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

• "Personal Information" means the details provided by you on registration;
• "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/us or any subsequent URL which may replace it;
• "You" means a user of this Website.

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:

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.

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 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 Shipping page

8) RETURN OF GOODS

8.1 Products purchased via the Charles Tyrwhitt Website can be returned to us for a full refund or exchange within 6 months of the date of dispatch.

8.2 When you return a Product to us 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 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 exchangable.

8.6 Charles Tyrwhitt Custom products, our personalised service for shirts, suits, and jackets, cannot be returned or refunded.

8.7 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).

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

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

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.

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.

11) CHARLES TYRWHITT GIFT VOUCHERS

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 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 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 http://www.charlestyrwhitt.com/us, 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.charlestyrwhitt.com/gift-certificates. 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.

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.

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.

14) PRIZE DRAWS

We also operate prize draws from time to time which are governed by relevant terms and conditions.

15) OUR LIABILITY

15.1 We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

15.2 We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.

15.3 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.

15.4 This does not include or limit in any way our liability:

• (a) for death or personal injury caused by our negligence;
• (b) under section 2(3) of the Consumer Protection Act 1987;
• (c) for fraud or fraudulent misrepresentation; or
• (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

15.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

• (a) loss of income or revenue;
• (b) loss of business;
• (c) loss of profits or contracts;
• (d) loss of anticipated savings;
• (e) loss of data; or
• (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 15.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 15.1 or clause 15.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 15.5.

15.6 We will take all reasonable care, in so far as it is in our power to do so, 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.

16) SOCIAL MEDIA COMPETITIONS

16.1 The promoter is: Charles Tyrwhitt Shirts Ltd whose registered office is at Cottons Centre, Cottons Lane, London, SE1 2QG.

16.2 The competition 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 judging of the competition.

16.3 There is no entry fee and no purchase necessary to enter this competition.

16.4 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

16.5 Route to entry for the competition and details of how to enter are via Facebook / Twitter / Instagram.

16.6 Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

16.7 Closing date for entry will be 7 days after the post, after which no further entries to the competition will be permitted.

16.8 No responsibility can be accepted for entries not received for whatever reason.

16.9 The rules of the competition and how to enter are as follows: Participants must answer the following question correctly to be in with chance of winning: Answers are submitted in the form of a comment on the relevant Facebook, Twitter or Instagram post, and then a winner is chosen at random.

16.10 The promoter reserves the right to cancel or amend the competition 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 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 prize is as stated on the competition post, and no cash or other alternatives will be offered. 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.

16.13 Winners will be chosen: At random by the team, from all entries received and verified by the Charles Tyrwhitt marketing team.

16.14 The winner will be notified by email and/or DM on Twitter/Facebook and/or letter 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.

16.15 The promoter will notify the winner when and where the prize can be collected / is delivered.

16.16 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

16.17 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.

16.18 The winner agrees to the use of his/her name and image in any publicity material for the competition, 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.

16.19 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other social network. You are providing your information to Charles Tyrwhitt and not to any other party.

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.

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.