- 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
- EVENTS OUTSIDE OUR CONTROL
- GENERAL
General terms and conditions
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 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 and conditions please contact our Customer Service Representatives by email, or call us on 0344 482 4000. 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). Inbound and outbound calls may be recorded for quality monitoring and training purposes.
You should print a copy of these Terms for future reference.
1) DEFINITIONS
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) USE OF THE WEBSITE
2.1 Access
2.2 Registration
2.2.1 By registering as a user of our Website, you warrant that:
2.2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you arenot authorised to use.
2.3 Our rights
We reserve the right to:
3.1.1 By placing an order through our Website, you warrant that you are: 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. 3.2.1 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. 3.2.4 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:3) PURCHASE OF PRODUCTS
3.1 Ordering
3.2 How the contract is formed between you and us
3.2.3 Non-acceptance of an order may be a result of one of the following:
Customer Service Manager,
Charles Tyrwhitt Shirts LTD
Cottons Centre,
Cottons Lane,
London,
SE1 2QG
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. 4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately and at your own cost and risk. Please take reasonable care of the Products while they are in your possession. This provision does not affect your statutory rights.4) CONTRACT CANCELLATION
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. 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.5) DESCRIPTION OF PRODUCTS
6.1 The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error. These prices exclude delivery costs, which will be added to the total amount due. 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. 6.4.1 If you order Products from our Website for delivery to the European Union, your order will be Delivered Duty Paid (DDP). The total amount paid at checkout is inclusive of all import taxes and duties with exception to certain areas where local taxes apply at delivery point that Charles Tyrwhitt has no control over these charges (Canary Islands, Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, Saint-Martin). 6.4.2 If you order Products from our Website for delivery outside the UK and European Union, 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. 6.4.3 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.6) PRICE AND PAYMENT
6.4 Pricing and VAT outside of the UK
7.1 From receipt of your order and payment in full we aim to deliver within 5 working days, stock permitting. Please add an extra 4 working days if you require customisation. For monogramming and customisation details please see our Website. 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 page7) DELIVERY
8.1 Products purchased via the Charles Tyrwhitt Website can be returned to us for a refund or exchange within 6 months of the date of dispatch. If you are returning for a refund, there will be a small returns handling fee of €4.95 deducted from any refund amount. 8.2 When you return a Product to us that you purchased via the Charles Tyrwhitt website: 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 Products purchased in our either in our retail stores, online or telephone that have been altered or customised by us in any way (including sleeve shortening on shirts, addition of pockets on shirts, trouser alterations, jacket alterations, monogramming and shortening of shirt tails) are non-returnable and non-refundable. Goods purchased online and altered by Charles Tyrwhitt including monogramming cannot be refunded or exchanged. 8.5 For exchanges we are happy to honour any promotional pricing you may have received. All exchanges are sent with free postage and packaging. 8.6 Face masks cannot be returned or refunded for hygiene reasons. This does not affect your statutory rights. 8.7 If you require further information please see our Returns page.8) RETURN OF GOODS
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.9) THIRD PARTY LINKS
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.10) PRIVACY
11.1 Charles Tyrwhitt paper gift vouchers can be exchanged for goods in Charles Tyrwhitt Shirts LTD shops trading in the relevant currency denomination, and can also be used to purchase Products online at ctshirts.co.uk and over the telephone from Charles Tyrwhitt. 11.2 Gift vouchers may not be exchanged for cash. 11.3 For the Products purchased online, 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 it on www.charlestyrwhitt.com/eu, 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 website www.ctshirts.com/eu/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 Gift vouchers are void if the perforated tear-off area has been removed. 11.7 If you have 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.11) CHARLES TYRWHITT GIFT VOUCHERS
12.1 Multi-buy offers (for example, buy 4 shirts for € 169) 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 customisation, 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.12) MULTI-BUY OFFERS
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.13) MONEY OFF VOUCHERS AND PROMOTIONAL DISCOUNTS
14.1 This prize draw is open to anyone aged 18 years or over, with the exception of employees of Charles Tyrwhitt (the “Promoter”) and their close relatives and anyone otherwise connected with the organisation or judging of the prize draw. 14.2 By taking part in this promotion all participants will be deemed to have accepted and be bound by these terms and conditions. 14.3 There is no entry fee and no purchase necessary to enter this prize draw. 14.4 Only one entry per person. Multiple entries from the same person will be disqualified. No bulk, consumer group or third party entries will be accepted. 14.5 No responsibility can be accepted for entries not received for whatever reason. 14.6 The winner will be announced by the 21st October 2018. 14.7 The Promoter reserves the right to refuse to accept any entries the Promoter deems, at its sole discretion, at any time either not to comply with these terms and conditions. If any element of an entry breaches these terms, the Promoter has the right to reject the whole entry. 14.8 If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion or invalidate any affected entries, where required. 14.9 The winner will be randomly selected by Charles Tyrwhitt, from all those who enter the prize draw successfully within the opening and closing times. 14.10 The prize will be delivered to the winner’s designated address within 28 days of receipt of winner address confirmation. 14.11 The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using the prize, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum amount allowable by law. 14.12 The prize is non-transferable, non-refundable and cannot be exchanged for any cash alternatives. If for any reason a prize is not available, the Promoter reserves the right to substitute another prize for it, in its sole discretion, of equal or higher value. 14.13 The Promoter reserves the right to publish the name and county of residence of the winner. 14.14 Any personal data relating to participants will be used solely for the purposes of this promotion and will not be disclosed to a third party for any other purpose without the individual’s prior consent. 14.15 The competition may be amended or withdrawn at any time at the Promoter’s discretion. 14.16 The competition 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. 14.17 Promoter: Charles Tyrwhitt Shirts LTD Cottons Centre, Cottons Lane, London, SE1 2QG, United Kingdom. Company Number 2914928.14) PRIZE DRAWS
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.13) MONEY OFF VOUCHERS AND PROMOTIONAL DISCOUNTS
17.1.1 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. 17.1.2 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. 17.1.3 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. 17.1.4 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. 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. 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. 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. 17.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 17.5.2 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. 17.5.3 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. 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. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. 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. 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). 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. LAST UPDATED 10/09/202417) GENERAL
17.1 Intellectual property and right to use
17.2 Compliance with laws
17.3 Written Communications
17.4 Notices
17.5 Transfer of rights and obligations
17.6 Severance
17.7 Waiver
17.8 Entire Agreement
17.9 Our Right to Vary these Terms
17.10 Law
16.1 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"). 16.2 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: 16.3 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.16) EVENTS OUTSIDE OUR CONTROL