ON-LINE SHOPPING
We have taken great care in presenting the products on our website as accurately as possible. However, the images you see will depend on your monitor`s display and colour capabilities. We are therefore unable to guarantee that the product images you see are a completely accurate representation of the actual merchandise. Before you place an order you should read the following: Terms & Conditions, Delivery Information and Returns Policy. These pages form part of these terms and conditions and contain important information about your order. By submitting an order to us through our website, 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 made in full. We reserve the right to cancel any order placed on our website - in this instance you will be refunded in full and given notification. Unwanted goods may be returned for a refund or exchange if returned in their original condition within 30 days after receipt and with proof of purchase. Goods must not have been worn (other than for the purpose of checking size) or washed. For hygiene reasons, boxer shorts may only be returned if unused and unopened in their original packaging. These exclusions do not affect your statutory rights. Refunds will only be made against the PayPal account, Credit or Debit Card used in the original purchase of the goods. An email will be sent to confirm the refund has been processed. Please allow up to 5 working days for the refund to be visible in reach your account. If the Billing details for your order are the same as your Delivery address details, by placing an order on the website 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.
Visitors under the age of 16 should not register with this website or submit any information to us.
THE WEBSITE
We may change the Turnbull & Asser Ltd website and correct or update information (including product information) on it at any time without notice. Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website. We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. Accessing the website is entirely at your own risk. You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
LIABILITY AND INDEMNITY
We do not exclude or limit our liability or the liability of any other person for death or personal injury resulting from our or their negligence or for fraudulent misrepresentation. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us). You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
JURISDICTION
The website is controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place in our website are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or any order you place on the website.
GENERAL
We may change these Terms and Conditions at any time. If any of these terms and conditions are invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.
By Appointment
1. Payment
(1.1) For first time appointments, bespoke samples, a payment of a 50% deposit for total goods ordered including relevant taxes shall be made upon the date of order. (1.2) Production of the order will not commence until such date as a 50% deposit has been paid. (1.3) Payment of the remaining 50% balance for goods completed including taxes shall be made upon collection or prior to delivery (where collection is not possible) (1.4) For payment for repeat orders 100% payment is required. (1.5) Production of the order will not commence until such date as the total goods ordered has been paid.
2. Quality
(2.1) If the client is dissatisfied with the quality or fit of the ordered item(s) Turnbull and Asser will, after inspection of the goods, follow a policy of repair or replace and finally refund. (2.2) Turnbull and Asser LLC warrants that the completed garment will correspond with the description indicated and agreed on the confirmed order form unless written confirmation of change to original order can be provided by the client.
3. Defects
(3.1) In the unlikely event that a manufacturing error has occurred, Turnbull and Asser LLC will follow our repair, replace, or refund policy as outlined. (3.2) Turnbull and Asser LLC will require the client to return the garment to us for inspection. (3.3) Turnbull and Asser LLC is not liable for defects resulting from a customer not following our care instructions.
4. Weight Gain/Loss
(4.1) Turnbull and Asser manufactures each garment according to measurements taken at the point of order, in addition to fittings conducted with the client with further consideration to the customer’s feedback. (4.2) Turnbull and Asser LLC shall not be held liable for any fit variations on the completed garment due to ‘significant’ weight gain or loss by the client. Turnbull and Asser LLC reserves the right to define ‘significant.’
5. Changes to order details
(5.1) Any requests to change an order must be made within 48 hours of the order confirmation email. Any requests to change an order outside of this period cannot be guaranteed and are at the discretion of Turnbull and Asser. Turnbull and Asser LLC will, where possible, endeavour to make the desired changes. (5.2) Any changes to the order agreed upon at the time of fitting shall be confirmed in writing at this point. (5.3) ‘Significant’ changes to order details may result in extension to the quoted lead time. Turnbull and Asser LLC reserves the right to define ‘significant.’ (5.4) In such cases where changes to order details extend the lead time Turnbull and Asser LLC will confirm and adhere to a new lead time, confirmed in writing with the client.
6. Order cancellation
(6.1) The client 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 finalised 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 with the first garment. (6.3) Any agreement to cancel is at the discretion of Turnbull and Asser LLC.
7. Returns and Refund
(7.1) As the ordered goods are custom-made the standard 28-day refund policy does not apply. This does not affect your statutory rights and does not apply to faulty goods. (7.2) Requests for returns or refunds must initially be supported by proof of purchase. (7.3) Turnbull and Asser LLC cannot accept returns because of a change of heart on the part of the client. Neither can Turnbull and Asser LLC accept returns where the client requests a change to an existing order and Turnbull and Asser LLC cannot fulfil that change. (7.4) In the event of a dispute between the client and Turnbull and Asser LLC 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 as per 8.2 can be provided. (7.5) In the case of refund, the client will be eligible for a full refund. (7.6) Turnbull and Asser LLC will not refund any shipping costs in circumstances where finished goods have been shipped directly to the client. (7.7) Turnbull and Asser LLC retains full discretion as to whether a product is deemed faulty or not.
8.1 Deliveries and Lead Times
(8.1) All orders must be paid in full prior to delivery. (8.2) It is understood that the turnaround and dispatch of orders may vary depending on fabric availability. All indicated lead times are estimated and Turnbull and Asser LLC will endeavour to meet as close as possible the lead time for completion-of-order of 4/6 weeks. (8.3) Turnbull and Asser LLC will not be responsible for delays resulting from situations within the client’s control. This includes but is not limited to the following: recipient not being available to accept delivery from courier, incorrect delivery details supplied, client unavailability for fittings, client unavailability to collect finished garment. (8.4) Turnbull and Asser LLC will not be responsible for delays resulting from courier companies or Customs. (8.5) In such case where delays have occurred and extended the lead time due to courier companies or Customs delays Turnbull and Asser LLC will provide proof of this, upon request, to the client. (8.6) It is also understood that Turnbull and Asser will not be responsible for delays due to client unavailability for fittings and/or to collect 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. (8.7) Tax and import duties for customs clearance are paid for by the customer when exporting goods outside of the U.K. Turnbull and Asser does not accept responsibility for relevant tax and shipping duties incurred when goods arrive after clearing customs.