Welcome to the Thomas Pink 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 email@example.com.
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 we provide goods to including the United Kingdom and select international countries.
We/us means Thomas Pink Shirtmaker Limited of Suite 1, 7th Floor, 50 Broadway, London, SW1H 0BL, United Kingdom.
Website means the website located at https://thomaspink.com or any subsequent URL which may replace it.
You means a user of this 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.
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 at firstname.lastname@example.org.
2.2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not 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 14.9 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.
3.1.1 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 marketing 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.
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 email 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.
3.2.3 We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after you have been issued with a Dispatch Confirmation or after your payment method has been charged. If your payment method has already been charged for the purchase and your order is cancelled, we will issue a credit to your payment method account.
3.2.4 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.
3.2.5 In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed or your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, we will issue a credit to your payment method account.
3.2.6 If you do require any information regarding orders you have placed with us, please email us at email@example.com, or write to us at the following address:
Customer Service Manager
Thomas Pink Shirtmaker Limited
Suite 1, 7th Floor
London, SW1H 0BL
3.2.7 You may not purchase any Product from this Website for resale by you or any other person, and you may not resell any item purchased from this Website.
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 have 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.
5.1 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 of publication. 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.
6.1 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 Any applicable taxes and duties are calculated at checkout and added to the cost of the order.
6.3 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.
6.4 Every effort has been made on this Website to ensure that shopping online is safe and secure. Thomas Pink 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.
7.1 For US deliveries, stock permitting, we aim to deliver within 4-6 working days from receipt of your order and payment in full if orders are placed Monday through to Thursday.
7.2 Due to stock and packaging requirements, Products may be shipped over several days and in more than one package.
7.3 We do not dispatch on Saturdays, Sundays nor on English Bank Holidays. Orders placed on these days will be dispatched on the first subsequent working day.
8.1 Product(s) purchased via the Thomas Pink Website can be returned to us for a full refund of the Pound Sterling price paid for the Product(s) within 28 days of the date of dispatch.
8.2 When you return a Product to us that you purchased via the Thomas Pink website:
(a) because you have cancelled the Contract between us within the 28 day period above and have followed the guidelines specified in our Returns Policy, we will process the refund due to you as soon as possible and, in any case, within 28 days of the day we have received your returned Products. In this case, we will refund the cost of the Product in full.
(b) because you have cancelled your Contract within the 14 day period which is your right by law, and/or you do not agree to any change in these terms and conditions or in any of our policies, and have notified us in accordance with clause 14.4, we will process the refund due to you as soon as possible and, in any case, within 28 days of the day we have received your returned Products. In this case, we will refund the cost of the Product in full if the Product has been returned as specified by our Returns Policy.
(c) because you claim that the Product is defective, we will examine the returned Product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 28 days of providing notification to you that you are entitled to a refund for the defective Product. We will refund the cost of the Product in full. In the event that we do not agree the Products returned by you are defective we shall return it to you stating the reasons for our decision. In such case, no refund will be made for the Products. Please see our Returns Policy for further details.
8.3 We will refund any money received from you using the same method originally used by you to pay for your purchase.
8.4 If you require further information, please see our Returns Policy.
9.1 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 are not responsible for these websites nor their content nor 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.
10.2 We may keep a recording of any calls made to our Customer Service Representatives for training purposes.
11.1 Discount codes are not exchangeable for cash and can only be used once per transaction.
11.2 Discount codes cannot be used in conjunction with any other promotion nor discount code.
11.3 Discount codes offered by the Website are valid only for use as part of a purchase made via the Website, unless otherwise stated.
11.4 If you return to us for a refund a Product which has been purchased with a discount code or on promotion, we will refund to you the full price of that item less the value of the discount or promotion applied.
11.5 Discount codes cannot be used towards alterations, delivery charges nor taxes and duties.
11.6 Shirt Hot Bundle Promotion:
- Valid on selected shirts as directed in the marketing communication.
- When shirts are purchased in multiples of 3, a discount of 30% will be applied.
- Discount will only apply to the retail value of the shirts and does not include shipping, duties nor taxes.
- Discount automatically applied at checkout.
- Online offer only. Not valid in-store. No returns in-store.
- Cannot be used in conjunction with any other offers or discounts.
- A full refund will be issued only when all items from a bundle are returned. If all items from a bundle are not returned, the discount provided on the order is forfeited and the discount will be deducted from the returned items full sale value prior to any discount.
- The promotion is subject to stock availability, and we reserve the right to withdraw, amend or extend offers at any time, without prior notice.
12.1 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.
12.2 We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.
12.3 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.
12.4 This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.5 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 12.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 12.5.
12.6 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.
13.1 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").
13.2 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.
13.3 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.
13.4 Our liability for losses you suffer as a result of a Force Majeure Event is strictly limited to the purchase price of the Product you purchased
14.1 Intellectual property, trademarks and right to use
14.1.1 Unless stated, trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Thomas Pink Shirtmaker LLC, their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein.
14.1.2 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.
14.1.3 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.
14.1.4 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.
14.2 Compliance with laws
14.2.1 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.
14.3 Written Communications
14.3.1 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.
14.4.1 All notices given by you to us must be given to Thomas Pink Shirtmaker Limited at Suite 1, 7th Floor, 50 Broadway, London, SW1H 0BL, United Kingdom. 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 14.3 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.
14.5 Transfer of rights and obligations
14.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.5.2 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.
14.5.3 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.
14.6.1 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.
14.7.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
14.8 Entire Agreement
14.8.1 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.
14.9 Our Right to Vary these Terms
14.9.1 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).
15.1 The laws of the Courts of England and Wales govern these Terms and your use of the Website, and you irrevocably consent to the jurisdiction of the Courts located in England and Wales for any action arising out of or relating to these Terms, including non-contractual disputes or claims. We recognise that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. It is your responsibility to inform yourself of the applied laws and conform with them.