General Terms & Conditions
These Terms and Conditions govern your use of the Company website, www.thresherandglenny.com (the “Company Site”) and your relationship with Thresher & Glenny Limited (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Company Site. If you have any questions on the Terms and Conditions, please contact the Company.
1 Use of the Company Site
1.1 The Company Site is provided to you for your personal use subject to these Terms and Conditions. By using the Company Site you agree to be bound by these Terms and Conditions.
2.1 We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Company Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Company Site. The changes will apply to the use of the Company Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Company Site. If you continue to use the Company Site after the date on which the change comes into effect, your use of the Company Site indicates your agreement to be bound by the new Terms and Conditions.
3.1 To register on the Company Site you must be over eighteen years of age.
3.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively. This may be done by accessing the “Update My Account” tab on the site’s homepage or by contacting your nearest branch.
4 Password and security
4.1 When you register to use the Company Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting the Company immediately.
4.2 If the Company has reason to believe that there is likely to be a breach of security or misuse of the Company Site, we may require you to change your password or we may suspend your account.
4.3 The Company will not be held liable for any products purchased from the website by a third party using a Customer’s password and account details.
5 Intellectual property
5.1 The content of the Company Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Company Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Company Site without written permission from the Company.
6 Your use of the Company Site
6.1 You may not use the Company Site for any of the following purposes:
6.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
6.1.3 interfering with any other person’s use or enjoyment of the Company Site; or
6.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
6.2 You will be responsible for our losses and costs resulting from your breach of this clause 6.
7 Availability of the Company Site
7.1 Although we aim to offer you the best service possible, we make no promise that the services at the Company Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Company Site you should report it to the Company and we will attempt to correct the fault as soon as we reasonably can.
8 Product Information
8.1 Most products offered on our website are available from our stores, however, range prices and availability may vary. Prices shown on this site apply only to products on the site and may change at any time without notice. We attempt to display all products shown on our site in an accurate manner, however, we will not be held liable for any loss suffered as a result of photographic differences in size, shape and colour or the products as a result of our customers’ equipment.
8.2 The Company reserves the right to alter product suppliers and/or specifications at any time at their own discretion and without notice to you. In the event that an alternative supplier or specification is used by the Company we will update the revised product display on the website as soon as reasonably possible
9 Contract Formation
9.1 Any agreement between the Company and any customer for the sale of goods shall be subject to these terms and conditions only and may not be overridden. The Company hereby excludes all other terms, conditions, guarantees and warranties not contained in these terms and conditions, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law.
9.2 The customer is responsible for ensuring the accuracy of the terms of any order in respect of all input material entered on the Company’s Site in respect of Ready for Service and Made to Order items. In respect of Made to Measure and Bespoke items, the Company shall be responsible for confirming all necessary sizes and measurements. The Company shall not be responsible for confirming such sizes and measurements where you have not attended at the store within a reasonable period of your last fitting, such reasonable period to be at the Company’s discretion.
9.3 Your order is an offer to buy from the Company. There will be no contract of any kind between you and us unless and until we actually formally process the manufacture or supply of the goods for you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the manufacture of the goods is commenced or ultimately supplied, a contract will be made between you and us, and you will be charged for the goods.
10 Risk and Title
10.1 Risk in the Company’s products shall pass to you upon their despatch by us. The Company accepts no liability for any loss or damage caused to the products by any carrier.
10.2 Ownership of the products will not pass to you from the Company until payment in full of all sums (including interest) due from you in respect of any of the products ordered has been received by us.
10.3 Any right of retention, set-off or compensation available to you at common law or under statute or otherwise is hereby excluded.
11.1 The prices payable for the items that you order are clearly set out on the Company Site. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you upon discovery of the error and inform you of the correct price and ask you to confirm whether or not you still wish the Company to fulfil your order at the correct price. The Company is under no obligation to fulfil an order for a product which was advertised at an incorrect price. Should the Company have fulfilled the order prior to discovery of the error, it reserves the right to take back the goods and refund you the purchase price or charge you the correct amount.
11.2 All prices are expressed inclusive of any VAT payable unless otherwise stated.
11.3 Unless a credit account has been opened, where appropriate the Company reserves the right in connection with all orders to require payment of a non-refundable deposit sum representing 50% of the total order price with any balance being payable upon delivery or collection of the goods. In the event that the balance of any sum payable to the Company has not been paid within 6 months of the original order date, the Company reserves the right to retain the initial deposit sum and dispose of the goods ordered by the Customer at its own discretion.
11.4 Please note that interest may be charged at 2% per month on accounts not settled without our terms of payment. Where payment is made by cheque, we shall not be deemed to have received payment until the cheque has cleared.
12.1 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item. Please note that we will attempt to deliver substitute lines should selected lines be unavailable unless you request us not to do so.
13 No Commercial Use
13.1 The online store is available for non-commercial use only. The Company reserves the right to refuse orders from businesses or that we consider are for commercial or other non-domestic concerns.
14.1 Delivery will be made to the address specified by you when setting up your on-line account.
14.2 We will deliver your order to the main entrance of the delivery address.
14.3 Delivery times will be agreed with you at the time of placing your order. We aim to deliver or make available for collection all orders within the time periods provided when placing your order (but do not guarantee). All goods must be signed for on delivery by an adult aged 18 years or over. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. In relation to delivery of the goods, time will not be of the essence.
14.4 Note that oversize or bulky orders may attract an additional delivery charge. You will be notified of any additional charge at the time of placing your order.
15 Returns of non-perishable items
15.1 We hope you will be happy with your purchase. However, should you feel it necessary to return an item that is not either Made to Measure or Bespoke, you may cancel the contract for its purchase by contacting the Company within seven working days of delivery of the items to you. You should then return the relevant item to us in secure packaging to the Company’s address
15.2 You will be responsible for the cost of returning any item to us unless the item is defective or we have delivered the item to you in error or as a substitute. The item should be returned to us in its original condition. If we do not receive the item back from you we may arrange for collection of the item from you at your cost.
15.3 When we receive notice of cancellation of your contract for any item, we will refund the price paid by you for that item or at your request if the item is defective will repair the item or supply you with a replacement item. We will not refund the delivery charge for sending the item to you unless you are returning an entire order.
16 Cancellation and changes prior to delivery
16.1 Except as may otherwise be permitted by applicable law, you may not cancel or amend an order which the Company has accepted without the agreement of the Company in writing.
17 The Company’s right to suspend or cancel your registration
17.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
17.2 You can cancel your registration at any time by informing us in writing. If you do so, you must stop using the Company Site.
17.3 The suspension or cancellation of your registration and your right to use the Company Site shall not affect either party’s statutory rights or liabilities.
18 The Company’s liability
18.1 The Company Site provides content from other Internet sites or resources and while the Company tries to ensure that material included on the Company Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
18.2 If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Company Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
18.3 This clause 18 shall not limit or affect our liability resulting from any products sold through the Company Site being found to be unsafe or if something we do negligently causes death or personal injury.
19 Third Party Websites
19.1 As a convenience to customers, the Company Site includes links to other web sites or material which are beyond its control. The Company is not responsible for content on any site outside the Company Site.
20 Advertising and Sponsorship
20.1 Part of the Company Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
21 Applicable Law
21.1 These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
22.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
22.2 If you breach these Terms and Conditions and the Company chooses to ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
22.3 The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
22.4 The Company Site is owned and operated by:
Company Registration No. 06626351, VAT No. 815 4014 62
Last update: 12th January 2012