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 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 Personal 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 Personal 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 arenot 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 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.

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

4) CONTRACT CANCELLATION

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.

4.3 Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned. This doesn't affect your statutory rights if goods are faulty or not as described.

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.

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 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 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.

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.

18) RECYLE SCHEME

18.1 Shirt Recycle Scheme

18.1.1 There is no maximum limit to the amount of shirts that can be returned. Shirts are donated to charity and donated shirts can be from any brand and can be formal or casual. The donating scheme discount at Charles Tyrwhitt is only valid for the purchase of shirts (£5 discount per new shirt purchased). This offer is not valid for purchase of any items on sale. This offer cannot be used in conjunction with any other vouchers or special offers. The multi-buy is inclusive of this offer but it does exclude The Custom Shirts.

18.1.2 This offer is not valid in our UK outlet stores (Cheshire Oaks and Swindon). Customers must purchase in-store on the same day as their visit to be eligible to use the £5 discount per shirt. The discount can only be used/redeemed in store.

18.2 Suit & Jacket Recycle Scheme

18.2.1 There is no maximum limit to the number of suits & jackets that can be returned. The suits and jackets are donated to charity and can be from any brand. The donating scheme discount at Charles Tyrwhitt is only valid for the purchase of suits, jackets or a jacket and trouser combination (20% discount per new suit, jacket or a jacket and trouser combination purchased). This offer is not valid for purchase of any items on sale. This offer cannot be used in conjunction with any other vouchers or special offers.

18.2.2 This offer is not valid in our UK outlet stores (Cheshire Oaks and Swindon). Customers must purchase in-store on the same day as their visit to be eligible to use the 20% discount. The discount can only be used/redeemed in store. Customers must return at least a 2-piece suit (i.e. 1 jacket and 1 trouser) to redeem the offer.

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.