Charles Tyrwhitt Messaging Terms & Conditions

Please read these Terms carefully. By signing up for one or more text message programs (“Programs”), or by submitting your telephone number or otherwise agreeing to receive text messages from or on behalf of Charles Tyrwhitt, you agree to be bound by these Terms, and any other applicable terms related to your use of Charles Tyrwhitt’s services.

PLEASE NOTE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION, BELOW.

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (e.g. cart reminders) from Charles Tyrwhitt, including text messages which may utilize or be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), AI-assisted technology and/or any other type of systems, softwares, hardwares, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, at the mobile telephone number associated with your opt-in or any other number that you designate, at any and all hours of the day.

You may opt out of these communications at any time, and your consent to receive marketing text messages is not required and is not a condition to purchase any goods or services.

You agree that you consent to receive such messages regardless of any state or federal time of day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Charles Tyrwhitt reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Charles Tyrwhitt also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices, handsets, or carriers may be supported and our messages may not be deliverable in all areas. Messages may not be deliverable if you add digits or symbols to our phone number. Charles Tyrwhitt, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Charles Tyrwhitt Terms of Use and Charles Tyrwhitt Privacy Policy. We may share certain information with our service providers, as described in our Privacy Policy.

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT keyword commands and agree that Charles Tyrwhitt and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Charles Tyrwhitt through any other programs you have joined until you separately unsubscribe from those programs.

Duty to Notify and Indemnify

If at any time, you intend to stop using the mobile telephone number that you have used to opt-in, including but not limited to, canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms.

YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD CHARLES TYRWHITT HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY CHARLES TYRWHITT OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227) ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, AND ANY STATE OR FEDERAL EQUIVALENT LAW OR REGULATION THAT CONTAINS PROHIBITIONS ON THE SENDING OF TEXT MESSAGES, AND ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, RESULTING FROM CHARLES TYRWHITT ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Help

Text the keyword HELP to our shortcode to return customer care contact information for messaging support.

Customer Care

If you require messaging support, please visit Help Centre, and submit the form with details about your problem or your request for support, or Click here to contact us. You may also call our customer service number at +1-866-797-2701.

Contact

This message program is a service of Charles Tyrwhitt, located at 360 Lexington Ave Floor 24, New York, New York 10017. You may also email us at info@ctshirts.co.uk and call our customer service number at +1-866-797-2701.

Dispute Resolution

• a. General. In the interest of resolving disputes between you and Charles Tyrwhitt in the most expedient and cost effective manner, you and Charles Tyrwhitt agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Charles Tyrwhitt or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Charles Tyrwhitt or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND CHARLES TYRWHITT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
• b. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Charles Tyrwhitt to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
• c. Arbitrator. Any arbitration between you and Charles Tyrwhitt will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Charles Tyrwhitt. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
• d. Notice; Process. If you or Charles Tyrwhitt intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Charles Tyrwhitt address for Notice is: 360 Lexington Ave Floor 24, New York, New York 10017, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Charles Tyrwhitt will make good faith efforts to resolve the claim directly, but if you and Charles Tyrwhitt do not reach an agreement to do so within 30 days after the Notice is received, you or Charles Tyrwhitt may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Charles Tyrwhitt must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
• e. Fees. If you commence arbitration in accordance with these Messaging Terms, Charles Tyrwhitt will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Charles Tyrwhitt for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Charles Tyrwhitt agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Charles Tyrwhitt made within 14 days of the arbitrator's ruling on the merits.
• f. No Class Actions. YOU AND CHARLES TYRWHITT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Charles Tyrwhitt agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
• g. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Charles Tyrwhitt makes any future change to this arbitration provision, other than a change to Charles Tyrwhitt address for Notice, you may reject the change by sending us written notice within 30 days of the change to Charles Tyrwhitt address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Charles Tyrwhitt.
• h. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.