DEFINITIONS USE OF THE WEBSITE PURCHASE OF PRODUCTS CONTRACT CANCELLATION DESCRIPTION OF PRODUCTS PRICE AND PAYMENT DELIVERY RETURN OF GOODS THIRD PARTY LINKS PRIVACY CHARLES TYRWHITT GIFT VOUCHERS AND PROMOTIONAL DISCOUNTS MULTI-BUY OFFERS MONEY OFF VOUCHERS AND PROMOTIONAL DISCOUNTS PRIZE DRAWS OUR LIABILITY SOCIAL MEDIA COMPETITIONS EVENTS OUTSIDE OUR CONTROL SHIRT RECYCLE SCHEME GENERAL
Introduction Welcome to the Charles Tyrwhitt website terms and conditions for use ("Terms"). These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions please do not use our Website. Before you place an order with us, if you have any questions relating to these Terms please contact our Customer Service Representatives by email, or call us on 1866 508 1160. Our lines are open 7 days a week. Please note that all calls to our Customer Services Representatives will be charged at the local rate (BT users only, other network charges may vary). You should print a copy of these Terms for future reference. Back to top
1) DEFINITIONS "Personal Information" means information that can identify an individual directly or indirectly; "Product" means a product displayed for sale on the Website; "Serviced Countries" means countries within the European Economic Area, Australia, Bahamas, Bermuda, Canada, China, Hong Kong, India, Israel, Japan, Kenya, New Zealand, Singapore, South Africa, UAE, USA and Virgin Islands. "We/us" means Charles Tyrwhitt Shirts LTD of Cottons Centre, Cottons Lane, London, SE1 2QG; "Website" means the website located at www.charlestyrwhitt.com/ca/en_CA/home or any subsequent URL which may replace it; "You" means a user of this Website. Back to top
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 Countries. We do not accept orders from individuals outside those countries, except at BFPO addresses in which case import duties may apply. 2.2 Registration 2.2.1 By registering as a user of our Website, you warrant that: (a) the information which you provide when you register as a user is true, accurate, current and complete in all respects; and (b) you will notify us immediately of any changes to the information by contacting our Customer Service Representatives by email, or calling us on 0344 482 4000. 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. 2.3 Our rights We reserve the right to: (a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) 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; and/or (b) change these Terms from time to time in accordance with clause 18.9 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. Back to top
3) PURCHASE OF PRODUCTS 3.1 Ordering 3.1.1 By placing an order through our Website, you warrant that you are: legally capable of entering into binding contracts; at least 18 years old; resident in one of the Serviced Countries; and accessing our Website from that country. 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. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e mail 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. Please note, for any PayPal orders, payment is processed immediately after your order is placed. 3.2.3 Non-acceptance of an order may be 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 0344 482 4000 or write to us at the following address: Customer Service Manager, Charles Tyrwhitt Shirts LTD Cottons Centre, Cottons Lane, London, SE1 2QG Back to top
4) CONTRACT CANCELLATION 4.1 Depending on your jurisdiction of residence, you may have the under consumer protection legislation to cancel your Contract with us under certain circumstances, such as if: (a) we do not disclose certain required information to you; (b) we do not provide you with an express opportunity to accept or decline the Contract or to correct errors immediately before entering into it; or (c) we do not deliver a copy of the Contract to you in writing within the prescribed period after you entered into the Contract Back to top
5) DESCRIPTION OF PRODUCTS 5.1 We will take 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. 5.2 Reasonable 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. Back to top
6) PRICE AND PAYMENT 6.1 The prices displayed on the Website do not include local retail sales tax or the delivery charge. 6.2 Prices are subject 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 Charles Tyrwhitt has taken reasonable measures in an effort 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 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. Back to top
7) DELIVERY 7.1 Shipping charges and timescales vary depending on the type of products ordered, the service you select and the shipping address. You’ll find full details of our shipping charges (excluding import duties and taxes) and timescales here 7.2 For stock purposes, each item requested constitutes an individual order. We will always attempt to consolidate multiple orders in one shipment. Due to stock and packaging requirements, Products may be shipped over several days and in more than one package. 7.3 If you require further information please see our Delivery page Back to top
