TERMS AND CONDITIONS OF SALE

1.    WHO WE ARE

1.1. Our company. We are Turnbull & Asser USA LLC (“Turnbull & Asser” or "we" or "us" or "our") a New York limited liability company located at 50 East 57th Street New York, NY 10022.

1.2. Our contact details. Our contact details are: customerservice@turnbullandasser.com. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide to us.

1.3. Our websites. We offer our products for sale through our websites at www.turnbullandasser.co.uk, which services all countries except the US, and www.turnbullandasser.com, which services the US only (the “Site”). We will automatically direct you to the appropriate website based on your location, in accordance with our Privacy Policy and Cookie Policy.

1.4. Customer Service. For all customer service queries, please contact us:

· By email at customerservice@turnbullandasser.com

· By telephone at (888) 706-3620

2.    THESE TERMS

2.1. What these terms and conditions cover. These terms and conditions, along with the Privacy Policy and the other documents incorporated by reference herein, collectively comprise the 'Terms'. These Terms are an integral part of the Terms and Conditions of Use that apply generally to the use of our Site. The Terms apply to the exclusion of any terms which you may seek to impose.

2.2. Application of these Terms. These Terms set out the terms and conditions that govern your purchase of products from us through this Turnbull & Asser website. These Terms do not apply to the provision of goods or services by any third party. Before sending orders and purchasing products and services from third parties, we recommend that you verify their terms and conditions.

2.3. Why you should read these Terms. We strongly recommend you carefully read and print a copy of these Terms before you purchase any products from us. These Terms form a contract between you and us. They tell you who we are, how we sell to you, how you and we may change or end these Terms, what to do if there is a problem and other important information. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

2.4. How to order. You can purchase our products from us via this Site or in our stores. Please remember that these Terms only govern the purchase of products made on this Site. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

2.5. Your agreement to the Terms. By placing an order on this Site, you confirm that you accept and agree to these Terms and you are legally old enough to enter into contracts in your jurisdiction but in any event you are at least 18 years old. If you do not agree to these Terms, you cannot purchase products from us.

2.6. Confirming your order. When you submit an order to us, we will issue a confirmation email of your purchase, which will include your purchase receipt, to the email address you provided to us when you placed your order. Please note that once you have placed an order, you can no longer add or remove items from that order. Please see our 'Returns' section below for how you can return your items for free once they have been received.

2.7. Your promise to us. By submitting an order to us through our Site, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be taken by us in full. If the billing details for your order are the same as your delivery address details, by placing an order on the Site you confirm that you are the person referred to in the delivery address details. Otherwise, by placing an order, you confirm that you are the person referred to in the billing details.

2.8. Cancellation by us. We reserve the right not to accept or to cancel any order placed on our Site at any time before we ship the products to you. If we do this, you will be refunded in full, and we will notify you that we have cancelled and issued the refund to you. See the 'Refunds' section below for further details.

2.9. Changes to the Terms. We may make changes to these Terms at any time. We will do this by uploading the latest version with a date confirming when they went live. The new Terms will not affect any orders placed prior to the time of go-live of any new terms but will apply to future orders placed after the time of such new Terms, so please check the Terms that are applicable as at the time of your order.

3.    OUR BUSINESS

3.1. Products not for resale or export. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

4.    OUR PRODUCTS

4.1. Product descriptions. We have taken great care in presenting the products on our Site as accurately as possible. However, the images you see will depend on your monitor's display and color capabilities. We are therefore unable to guarantee that the product images you see are a completely accurate representation of the actual products.

4.2. Estimated manufacturing times. The manufacturing time of our products varies depending on which products you have ordered. We have prepared a short summary table setting out the manufacturing times for some of our products:

Please note that these times are for the manufacture of the products only, and do not include time to ship them to you; for our estimated delivery times, please see the 'Delivery' section below.

5.    MADE TO MEASURE SHIRTS

5.1. You are responsible for your measurements. Where you are required to provide your measurements for any made-to-measure shirt, it is your responsibility to carefully check these measurements for accuracy. The measurements will appear on any order you make for a made-to-measure shirt and will also be included in our confirmation email to you of your purchase. You assume full responsibility for the accuracy of all measurements submitted. Our made-to-measure shirts are created based on the measurements you provide, so you may not cancel an order for a made-to-measure shirt after production begins. We are not liable for any issues arising from incorrect or incomplete measurements provided by you.

