General terms and conditions
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 at http://www.ctshirts.com/RightNow.aspx or call us on the freephone number 1866 797 2701. Our freephone lines are open 24 hours a day, 7 days a week. Inbound and outbound calls may be recorded for quality monitoring and training purposes.
You should print a copy of these Terms for future reference.
- "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.ctshirts.com or any subsequent URL which may replace it;
- "You" means a user of this Website.
- "Order" means, each item requested from us will constitute an individual order.
2) USE OF THE WEBSITE
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.
2.2.1 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 of any changes to the Personal Information by contacting our Customer Service Representatives by email, or calling our freephone number 1 866 797 2701. The lines are open 24 hours a day 7 days a week.
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
3.1.1 By placing an order through our Website, you warrant that you are:
- (a) legally capable of entering into binding contracts;
- (b) at least 18 years old;
- (c) resident in one of the Serviced Countries; and
- (d) 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 shipped (the "Shipping Confirmation"). The contract between us ("Contract") will only be formed when we send you the Shipping Confirmation. Each item requested constitutes an individual order. Please note you will not be charged additonal shipping charges if your orders and our inventory causes us to send more than one parcel.
3.2.2 The Contract will relate only to those Products whose shipping we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the shipping of such Products has been confirmed in a separate Shipping 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 1866 797 2701 or write to us at the following address:Customer Service Manager
Charles Tyrwhitt Shirts LTD
4) CONTRACT CANCELLATION
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within 6 months, 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.
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 Shipping 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 Shipping 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 As you are ordering 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 Charles Tyrwhitt has a policy of charging all customers the same throughout the world, so that the price paid is the same wherever customers live (except for the cost of delivery). None of the significant additional administrative costs for overseas orders are passed on to customers. Equally, an effective reduction in prices through reclaiming VAT is not available.
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.
7.1 From receipt of your order and payment in full we aim to deliver within 7-10 business days, stock permitting. Please add an extra 4 business 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 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 shipping.
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 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. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, if you have ordered from outside of the United States then you will be responsible for the cost of returning the item to us. All returns from within the US are free of charge.
- (b) for any other reason (for instance, because have notified us in accordance with clause 16.4 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 usually 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. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
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 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.
8.5 If you require further information please see our Returns page.
If you telephone one of our customer service representatives, your call may be recorded for quality and training purposes.
11) CHARLES TYRWHITT GIFT CERTIFICATES
11.1 Charles Tyrwhitt paper gift certificates can be exchanged for goods in all Charles Tyrwhitt shops, and can also be used to purchase Products online at ctshirts.com and over the telephone from Charles Tyrwhitt. Please note however that email gift certificates cannot be redeemed in store.
11.2 Gift certificates may not be exchanged for cash.
11.3 If the Products purchased online total less than the value of the gift certificate, any balance will be left as a credit for you with http://www.ctshirts.com, and will be redeemed against subsequent orders.
11.4 Gift certificates may not be used to discharge indebtedness on any account issued by Charles Tyrwhitt Shirts LTD.
11.5 When redeeming gift certificates online or over the telephone you will be required to give the serial number of the certificate. This may be used once only. Email gift certificates must be used in conjunction with the email address to which they were mailed and can only be used online only.
11.6 Gift certificates 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 certificates, then in most instances we will credit your online shopping account against further purchases. 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 $199) 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, mailing 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, including the multi-buy offers.
13) MONEY OFF COUPONS AND PROMOTIONAL DISCOUNTS
13.1 Money-off coupons and coupon codes are not exchangeable for cash and can only be used once per transaction. Money-off coupons and coupon codes cannot be used to purchase gift certificates.
13.2 Money-off coupons and coupon codes cannot be used in conjunction with any other coupon or coupon 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) certificates 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 coupon, we will refund to you the full price of that item less the value of the coupon 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 account credit, a money off voucher, a Groupon or living social voucher or a gift voucher.
14) OUR LIABILITY
14.1 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.
14.2 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.
14.3 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.
14.4 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 14.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 14.1 or clause 14.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 14.4.
14.5 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.
15) EVENTS OUTSIDE OUR CONTROL
15.1 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").
15.2 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.
15.3 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.
16.1 Intellectual property and right to use
16.1.1 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.
16.1.2 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.
16.1.3 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.
16.1.4 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.
16.2 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.
16.3 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.
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 16.3 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.
16.5 Transfer of rights and obligations
16.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.5.2 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.
16.5.3 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.
16.8 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.
16.9 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 Shipping 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.
17) ARBITRATION AND CHOICE OF LAW AGREEMENT FOR US CUSTOMERS
17.1 Arbitration and Choice of Law Agreement for US customers
17.1.1 Arbitration Agreement (Customers who are US Residents): PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. If you have a concern about your purchase, please call Charles Tyrwhitt Customer Services at 1 866 797 2701. In the unlikely event that Charles Tyrwhitt is unable to resolve a complaint you may have to your satisfaction, we each agree to resolve the dispute through binding arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim for damages that does not exceed $10,000, Tyrwhitt will pay the forum and arbitrator fees for the arbitration. You agree that, by making any purchase on this site, you are bound by this Agreement and you and Tyrwhitt are each waiving the right to a trial by jury or to participate in a class action.
This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. To seek arbitration, either party must first send to the other, by certified mail, a written Notice of Dispute ("Notice") setting forth the nature and basis of the claim or dispute and the specific relief sought. The Notice to Tyrwhitt should be addressed to: Charles Tyrwhitt Shirts LTD, Cottons Centre, Cottons Lane, London, SE1 2QG. If Tyrwhitt and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Tyrwhitt may commence an arbitration proceeding. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND TYRWHITT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tyrwhitt agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
As an alternative to arbitration, a customer who has complied with the Notice procedure above may elect to submit their claim to a Small Claims Court, but any filing or other fees will be the customer’s responsibility. As with arbitration, you agree that claims filed in Small Claims Court will be only in your individual capacity and you expressly waive the right to assert any claims on a class basis or as a purported representative of others.
Regardless of the forum for the resolution of any disputes, you agree that, with the exception of the Federal Arbitration Act which governs the enforcement and interpretation of the arbitration provision, any disputes arising from or related to your purchase shall be governed exclusively by the internal laws of England without regard to choice of law principles. In the event that this choice of law provision is found to be unenforceable as applied to you, this choice of law provision shall be severable from the remainder of the Conditions of Use and all other provisions shall remain in effect.
17.2 Pricing Disclosure
Prices on our merchandise are sometimes represented as discounted off a list, reference or former price. Unless stated otherwise, the Listed Price or Suggested Price displayed for products on any Tyrwhitt website may represent the full retail price listed on the product itself or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. To the extent that Tyrwhitt represents a discount off a former price, Tyrwhitt typically, but not always, will have offered the product at the former price for not less than 6 weeks during the 6 month period preceding the discount offer. Because of the variety, number and volume of products offered and ever changing pricing promotions, Tyrwhitt does not guarantee the accuracy of any such discount informationLAST UPDATED 18/05/2015