8) RETURN OF GOODS 8.1 You may cancel or return your order for a refund or exchange from the date you place the order until 6 months after the date of dispatch, provided that all Products have been returned in the condition in which they were received. 8.2 When you return a Product to us that you purchased via the Charles Tyrwhitt website: (a) because you have cancelled the Contract between us in accordance with clause 8.1 within the 6 month period above and provided proof of purchase (receipt, confirmation email or order number) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation or such other period specified by applicable law. In this case, we will refund the cost of the Product in full less an amount of $9.95 to cover our return shipping costs. (b) for any other reason (for instance, because have notified us in accordance with clause 18.4 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. 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 defective Product or such other period specified by applicable law. Products returned by you because of a defect will be refunded in full, including a refund of any delivery charges. 8.3 We will refund any money received from you using the same method originally used by you to pay for your purchase. 8.4 Products purchased in our retail stores, online or via our customer service team that have been personalised for you, or made to your specific measurements (including sleeve shortening on shirts, addition of pockets on shirts, trouser alterations, jacket alterations, and shortening of shirt tails) or monogrammed are non-refundable and non-exchangeable. 8.5 Charles Tyrwhitt Custom products, our personalised service for shirts, suits, and jackets, cannot be returned or exchanged. 8.6 For exchanges we are happy to honour any promotional pricing you may have received. All exchanges are sent with free postage and packaging. Where the exchange is less than the price you originally paid, we will automatically refund you the difference. If there is an outstanding difference in price we will charge this to the original payment card if available or request that you contact us to pay the difference. By using our exchange form or the online Rebound returns service you are authorising Charles Tyrwhitt to take a payment for the difference in price from your original order (where applicable). 8.7 Face masks cannot be returned or refunded for hygiene reasons. This does not affect your statutory rights. 8.8 If you require further information please see our Returns page. 8.9 The provisions set forth herein do not limit any applicable statutory rights and are in addition to any rights you may have under clause 4 of these Terms. Back to top
9) THIRD PARTY LINKS Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and we are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Back to top
10) PRIVACY We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate. If you telephone one of our customer service representatives, we may keep a recording of that call for training purposes. Back to top
11) CHARLES TYRWHITT GIFT VOUCHERS 11.1 Charles Tyrwhitt paper gift vouchers can be applied towards the purchase of Products in Charles Tyrwhitt Shirts LTD physical store locations trading in the relevant currency denomination, and can also be used to purchase Products online at charlestyrwhitt.com and over the telephone from Charles Tyrwhitt. 11.2 Gift vouchers may not be exchanged for cash. 11.3 For the Products purchased using a gift voucher, if the total value is less than the value of the gift voucher, any balance will remain as credit against your gift voucher and you can redeem the balance on www.charlestyrwhitt.com/ca/en_CA/home, in our stores or over the telephone from Charles Tyrwhitt for any subsequent orders. You can check the balance on your paper or email gift voucher on our websitewww.ctshirts.com/ca/gift-ideas-vouchers. This will show you the available funds remaining for use on subsequent orders. 11.4 Gift vouchers may not be used to discharge indebtedness on any account issued by Charles Tyrwhitt Shirts LTD. 11.5 When redeeming gift vouchers online over the telephone or in our shops, you will be required to give the serial number of the voucher. 11.6 Please contact us if your gift voucher has been damaged. You may be asked to provide proof of purchase and pictures of both sides of the gift voucher. 11.7 If you wish to return Products you have purchased online using gift voucher/s, you will be reissued with replacement gift vouchers. You may also return Products to any Charles Tyrwhitt shop. This does not affect your statutory rights. Back to top
12) MULTI-BUY OFFERS 12.1 Multi-buy offers (for example, buy 4 shirts for $259) only apply to those products to which the multi-buy offer applies and are clearly displayed as such. 12.2 Multi-buy offers are not valid when used in conjunction with any other promotions. 12.3 The multi-buy offers do not include gift wrapping, postage or customization, which are charged in addition to the price of the Products. 12.4 If any Products which form part of a multi-buy offer are returned to us for a refund, you will be refunded the full price of that item less the total discount given in the offer. If any Products which form part of a multi-buy offer are returned for exchange with an item not included in the same multi-buy offer, you will be charged the difference between the discounted price and the full price item. 12.5 Please note that items in the clearance section of our Website have already been heavily discounted and cannot be bought in conjunction with any other offer, apart from the multi-buy offers. 12.6 Please note the multi-buy offers can only be applied up to three times per order. Back to top