5.2. Errors with your measurements. We may be able to update your measurements in very limited circumstances, provided we have not yet instructed our factory to start creating your shirt. If you think that there are any errors with your measurements, you must let us know immediately. Please do so via email to the email address customerservice@turnbullandasser.com or via telephone to (888) 706-3620, quoting your name, email address and order number. If the factory has already started creating your shirt, we will be unable to change your measurements or cancel your order, and as these items are made specifically to meet your requirements, you will not be entitled to return the items.

5.3. Guidance. For help with selecting your correct measurements, please see our Size Guides for relevant products (showing how we measure sizes) or contact our Customer Service team who will be happy to help. Please note that the guidance is there to assist you in selecting the right measurements and you remain responsible for the measurements you submit.

6.    ADDITIONAL SERVICES

6.1. Gift wrapping. Gift wrapping is available as an additional service during checkout. To request gift wrapping for your purchase, simply select the gift wrapping option before completing your order.

6.2. By Appointment. We invite you to experience our 'By Appointment' events, held throughout the year at exclusive locations worldwide – a unique opportunity to access our bespoke service closer to you. For more information, including dates and sites, please visit our 'By Appointment' section below.

6.3. Concierge services. Our concierge service is available in-store only, or over the telephone. If you would like to use this service, please visit your nearest store. You cannot place any orders via our concierge service, and we reserve the right to cancel any order placed via the service.

6.4 Tailoring and alterations. We offer an alteration service which is only available at our 57th Street store in New York. Shortening sleeves and trousers takes up to 3 business days, counting between 11 am EST, when the tailor collects garments at the store, and 5 pm EST on the agreed date when they are returned. Further alterations, such as replacing shirt collars and cuffs, are available (subject to availability of the relevant fabric) for made-to-measure and ready-to-wear items and can be requested in-store. If the original fabric is no longer available, we will inform you and can offer instead replacement of collars and cuffs with in classic white material. Please bring your Turnbull & Asser shirt to our New York store for evaluation. If you have any questions about this service, please get in touch with our Customer Service team.

7.     GIFT CARDS AND E-VOUCHERS

7.1. Differences between them. We offer 1) gift cards; and 2) e-vouchers, with values for each ranging for $50 to $1,000. Our gift cards are physical, tangible cards. You can select your preferred option here. The relevant redemption information for our gift cards is contained on the card. Our e-vouchers are electronic-only vouchers, which we send to you by email to the email address you provided when you purchased the e-voucher. Our email containing the e-voucher will be sent to you shortly after you place your order (typically one hour) and this email will include relevant redemption information for our e-vouchers.

7.2. Available only in US and UK. Our gift cards and e-vouchers are only available for orders being delivered to the UK or the US. Also, please note:

o   our US e-vouchers are redeemable online at www.turnbullandasser.com; and

o   our US gift vouchers are available to purchase online at www.turnbullandasser.com or in our New York store.

Orders attempting to use e-vouchers or gift cards for products delivered to any other country will be cancelled.

7.3. How long do our gift cards and e-vouchers last? Both our gift cards and e-vouchers are valid for an unlimited period and are redeemable in our stores (gift cards only) or online (e-vouchers only) at www.turnbullandasser.co.uk, and only for orders being delivered to the UK (or for the US where relevant). 

7.4. Redemption process. Gift cards can be redeemed in our stores on presentation of the gift card at checkout. When purchasing online, you will be able to select to pay from an e-voucher. Please note, only one e-voucher can be used for each online order. If you wish to use an e-voucher for an online purchase, you will be asked to enter your e-voucher code in the 'promotional codes' section, and your order balance will be automatically updated with credit to the value of the e-voucher at checkout. Gift cards and e-vouchers must be redeemed in the currency they were bought in. If there is any outstanding balance to pay, you can pay in the usual way. If the total order value is less than the value of the gift card or e-voucher, any balance will remain on your account and can be applied to future purchases, provided that the gift card or e-voucher has not expired. Please note that our gift cards and e-vouchers may not be purchased over the telephone or redeemed over the telephone.

