Terms & Conditions
Welcome to the Charles Pinckney Shirts website (referred to in these Terms and Conditions as 'this site'). Please note that 'Charles Pinckney Shirts' is a trading name of 'Charles Pinckney Shirts Limited' of 5 Chelsea Court, 95 Elm Park Gardens, London SW10 9QW and all references to 'Charles Pinckney Shirts' or to 'we', 'us' or 'our' on this site are to be construed as references to 'Charles Pinckney Shirts Limited'.
These Terms & Conditions apply to all transactions entered into through this site. Please read them carefully.
Your use of this site indicates your agreement to be bound by these Terms & Conditions. They do not affect your statutory rights.
We may change these Terms & Conditions at any time. Any changes will take effect on the date they are posted on this site (see date at the end of these conditions).
Please always quote your order reference number when entering into any correspondance with us.
- Our Contract
- Accuracy of Information
- Prices and Payment
- Where We Deliver
- Delivery Charges
- Delivery Times
- How We Deliver
- Missing, Damaged or Incorrect Orders
- Cancellation
- Return of Faulty Goods
- Liability and Indemnity
- This Site & Intellectual Property
- Links to and from Other Websites
- General
1. Our Contract
1.1 You will have an opportunity to check and correct any input errors in your order up until you submit your order. The order is submitted by clicking the 'Add to Basket' button once you've made your choices on the 'Your Style' page. This will take you through to the shopping cart from where you can check out or continue shopping. If you notice a problem at any time please let us know as soon as possible.
1.2 This site constitutes our invitation to you to do business with us. Any order submitted by you is your offer to enter into a contract with us. Shortly after receipt of your order we will send you an e-mail confirming the products you have ordered and that we have accepted your order subject to these Terms & Conditions, payment and availability of the items ordered. A legally binding contract between us will only come into effect when our acceptance is dispatched to you.
1.3 We must receive payment for the whole price for the goods that you order before your order can be accepted.
1.4 When deciding whether or not to accept your order we may examine certain information about you including any received from credit reference agency checks. In particular, we may pass your details to a credit reference agency for them to check against certain public and private databases. The credit reference agency may keep a record to use in future security checks. This helps to protect you and us against fraudulent transactions.
1.5 If your payment details cannot be authorised for any reason we will tell you by phoning your contact number. If we fail to reach you we will email you to let you know the card has not been authorised and ask you to contact us at a convenient time for you.
2. Accuracy of Information
2.1 We attempt to be as accurate as possible when describing our products. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the website is accurate, complete, reliable, current, or error-free. We do make every effort to ensure they are as accurate as possible. Please note that designs and prices are subject to change without notice. Whilst every endeavour has been made to accurately reproduce colours, there may be minor variations in colours due to the nature of fabric dyes.
2.2 The customer must bear in mind that there will be extremely minor variation in colours between different computer screens and also between the computer screen and the shirt fabric.
3. Prices and Payment
3.1 All prices and charges on this site are shown in UK pounds sterling. They include any VAT payable and delivery charges (except if special delivery is requested and agreed).
3.2 The total cost of your order will be the price of the products that you order, the cost of any additional services you choose, plus any applicable delivery charge (standard UK delivery charge is included in the price). All these will be set out clearly in your Basket before you submit your order.
3.3 Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative product. We will always contact you if any changes are necessary.
3.4 We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error may occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order.
3.5 We accept payment by most major debit and credit cards. Please check on the payment page if your card is acceptable. Payment is deducted when we process your order.
3.6 Payment can be made by any method specified on our website. We will take all reasonable precautions to keep the details of your order and payment secure but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
4. Where We Deliver
4.1 Delivery may be to the address at which your payment card is registered or an alternative address may be given, which must be within the United Kingdom. You will be able to determine to which address you'd like your order delivered when you complete the payment section in checkout. All deliveries must be signed for. If you ask us to hold the item (should you be away for example) then the item remains our responsibility until we dispatch it to you.
5. Delivery Charges
5.1 Standard delivery is included in the price. If you require special delivery above our standard service then this may incur an additional cost to be determined on a case-by-case basis.
6. Delivery Times
6.1 You will receive your order within 21 days of placing the order with us. If for some reason this is not going to be possible we will notify you as soon as we know.
6.2 We deliver from Monday to Saturday between the hours of 09.00am and 5.00pm. If you place an order after 3.00pm, please calculate your delivery time as if your order had been placed the following working day. In the case of bank holidays, please allow an extra two working days.
6.3 We make every effort to deliver goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. Estimated delivery dates are not part of the contract between you and us, and we shall be under no liability for any delay or failure to deliver the products within estimated timescales.
6.4 Risk of loss and damage to products passes to you on the date of first attempted delivery by us of the products. We cannot accept any liability for loss or damage to products that remain in our custody or that of the courier's because you were unable to receive them unless you have given us prior warning that you will be unavailable on certain dates at your requested delivery address.
7. How We Deliver
7.1 We deliver using first class recorded delivery or courier. This is to minimise the risk of your order going to someone else. There may be an additional charge for delivery outside the UK mainland.
7.2 Occasionally different products contained in the same order may be delivered separately.
8. Missing, Damaged or Incorrect Orders
8.1 In the unlikely event that a product arrives damaged or faulty, please contact us immediately and we will resolve the issue as soon as possible. Please see our Refund & Returns policy on this site for further information.