13) MONEY OFF VOUCHERS AND PROMOTIONAL DISCOUNTS 13.1 Money-off vouchers and voucher codes are not exchangeable for cash and can only be used once per transaction. Money-off vouchers and voucher codes cannot be used to purchase gift vouchers. 13.2 Money-off vouchers and voucher codes cannot be used in conjunction with any other voucher or voucher code. 13.3 Discounts and promotional discount codes offered by the Website are valid only for use as part of a purchase made via the Website, unless otherwise stated. We are sorry but electronic (email) vouchers cannot be redeemed in our stores. 13.4 If you return to us for a refund a Product which has been purchased with a money-off voucher, we will refund to you the full price of that item less the value of the voucher used. 13.5 Money-off vouchers and promotional discount codes cannot be used towards alterations and delivery charges. 13.6 Paypal as a method of payment is not accepted if the customer is using a money off voucher, a groupon or living social voucher or a gift voucher. Back to top
14) PRIZE DRAWS We also operate prize draws from time to time which are governed by relevant terms and conditions. Such terms and conditions may prohibit, limit or condition participation in certain circumstances or for certain people, or may have requirements for participation. Reference should be made to the specific terms and conditions that govern each draw. Back to top
15) OUR LIABILITY 15.1 We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging. 15.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. 15.3 This does not include or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. (d) IF YOU ARE A RESIDENT OF THE PROVINCE OF QUÉBEC, for any damages you may suffer that is a consequence of our own act or the act of our representative. 15.4 You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, your use or inability to use our Website; the use of any content or other material on our Website, the cost of procurement of substitute goods or services resulting from any Products data, information or services purchased or obtained or transactions entered into or messages received through or from our Website; unauthorized access to or alteration of any transmissions or data sent or received between us; statements or conduct of any third-party on our Website; or any other matter relating to our Website. 15.6 We will take reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Back to top 16) SOCIAL MEDIA COMPETITIONS 16.1 The following section summarizes the rules that apply to social media competitions run by Charles Tyrwhitt Shirts Ltd, as their promoter, whose registered office is at Cottons Centre, Cottons Lane, London, SE1 2QG. Additional rules that pertain to a specific competition will be available via the applicable Facebook / Twitter / Instagram post that introduces such competition. The terms of such additional rules shall take precedence over these rules to the extent of any inconsistency. 16.2 Each competition will be open to anyone aged 18 years (or the applicable age of majority in their jurisdiction of residence)or over, with the exception of employees of Charles Tyrwhitt and their close relatives and anyone otherwise connected with the organisation, promotion or judging of the competition. 16.3 There is no entry fee and no purchase necessary to enter these competitions. 16.4 By entering these competitions, an entrant is indicating his/her/their agreement to be bound by the rules pertinent to the competition. 16.5 The method of entry for each competition, and the details of how to enter the competition will be set out in the applicable Facebook / Twitter / Instagram post that introduces the competition. 16.6 For each competition, only one entry will be accepted per eligible person. Multiple entries from the same person will all be disqualified. Entries from persons who are ineligible to enter under the competition rules will be disqualified. Persons failing to comply with the competition rules will be disqualified. 16.7 The last date for entry into any competition will be 7 days after the competition is posted, after which no further entries to the competition will be permitted. 16.8 No responsibility can be accepted for entries not received, early or late entries, illegible or indecipherable entries, or entries received in a manner contrary to the competition rules, for whatever reason. 16.9 Participants must answer one or more initial questions (depending on the specific competition) correctly to be eligible for selection as a prospective winner. Answers to such initial questions will be submitted in the form of a comment on the relevant Facebook, Twitter or Instagram post relating to the competition. A prospective winner will then be chosen from among eligible entrants at random. In order to win, a prospective winner will have to answer correctly a second skill-testing question under controlled circumstances, If successful, and if they comply with the other requirements of the competition (including the provision of a signed waiver and release form, if applicable), they will be a winner of the competition. 16.10 The promoter reserves the right to cancel or amend any competition, as well as rules (including those set out here) at any time with notice or without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation, or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter. 16.11 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition. 