7.5. Returning items bought with a gift card or e-voucher. Where we refund you for any purchase, the refund will always be credited to the original payment method – if you used the entire value of a gift card or e-voucher as payment, we will upon request issue you with a new gift card or e-voucher to the same value as the original. Please note that we are unable to accept refunds for certain products, such as made-to-measure shirts or products with monogramming (as set out in these Terms).

7.6. Gift card and e-voucher exclusions. Please note neither gift cards nor e-vouchers can be exchanged for cash. You also cannot use a gift card or e-voucher to purchase another gift card or e-voucher. If you return an item purchased with a gift card or e-voucher, please contact our Customer Service team and we will where appropriate issue you with a new e-voucher or gift card.

8.    DELIVERY

8.1. Delivery charges. We are proud to offer free delivery on all purchases to the United States.

8.2. Shipping Address. Please check the order details carefully before submitting your order. We do not ship to PO Boxes. Please note that a signature may be required upon delivery, therefore we suggest selecting an address where you or someone else is present during office hours. Depending on the status of your order, it may be possible to change the shipping address, but please note this is not possible after shipping. If you need to modify your shipping address, please get in touch with us as quickly as possible after placing your order at customerservice@turnbullandasser.com. If your order is already on its way to you, we cannot make any changes, but we may be able to assist you in contacting the courier.

8.3. Carriers. We use carrier services to deliver products to you. Which service we use will depend on the delivery location. We or one of our partners will let you know, when we or they confirm your order, which service will be delivering your products, along with tracking and contact details as appropriate.

8.4. Title and Risk of Loss. Title and risk of loss pass to you upon delivery.

8.5. Estimated delivery time. Our estimated delivery time for orders shipped to the US is 3-5 business days after dispatch. Orders may take up to one working day to be shipped. Please note that this can vary during our busier periods. All delivery times are estimates only and we do not guarantee that your products will be delivered in any particular time period.

8.6. Shipping products together. Any orders containing made-to-measure, monogrammed and / or ready-to-wear items may be split so that made-to-measure and monogrammed are shipped separately to ready-to-wear items ordered. If you have any questions about your orders,  please get in touch with our Customer Service team.

8.7. Tracking your order. You will receive an email containing the tracking number once the products are shipped. Please note we may need to split your order into separate packages – for each package sent, you will receive an email with shipping confirmation and a tracking number.

8.8. Questions about delivery. If you have any questions or require more information about the delivery, please get in touch with our Customer Service team.

9.    OUR PRICES

9.1. Pricing. Prices posted on this Site may be different from prices offered by us at our stores. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.. The total price for your order will be displayed at the checkout stage before you make payment. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences

9.2. Taxes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

9.3. Payment methods. We accept the following payment methods: Visa, MasterCard, Discover, American Express, Apply Pay, Google Pay, JCB, Elo, Diners Club, and PayPal. Other options, such as Klarna and local payment methods, will be available based on your shipping destination.

9.4. Payment security. We take the utmost care to make our site secure. All credit and debit card transactions are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). We process the personal data required to complete your purchase in accordance with our Privacy Policy. All direct payment gateways adhere to the standards set by PCI-DSS, as managed by the PCI Security Standards Council. PCI-DSS requirements help ensure the secure handling of your card information by our store and service providers.

10. NO EXCHANGES

10.1. No exchanges. We do not currently offer exchanges for any US orders. However, you can easily return any product free of charge for a full refund and place a new order at your convenience. Please see our 'Returns' section below for more information.

11.   CANCELLATIONS

11.1. Can you cancel your order if you have changed your mind? If you have changed your mind after placing an order, please contact our Customer Service team immediately and we will do our best to cancel your order depending on the order status. Please see the 'exclusions and exceptions' section below for details of when we will be unable to cancel your order, but please also note you can return your product once delivered in accordance with our Returns policy – please see the 'Returns' section below. Subject to these Terms, if you cancel because you have changed your mind, you will receive a refund of the price paid for the products. See 'Refunds' section below for further details.

11.2. Exclusions and exceptions. Except as provided in Section 5.2,  you may not cancel your order after it has been placed if your product is made-to-measure or monogrammed, as it is made to your specifications.

