19) GENERAL
19.1 Intellectual property and right to use
19.1.1 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.
19.1.2 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.
19.1.3 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.
19.1.4 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.
19.2 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.
19.3 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.
19.4 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.
19.5 Transfer of rights and obligations
19.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
19.5.2 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.
19.5.3 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.
19.6 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.
19.7 Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
19.8 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.
19.9 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).
19.10 Law
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.
16) PRIZE DRAWS/COMPETITIONS
16.1 The prize draw is open to anyone aged 18 years or over, with the exception of employees of Charles Tyrwhitt and their close relatives and anyone otherwise connected with the organisation or winner selection of the prize draw.
16.2 There is no entry fee and no purchase necessary to enter this prize draw.
16.3 By entering this prize draw, an entrant is indicating his/her agreement to be bound by these terms and conditions.
16.4 Route to entry for the prize draw and details of how to enter are via either Charles Tyrwhitt's comms channels or the partner's comms channels.
16.5 Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
16.6 Closing date for entry will be 10 days after the prize draw is first communicated (unless otherwise specified in the prize draw comms), after which no further entries to the prize draw will be permitted.
16.7 No responsibility can be accepted for entries not received for whatever reason.
16.8 To enter the prize draw, participants must follow the instructions specified in the prize draw comms and then a winner will be chosen at random.
16.9 The promoter reserves the right to cancel or amend the prize draw and these terms and conditions 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 prize draw will be notified to entrants as soon as possible by the promoter.
16.10 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this prize draw.
16.11 The prize is as specified in the prize draw comms. No cash or other alternatives will be offered and prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
16.12 The winner will be chosen at random from all entries received and verified by the Charles Tyrwhitt marketing team.
16.13 The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
16.14 The promoter will notify the winner when and where the prize will be delivered.
16.15 The promoter’s decision in respect of all matters to do with the prize draw will be final and no correspondence will be entered into.
16.16 The prize draw and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
16.17 The winner agrees to the use of his/her name and image in any publicity material for the prize draw, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current EU data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
16.18 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social network. You are providing your information to Charles Tyrwhitt and not to any other party.
16.19 If you have any queries about this prize draw or would like to be informed of the winner, you can contact our Customer Service team at 0344 482 4000, and quote: "Partnership Prize Draw/Competition", the partner name, date and channel the competition was viewed on.
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