16.12 The nature and approximate value of each prize will be stated on the competition post, and no cash or other alternatives will be offered. Prizes are not transferable. Prizes are subject to availability and the promoter reserves the right to substitute any prize with another prize of equivalent or greater value without giving notice. 16.13 Prospective winners will be chosen randomly by the promoter from among eligible entries meeting the terms and conditions of the competition. 16.14 Each prospective winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date of the relevant competition. If a prospective winner cannot be contacted, does not claim the prize within 14 days of notification, or does not meet the terms and conditions of the competition, the promoter reserves the right to disqualify them and to pick a replacement prospective winner (until a final winner is determined). 16.15 Prospective winners may be required to sign a waiver and release form. Failure to do so will disqualify a potential winner from winning. 16.16 The promoter will notify the winner when and where the prize can be collected / is delivered. 16.17 The promoter’s decision in respect of all matters to do with a competition will be final. The promoter is under no obligation to respond to enquires related to any denial of entry, failure to win or disqualification. 16.18 IF YOU ARE A RESIDENT OF THE PROVINCE OF QUÉBEC, each competition and its terms and conditions will be governed by the laws of that province and any disputes will be subject to the exclusive jurisdiction of the courts of the judicial district of Montréal. 16.19 Unless provided otherwise in these Terms or in the competition’s terms and conditions, each competition and its terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. 16.20 Each winner agrees to the use of his/her/their name and image and any material or information submitted in support of their entry in any publicity material for the competition. Any personal data relating to a winner or any other entrants will be collected, used, stored and disposed of solely in accordance with current EU data protection legislation and any pertinent Canadian legislation and will not be disclosed to a third party without the entrant’s prior consent. 16.21 Each competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other social network. A participant provides his/her/their information to Charles Tyrwhitt and not to any other party. 16.22 The laws of the Province of Ontario and the federal laws of Canada applicable in that province apply to each competition and to all entries in such competitions. All issues and questions concerning the construction, validity, interpretation, and enforceability of the competition rules, or the rights and obligations of participants and the promoter in connection with the competition, shall be governed by, and construed in accordance with such laws., without regard to conflicts of law principles. Each Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of, or connected with, the competition or any prizes shall be resolved individually, without resort to any form of class action, and exclusively by the courts of Ontario; (ii) any and all claims, judgments and awards shall be limited to actual-out-of-pocket costs; (iii) they waive all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket costs; and (iv) any attempt by a participant or any other individual to deliberately damage any website or undermine the legitimate operation of a competition could be a violation of criminal and civil laws and, should such an attempt be made, the promoter reserves the right to seek damages from any such person to the fullest extent permitted by law as well a disqualification from the competition (if appropriate). 16.23 Eataly reserves the right to seek any available legal remedy in connection with any attempt to deliberately undermine the legitimate operation of the Contest. 16.24 The parties have expressly required that these and any other competition rules and all documents and notices relating hereto be drafted in English. Les parties aux présentes ont expressément exigé que le présente regles de concours et tous les documents et avis qui y sont afférents soient rédigés en anglais. In the event of any discrepancies between the English language rules and the French language rules for this Contest, the English language rules shall prevail. 16.25 Where the competition is open to residents of the province of Québec, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. Back to top 17) EVENTS OUTSIDE OUR CONTROL 17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). 17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government. 17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 17) 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. 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. 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. 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 18.3 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. 18.9 Our Right to Vary these Terms We have the right to revise and amend these Terms 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 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 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). FOR RESIDENTS OF THE PROVINCE OF QUÉBEC: if you have created an account on our Website, you will be informed by email 30 days before the amendment to the Terms comes into force. The notice will set out your rights and options as a result of this amendment. 18.10 Law 18.10.1. FOR RESIDENTS OF THE PROVINCE OF QUÉBEC: Please refer to section 18.10.3 below. Sections 18.10.2 is not applicable to you. 18.10.2. These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. 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 exclusive jurisdiction of the courts of England and Wales. 18.10.3 FOR THE RESIDENTS OF THE PROVINCE OF QUÉBEC: You agree that these Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts of the judicial district of Montréal. LAST UPDATED 22/10/2024 Back to top