11.3. How to cancel. You can cancel your order by contacting our Customer Service team, quoting your name, email address and order number. Our team will do its best to cancel your order as soon as it can.

11.4. When will you receive your refund? Refunds are processed within approximately 7-10 business days of our receipt of your return, or within 14 days of receipt of your cancellation notice if the products have not been dispatched yet. Any refund will be issued to the original payment method used for the order. See the 'Refunds' section for more information.

12. RETURNS

12.1. Returns Period. At Turnbull & Asser, your satisfaction is paramount. With our free returns service, you can easily return most products provided you do so within 30 days from the date of delivery. Please note that if you have purchased items from us online, you should use the returns method set out below and not return items to any of our stores. If you return an online purchase to our store, we reserve the right to charge an administrative charge for processing the return for you.

12.2. Conditions of return. Please make sure you return the product unused, unworn, unwashed, and unaltered with any original tags still affixed to the product, in the same condition you received it, as well as all the packaging, accessories and documents you received with your order. Please make sure you use all original product packaging when returning any products. We may accept products returned in non-original outer packaging provided that when we receive the products, they are not damaged in any way.

12.3. Exclusions. You will not be able to return certain products, including:

· Underwear. We are unable to accept any returns for underwear where the packaging has been opened, due to hygiene reasons. If you want to return any underwear, it must be returned in a new and unused state, in their original packaging unopened; or

· Personalized products. We are unable to accept returns for any personalized products unless we have not carried out the instructions you submitted in your order. We are not responsible for any personalization requests (for instance, monogramming) you submit to us which include spelling errors, typos, or any other kind of mistake. We will personalize items in accordance with the exact instructions you give to us; or

· Made to Measure. We are unable to accept any returns for made-to-measure garments unless they are faulty. Our Customer Service team will review any such returned items and if such items are found to be faulty, we will contact you regarding correction of the relevant fault.

12.4. How to return. Products purchased in-store can only be returned at one of our stores in the same country, while online purchases should only be sent back to us following the returns process set out below. Please check the 'returns' documentation that was included in your package. If you have any questions, please contact our Customer Service team. You should then package the product up and affix the pre-paid return label which we provide to you (in the original packaging) to the package. Please remember to write your order number, followed by the letters RET (e.g., UK1234RET), on the shipping label and on all return documents and packaging.

12.5. Returning a gift. If you need to return a gift, please follow the steps set out above in this section. We suggest informing the person who gave you the gift, as the refund will be issued to the original payment method used to make the purchase.

12.6.  When will you receive your refund? See the 'Refunds' section below for details of how your money will be refunded.

13. DEFECTIVE PRODUCTS

13.1. Within 30 days of delivery of the product. If a product you have ordered from us is defective, is incorrectly described or not of satisfactory quality, you have a right to a refund or (if available) a repair. You need to tell us about any problems like this within 30 days from the day after the date of the delivery of that product to you. Once the product has been returned, it will be checked and, provided we agree that it is defective, we will contact you regarding repairs, a refund or exchange, as appropriate.

13.2. Between 30 days and 6 months after delivery of the product. If a product you have ordered from us develops a fault after 30 days of delivery that was not apparent at the time of delivery (also known as a latent or hidden defect), but less than 6 months after delivery, we will review the item and may be able offer you a repair, refund or exchange.  Normal wear and tear is not considered a latent defect.

13.3. How to return a defective product. If your product is defective, you can return your order by contacting our Customer Service team. We will then provide you with instructions on how to return the defective product. You will need to return the defective product using the instructions provided within 30 calendar days of us providing the return instructions to you.

13.4. If the product is not defective. When we receive the returned product from you, we will assess it for faults. If it is not actually defective, the product may be returned to you at our expense or, if you prefer, will be disposed of. Products will not be categorized as defective if the faults result from your failure to care for the products properly such as for problems caused by accident, neglect, storage, misuse or normal wear and tear.

13.5. Exclusions. You will not be able to return any product that is personalized (for instance, a made-too-measure shirt or a monogrammed product), or cannot be returned for hygiene reasons (for instance, any underwear which has been opened).

14. REFUNDS

14.1. How do refunds work? Refunds will be issued against the original payment method. Currently, we do not offer store credit for online purchases. If you paid with Klarna's 'Pay Later' option and returned part of your order, Klarna will automatically update your invoice once we process your refund.

