

• (a) You are entitled to return purchased products within the 6 month period above given that you can provide proof of purchase (receipt, confirmation email or order number). We will examine the returned Product and will confirm via email whether you are entitled to the requested refund or exchange.
• (b) Where you have requested for a refund, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the Product, including the original cost of sending the Product to you. Exchanges are always free of charge. If you return an item we will deduct $7.95 from your return credit to contribute to return shipping costs.
• (c) Exchanges are always free. Where you have requested for a exchange, we will process the exchange as soon as possible subject to the availability of the item which you have selected to be exchanged with the returned Product. We will refund you the original cost of sending the Product to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to an exchange for the Product.
• (d) Exchanges are always free of charge. If you return an item we will deduct $7.95 from your return credit to contribute to return shipping costs.
• (e) You will not be entitled to a refund or exchange of the Product where: we have not received your returned Product; it is apparent from the condition of the returned Product that you had not taken reasonable care of the Product while it was in your possession; and you have not returned the Product within the period referred to in clause 8.1 above.

8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8.4 Goods purchased online and altered by Charles Tyrwhitt including monogramming cannot be refunded or exchanged.

8.5 Face masks cannot be returned or refunded for hygiene reasons. This does not affect your statutory rights.

8.6 If you require further information please see our Returns page.

8.7 This clause 8 does not affect your statutory rights.

18) GENERAL

18.1 Intellectual property and right to use

18.1.1 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited. The 'Charles Tyrwhitt' mark is a registered trade mark of Charles Tyrwhitt Shirts LTD and the use or misuse of this mark, without our express prior consent, is strictly prohibited. Nothing contained on this Website or your permission to access or use of the Website shall be construed as granting any licence or right to you to use any intellectual property rights in the content on the Website, except as provided in these Terms or with our express prior consent.

18.1.2 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without our prior written permission.

18.1.3 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of Product(s)) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.

18.1.4 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content, except as permitted by these Terms, by law or with our express prior consent.

18.1.5 Subject to our Privacy Policy, you agree to grant us a irrevocable, perpetual, royalty-free, non-exclusive and world-wide licence to use any information contained in any communication between you and us (other than personal information as defined in section 6 of the Privacy Act 1988 (Cth)) for any purpose, which information you agree is not confidential, including but not limited to any idea communicated by you in relation to how we may improve the Website, the Products and our services. You agree that you are not breaching any third party rights (including intellectual property rights) by communicating such information to us.

18.2 Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website (including any standards, content requirements or codes established by any relevant authority such as industry codes of practice). In particular, you agree not to:

• (a) engage in any activity which adversely affects the Website or another user's use of the Website or servers or networks which host the Website; and
• (b) interfere with security features of the Website including features which prevent or restrict certain uses of the Website.

You agree to indemnify us, our affiliates and our respective directors, employees, agents and licensors from and against all loss, damage or liability incurred or suffered by us arising out of any action, suit, claim, demand or proceeding by any person against your or us in connection with your conduct or breach of these Terms.

18.3 Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

18.4 Notices

All notices given by you to us must be given to Charles Tyrwhitt Shirts LTD at Cottons Centre, Cottons Lane, London, SE1 2QG. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 17.3 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

18.5 Transfer of rights and obligations

18.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

18.5.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

18.5.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

18.6 Severance

If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.

18.7 Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

18.8 Entire Agreement

We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

18.9 Our Right to Vary these Terms

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

18.10 Law

These Terms and the Contracts shall be governed by and construed in accordance with the laws of Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of Australia. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Australia.

LAST UPDATED 29/06/2021