16) SOCIAL MEDIA COMPETITIONS 16.1 The following section summarizes the rules that apply to social media competitions run by Charles Tyrwhitt Shirts Ltd, as their promoter, whose registered office is at Cottons Centre, Cottons Lane, London, SE1 2QG. Additional rules that pertain to a specific competition will be available via the applicable Facebook / Twitter / Instagram post that introduces such competition. The terms of such additional rules shall take precedence over these rules to the extent of any inconsistency. 16.2 Each competition will be open to anyone aged 18 years (or the applicable age of majority in their jurisdiction of residence)or over, with the exception of employees of Charles Tyrwhitt and their close relatives and anyone otherwise connected with the organisation, promotion or judging of the competition. 16.3 There is no entry fee and no purchase necessary to enter these competitions. 16.4 By entering these competitions, an entrant is indicating his/her/their agreement to be bound by the rules pertinent to the competition. 16.5 The method of entry for each competition, and the details of how to enter the competition will be set out in the applicable Facebook / Twitter / Instagram post that introduces the competition. 16.6 For each competition, only one entry will be accepted per eligible person. Multiple entries from the same person will all be disqualified. Entries from persons who are ineligible to enter under the competition rules will be disqualified. Persons failing to comply with the competition rules will be disqualified. 16.7 The last date for entry into any competition will be 7 days after the competition is posted, after which no further entries to the competition will be permitted. 16.8 No responsibility can be accepted for entries not received, early or late entries, illegible or indecipherable entries, or entries received in a manner contrary to the competition rules, for whatever reason. 16.9 Participants must answer one or more initial questions (depending on the specific competition) correctly to be eligible for selection as a prospective winner. Answers to such initial questions will be submitted in the form of a comment on the relevant Facebook, Twitter or Instagram post relating to the competition. A prospective winner will then be chosen from among eligible entrants at random. In order to win, a prospective winner will have to answer correctly a second skill-testing question under controlled circumstances, If successful, and if they comply with the other requirements of the competition (including the provision of a signed waiver and release form, if applicable), they will be a winner of the competition. 16.10 The promoter reserves the right to cancel or amend any competition, as well as rules (including those set out here) at any time with notice or without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation, or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter. 16.11 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition. 16.12 The nature and approximate value of each prize will be stated on the competition post, and no cash or other alternatives will be offered. Prizes are not transferable. Prizes are subject to availability and the promoter reserves the right to substitute any prize with another prize of equivalent or greater value without giving notice. 16.13 Prospective winners will be chosen randomly by the promoter from among eligible entries meeting the terms and conditions of the competition. 16.14 Each prospective winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date of the relevant competition. If a prospective winner cannot be contacted, does not claim the prize within 14 days of notification, or does not meet the terms and conditions of the competition, the promoter reserves the right to disqualify them and to pick a replacement prospective winner (until a final winner is determined). 16.15 Prospective winners may be required to sign a waiver and release form. Failure to do so will disqualify a potential winner from winning. 16.16 The promoter will notify the winner when and where the prize can be collected / is delivered. 16.17 The promoter’s decision in respect of all matters to do with a competition will be final. The promoter is under no obligation to respond to enquires related to any denial of entry, failure to win or disqualification. 16.18 IF YOU ARE A RESIDENT OF THE PROVINCE OF QUÉBEC, each competition and its terms and conditions will be governed by the laws of that province and any disputes will be subject to the exclusive jurisdiction of the courts of the judicial district of Montréal. 16.19 Unless provided otherwise in these Terms or in the competition’s terms and conditions, each competition and its terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. 