- "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/uk or any subsequent URL which may replace it;
- "You" means a user of this Website.
2. 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.
If you telephone one of our customer service representatives, we may keep a recording of that call for training purposes.
4. OUR LIABILITY
4.1 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.
4.2 We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.
4.3 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.
4.4 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.
4.5 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.
4.6 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.
5. SOCIAL MEDIA COMPETITIONS
5.1 The promoter is: Charles Tyrwhitt Shirts Ltd whose registered office is at Cottons Centre, Cottons Lane, London, SE1 2QG.
5.2 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.
5.3 There is no entry fee and no purchase necessary to enter this competition.
5.4 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
5.5 Route to entry for the competition and details of how to enter are via Facebook / Twitter / Instagram.
5.6 Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
5.7 Closing date for entry will be 7 days after the post, after which no further entries to the competition will be permitted.
5.8 No responsibility can be accepted for entries not received for whatever reason.
5.9 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.
5.10 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.
5.11 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
5.12 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.
5.13 Winners will be chosen: At random by the team, from all entries received and verified by the Charles Tyrwhitt marketing team.
5.14 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.
5.15 The promoter will notify the winner when and where the prize can be collected / is delivered.
5.16 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
5.17 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.
5.18 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.
5.19 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.
6. EVENTS OUTSIDE OUR CONTROL
6.1 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").
6.2 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.
6.3 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.
7.1 Intellectual property and right to use
7.1.1 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.
7.1.2 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.
7.1.3 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.
7.1.4 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.
7.2 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.
7.3 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 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.
7.5 Transfer of rights and obligations
7.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
7.5.2 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.
7.5.3 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.
7.8 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.
7.9 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).
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.