14.2. Will I get a refund in full? If the product you return is used or damaged or if you have handled the product in a way which would not be acceptable in-store (for example, if the product's condition is not "as new,, price tags have been removed, the product-branded packaging is damaged or accessories are missing) we will not be able to issue you a full refund.  We will be able to offer an exchange for a value which is less than the full value of the returned item to compensate us for its reduced value. Or alternatively we will charge you for the loss of value for the returned item (and we can then issue the full refund once you have paid the relevant charge). In some cases, because of the way you have treated the product, the loss caused to us by your treatment of the returned product will not enable us to offer any exchange or refund.

14.3. When will I receive my refund? We will process your refund within 14 business days after we receive your returned product. The refund will be issued in the original payment method. Actual receipt of funds in your account may take additional time, depending on your payment provider's policies.

15.  LIMITATION OF LIABILITY

15.1. IN NO EVENT  HALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PRODUCTION, WORK, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth in this Section 15.1 shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

16. OTHER LEGAL PROVISIONS

16.1. Events outside our control. We shall have no liability to you if we cannot deliver or are delayed in delivering the products caused by any event or circumstance which is beyond our reasonable control such as, without limitation, acts of God, earthquake, explosion, governmental actions, war, invasion or hostilities, lockouts, strikes or other labor disputes (wither or not relating to our workforce), epidemics or pandemics, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, restraints or delays affecting carriers, couriers or inability or delay in obtaining supplies of suitable materials, power outage, flood, fire, explosion, illness, acts of terrorism or accident.

16.2. Even if we delay in enforcing this contract, we can still enforce it later. If we fail, at any time to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or we delay in doing so that will not mean we have waived our rights against you and will not mean you do not have to comply with those obligations.

16.3. If a court finds part of this Contract unlawful, the rest will continue in force. Each clause of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clause remain in full force and effect.

16.4. Where you provide us with data. We will only hold data you provide to us for the purposes it was given to us in the first place, for example, this may be for the personalization of goods. You must not provide us with any data or content that is harmful, derogatory, defamatory, or pornographic. We may cancel any orders which do not meet these requirements and will not be responsible to you if we do. For more details on how we collect, store, and use your data, please see our Privacy Policy.

16.5. What laws apply to these Terms? All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

17.  DISPUTE RESOLUTION AND BINDING ARBITRATION

17.1. YOU AND TURNBULL & ASSER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

17.2. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section ‎12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

17.3. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

17.4. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

17.5. In any dispute, NEITHER YOU NOR TURNBULL & ASSER WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

17.6. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

These terms were last updated on February 11, 2025

Please see our terms and conditions below which apply to our By Appointment Service for customers based in the US and North America.

1. Payment

(1.1) For first time appointments, where you require bespoke samples, we require payment in advance of 100% of the relevant product price. This payment will be taken and invoiced to you directly on our return to our 57TH Street premises.

(1.2) Where you wish to place repeat orders, we require payment in advance of 100% of the relevant product price. This payment will be taken and invoiced to you directly on our return to our 57TH Street premises.

(1.3) We will not start producing your bespoke products until we have received payment in full for the relevant order.

BY APPOINTMENT - ALL ORDERS

______________________________________________________________

2. Quality 

(2.1) If our customers are dissatisfied with the quality or fit of the ordered item(s), we ask that they bring them to one of our stores and we will, where we have inspected the goods and are satisfied (acting reasonably) that the issue has resulted from a fault on our part, repair, replace or at our option offer you a refund.    `

(2.2) Turnbull & Asser warrants that the completed garment will materially comply with the specifications indicated and agreed to on the original confirmed order form (or any confirmed amendment to the original order you can show has been provided by Turnbull & Asser to you).

3. Defects 

(3.1) In the unlikely event that a manufacturing error has occurred, Turnbull & Asser will follow our repair, replace, or refund policy as outlined above.

(3.2) Turnbull &Asser will require the customer to return the garment to us for inspection at one of our stores.

(3.3) Turnbull & Asser is not liable for defects resulting from a customer not following our garment care instructions. 