9. Cancellation
9.1 You can cancel your order at any time up to 48 hours after we have accepted your order by:
- following the returns & refunds instructions on our website
- contacting us - please have your order reference ready
9.2 You may return and get refunded for your order by:
- Contacting us quoting your order reference number
- Then return the order by recorded delivery to 5 Chelsea Court, 95 Elm Park Gardens, London SW10 9QW
- The order must be complete, unused and in 'as new' condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product in any way).
- The order should be returned with the original box, packing and accessories.
- Any 'free gifts' received with the product must also be returned.
9.3 You will receive a full refund including the cost of returning the product or a replacement product if requested and the cancellation is free of charge provided you use an authorised method of cancellation and return. If you choose another method of return, you must bear the costs.
9.4 You will not be able to return or be refunded for your order if you use the goods once they have been delivered to you.
9.5 You will not be able to cancel, return or be refunded for your order if you have supplied measurements that are significantly different from any adjustments needed (where 'significantly' denotes more than 1.5 inches). Please contact us if you have any queries about this.
10. Return of Faulty Goods
10.1 Please note the following are guidelines and where possible we will respond to your individual circumstances. If there is a fault with your product within three (3) months of delivery (or any other defect with your order), we will offer at our discretion a prompt repair, exchange or refund. We will always offer you an exchange or refund if the fault occurs within 30 days of delivery.
10.2 This promise does not cover faults caused by accident, neglect or misuse.
10.3 Any refund due to a fault or other defect will include a refund of the applicable delivery charge. We will also bear the costs of collecting goods for replacement or refund.
11. Liability and Indemnity
11.1 Nothing in these Terms & Conditions excludes or limits our liability for death or personal injury caused by our negligence, our liability for fraudulent misrepresentation or any other liability which may not be limited or excluded under any applicable law.
11.2 Subject to Paragraph 11.1 above, we will use reasonable endeavours to verify the accuracy of any information on this site but we make no representation or warranty of any kind express or implied, statutory or otherwise regarding the contents of this site. Nor do we make any representation or warranty that this site will be available at any time. We make no representation or warranty that any defects within this site will be corrected, or that this site or the server that makes it available are or will be free of viruses or any error or fault in the programming that will cause it or your computer to malfunction. We make no representation as to the full functionality, accuracy, and reliability of this site. We will not be responsible or liable to you for any loss or content or material uploaded or transmitted through this site and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this site.
11.3 Subject to Paragraph 11.1 above, other than as expressly provided in these Terms & Conditions with respect to specific products and except for the exclusive remedies set out in Paragraph 11.1 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under any applicable law.
11.4 Subject to Paragraph 11.1 above, we will not be liable in contract or tort (including, without limitation, negligence) and/or we will not be liable in respect of pre-contract statements or other representations (other than fraudulent on negligent misrepresentations) or in any other manner for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses suffered or incurred by you arising or alleged to arise as a result of or in connection with your use of this site or your prospective or actual purchase of any goods and services from us
11.5 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
11.6 Section 11 does affect your contract cancellation rights.
11.7 Notwithstanding the above, and subject to Paragraph 11.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same paragraph.
11.8 You agree to indemnify, defend and hold us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach or misuse of these Terms & Conditions.
12. This Site & Intellectual Property
12.1 All content and other material available on this website or which forms part of the services, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, software and the compilation thereof (the 'Content') is the property of Charles Pinckney Shirts Limited. The trademarks, trade names, logos, and service marks displayed on the website (collectively, the 'Trademarks') are the registered and unregistered marks of Charles Pinckney Shirts Limited, our affiliates, our licensors or our partners, in the United Kingdom and other countries, and are protected by United Kingdom and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
12.2 Neither the Content, the Trademarks or any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior express written consent.
12.3 You may only use this website in accordance with these Terms & Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this website.
12.4 By using the service, you agree that you will not attempt to undermine the integrity of this web site.
12.5 You are permitted to print the pages of this site for your use as a reminder of the Terms & Conditions, and your order.
13. Links to and from Other Websites
13.1 Our website may include links to other internet sites. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.
13.2 You may only link to this website with our prior express written consent. We expressly reserve the right to withdraw our consent at any time to a link to which we choose not to be linked.
14. General
14.1 These Terms & Conditions and all transactions relating to this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these Terms & Conditions. Sales can only be concluded in English.
14.2 Your data protection rights are set out in our Privacy Policy.
14.3 We accept no responsibility or liability for the content or operation of websites which are not under our control.
14.4 You may not assign or subcontract any of your rights or obligations under these Terms & Conditions or any related order for products to any third party without our prior express written consent.
14.5 We reserve the right to transfer, assign or subcontract the benefit of the whole or part of any of our rights or obligations under these Terms & Conditions or any related contract to any third party without your notice or consent.
14.6 If any portion of these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other paragraphs of these Terms & Conditions shall not be affected.
14.7 No delay or failure by us to exercise any powers, rights or remedies under these Terms & Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of us.
14.8 These Terms & Conditions supersede all prior representations understandings and agreements between you and us relating to the use of this site (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this site and the purchase of goods from us.
Last updated: September 2009. For further details, please contact us