16.20 Each winner agrees to the use of his/her/their name and image and any material or information submitted in support of their entry in any publicity material for the competition. Any personal data relating to a winner or any other entrants will be collected, used, stored and disposed of solely in accordance with current EU data protection legislation and any pertinent Canadian legislation and will not be disclosed to a third party without the entrant’s prior consent. 16.21 Each competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other social network. A participant provides his/her/their information to Charles Tyrwhitt and not to any other party. 16.22 The laws of the Province of Ontario and the federal laws of Canada applicable in that province apply to each competition and to all entries in such competitions. All issues and questions concerning the construction, validity, interpretation, and enforceability of the competition rules, or the rights and obligations of participants and the promoter in connection with the competition, shall be governed by, and construed in accordance with such laws., without regard to conflicts of law principles. Each Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of, or connected with, the competition or any prizes shall be resolved individually, without resort to any form of class action, and exclusively by the courts of Ontario; (ii) any and all claims, judgments and awards shall be limited to actual-out-of-pocket costs; (iii) they waive all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket costs; and (iv) any attempt by a participant or any other individual to deliberately damage any website or undermine the legitimate operation of a competition could be a violation of criminal and civil laws and, should such an attempt be made, the promoter reserves the right to seek damages from any such person to the fullest extent permitted by law as well a disqualification from the competition (if appropriate). 16.23 Eataly reserves the right to seek any available legal remedy in connection with any attempt to deliberately undermine the legitimate operation of the Contest. 16.24 The parties have expressly required that these and any other competition rules and all documents and notices relating hereto be drafted in English. Les parties aux présentes ont expressément exigé que le présente regles de concours et tous les documents et avis qui y sont afférents soient rédigés en anglais. In the event of any discrepancies between the English language rules and the French language rules for this Contest, the English language rules shall prevail. 16.25 Where the competition is open to residents of the province of Québec, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. Back to top
17) EVENTS OUTSIDE OUR CONTROL 17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). 17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government. 17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 17) 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. 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. 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. 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 18.3 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. 18.9 Our Right to Vary these Terms We have the right to revise and amend these Terms 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 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 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). FOR RESIDENTS OF THE PROVINCE OF QUÉBEC: if you have created an account on our Website, you will be informed by email 30 days before the amendment to the Terms comes into force. The notice will set out your rights and options as a result of this amendment. 18.10 Law 18.10.1. FOR RESIDENTS OF THE PROVINCE OF QUÉBEC: Please refer to section 18.10.3 below. Sections 18.10.2 is not applicable to you. 18.10.2. These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. 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 exclusive jurisdiction of the courts of England and Wales. 18.10.3 FOR THE RESIDENTS OF THE PROVINCE OF QUÉBEC: You agree that these Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts of the judicial district of Montréal. LAST UPDATED 22/10/2024 Back to top
17) 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. 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. 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. 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 18.3 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. 18.9 Our Right to Vary these Terms We have the right to revise and amend these Terms 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 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 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). FOR RESIDENTS OF THE PROVINCE OF QUÉBEC: if you have created an account on our Website, you will be informed by email 30 days before the amendment to the Terms comes into force. The notice will set out your rights and options as a result of this amendment. 18.10 Law 18.10.1. FOR RESIDENTS OF THE PROVINCE OF QUÉBEC: Please refer to section 18.10.3 below. Sections 18.10.2 is not applicable to you. 18.10.2. These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. 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 exclusive jurisdiction of the courts of England and Wales. 18.10.3 FOR THE RESIDENTS OF THE PROVINCE OF QUÉBEC: You agree that these Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts of the judicial district of Montréal. LAST UPDATED 22/10/2024 Back to top