4. Weight Gain/Loss 

(4.1) Turnbull and Asser manufactures each garment according to your measurements provided by you or taken at the point of order, in addition to fittings conducted with the customer with further consideration to the customer’s feedback.

(4.2) Turnbull & Asser shall not be held liable for any fit variations on the completed garment due to ‘significant’ weight gain or loss by the customer. Turnbull & Asser reserves the right to define ‘significant’ in its reasonable discretion. 

5. Changes to order details 

(5.1) Any requests to change an order must be made within 48 hours of the order confirmation email which we will send to the email address provided by you at the point of order. Any requests to change an order outside of this period cannot be guaranteed and are at the sole discretion of Turnbull and Asser. Turnbull & Asser will, where possible, endeavor to make the desired changes.

(5.2) We will provide written confirmation of any changes to which we agree to the email address provided by you at the point of order.

(5.3) ‘Significant’ changes to order details may result in extension to the quoted lead time. Turnbull & Asser reserves the right to define ‘significant’ in its reasonable discretion. 

(5.4) In such cases where changes to order details extend the lead time, Turnbull & Asser will confirm such changes in writing to you to the email address provided by you at the point of order, and will use all reasonable endeavors to adhere to the stated new lead time. 

6. Order cancellation 

(6.1) The customer must check the order form and confirm all details are correct at the time of order.

(6.2) It is understood that a By Appointment order, once finalized and confirmed, cannot be cancelled upon the commencement of the manufacturing process. In the circumstance where the order consists of multiple garments, the start of the manufacturing process commences on the date manufacture of the first garment has commenced.

(6.3) Any agreement to cancel all or part of any order after manufacture of the first garment has commenced is at the discretion of Turnbull & Asser.

7. Returns and Refund 

(7.1) As the ordered goods are custom-made, the standard 30-day refund policy does not apply to 'By Appointment' garments. This policy does not affect your right to seek remedies for defective products. 

(7.2) Requests for returns or refunds should be made to [the Customer Services team] and must initially be supported by proof of purchase. 

(7.3) Turnbull & Asser cannot accept returns because of a change of heart on the part of the customer. Neither can Turnbull & Asser accept returns where the customer requests a change to an existing order and Turnbull & Asser cannot fulfil that change.

(7.4) In the event of a dispute between the customer and Turnbull & Asser over the details of the order, the details on the original order confirmation are taken as the final order unless written proof of agreed changes issued by Turnbull & Asser in accordance with section 5.2 above is provided by the customer. 

(7.5) Where the customer is entitled to a refund in accordance with these terms, customer Turnbull & Asser will provide a full refund (except as provided below).

(7.6) Turnbull & Asser will not refund any shipping costs in circumstances where finished goods have been shipped directly to the customer.

(7.7) Turnbull & Asser shall be solely responsible for deciding whether a product which has been returned by a customer is defective or not, but Turnbull & Asser will act reasonably in coming to such decision.

8.1 Deliveries and Lead Times 

(8.1) All orders must be paid in full prior to delivery in accordance with section 1 above.

(8.2) The customer understands and acknowledges that the time to manufacture and dispatch orders may vary depending on fabric availability. All indicated lead times are estimates only and Turnbull & Asser will endeavor to deliver order within of 4/6 weeks from the date of the order.

(8.3) Turnbull & Asser will not be responsible for delays caused by the customer or otherwise within the customer’s control. This includes but is not limited to the following: the recipient for the delivery of the order (as stated on the order) not being available to accept delivery from courier; incorrect delivery details supplied; customer being unavailable for fittings or missing appointments for fittings; inability of the customer to collect the finished garments. This applies to both our By Appointment orders and orders taken by staff based permanently in the location in which the order was placed.

(8.4) Turnbull & Asser shall not be liable for delays resulting from shipping carriers or Customs.

(8.5) Where delays have occurred as a result of shipping carriers or Customs delays, Turnbull & Asser will provide notify the customer at the email address provided at the time of order, and, upon request, will provide reasonable evidence of such delays. 

(8.6) The customer shall be responsible for all taxes and import duties for customs clearance when exporting goods outside of the territory from where the goods were manufactured. Turnbull and Asser does not accept responsibility for any tax and/or shipping duties imposed on goods exported outside the country of manufacture and levied when the relevant goods arrive with the customer after clearing customs.