Terms & Conditions
1. Interpretation
In these Conditions:
"Agreement" means the agreement for the supply and acquisition of Gifts;
"Thomas Lyte " means Thomas Lyte Ltd of Building 9, Hurlingham Business Park, Sulivan Road, London SW6 3DU;
"Thomas Lyte Brand" means any logo or proprietorial mark owned by either Thomas Lyte Ltd or Thomas Lyte Ltd;
"Thomas Lyte IPRs" means any Intellectual Property Rights developed, created, written or prepared by Thomas Lyte ;
"Client" means the recipient of the Services described in the Letter;
"Client IPRs" means any Intellectual Property Rights owned by the Client, or produced by Thomas Lyte for the Client in connection with this Agreement;
"Conditions" means the standard terms, conditions and warranties ("terms and conditions") of service set out in this document and (unless the context otherwise requires) any Orders under this Agreement;
"Fee" means the charge for the Gifts as set out in the applicable Order Form;
"Gift(s)" means any goods sold by Thomas Lyte under this Agreement;
"Gift-wrapping" means the wrapping of Gifts in Thomas Lyte -branded gift boxes.
"Intellectual Property Rights" includes any copyright, design right, registered design or other rights of a similar nature, any patent or invention, and any trade or service marks;
"Letter" means Thomas Lyte 's letter to which these Conditions are annexed;
"Order(s)" means a confirmed agreement for the supply of specified Gifts.
"Order Confirmation" means the document in which the Client's Gift requirements and the terms of delivery and payment are contained;
"Personalising" means individualising a Client's Gifts by engraving, etching or embossing with a logo and/or copy, or creating unique packaging for the Client.
2. Placing an Order
Upon receiving a gift request, Thomas Lyte will refer to its stock level and delivery schedule, and will, if it is capable of doing so, accept the request, and require an Order Confirmation from the Client. The Client must inspect, and confirm their acceptance to this. The Order will be confirmed when Thomas Lyte receives the Order Confirmation from the client, authorized either electronically or by signature.
3. Altering an Order
(a) It is understood that Thomas Lyte will prepare each Order in reliance upon the information contained in the Order Confirmation. Should the Client subsequently wish to change its order, Thomas Lyte will endeavour to amend the Order to take this into account, and, if possible, will not charge for the alteration to the Order.
(b) Should the Client wish to amend its Order, and it is not possible to do so without the incurrence of extra costs, Thomas Lyte shall be entitled to adjust the Fee to take into account any change made to an Order (unless the Client decides to forego the change, in which case the original Fee will apply). Examples of situations where further costs will be unavoidable include, without limitation, where Gifts have been Personalised and the Client subsequently wishes to alter either the Personalising or the choice of Gift; or where Gifts have been Gift-wrapped and the Client wishes to amend its Order in a way that requires the gifts to be opened, and Gift-wrapped again.
(c) Should the Client wish to amend its Order and it is not possible for Thomas Lyte to accommodate the change for any reason, Thomas Lyte will, subject to clause 4 below, supply the Client's original Order.
4. Cancelling an Order
(a) In the case of an Order for Gifts that have not been personalised, cancellations are accepted if confirmed in writing within 48 hours of placing the order. The client may also cancel during the seven days following delivery provided that the Gifts are returned in a merchantable condition. The Client will (if applicable) become liable for the costs involved in Gift-wrapping each Gift, and (if applicable) the original cost of delivery of the Order.
(b) In the case of an Order for Personalised Gifts, the Client may cancel its order if confirmed in writing within 48 hours of placing the order provided this is prior to personalising. Following the Personalising of Gifts, however, the Client may not cancel its Order. Once the Client has signed off the artwork and/or copy (either in writing, electronically or verbally) , Thomas Lyte is not responsible for informing the Client when Personalising will take place.
(c) Unfortunately, cancellation of any confirmed order will result in a cancellation charge of 25% of the total order value in the event that preparation work has already commenced, and 100% if personalising has already occurred.
(d) Notwithstanding the above, in the case of any Order or part of an Order for Gifts not in stock, which are ordered by Thomas Lyte specifically for the Client, the Client may not cancel the Order once the Gifts have been ordered by Thomas Lyte.
5. Fees
(a) The Client shall pay Thomas Lyte for the Fee of the Gifts, which shall comprise the cost of the Gifts and any Personalising.
(b) In addition the Client shall pay for delivery, which shall be charged at cost plus a mark-up to cover administrative expenditure.
(c) Gift-wrapping will be provided free of charge, except where the Client commissions customised packaging for its Gifts (in which case Gift-wrapping shall be considered to be Personalising), or where the client returns Gifts.
(d) If the Client asks Thomas Lyte to purchase goods or commission services from a third party where the cost is likely to be substantial, Thomas Lyte will be entitled to require that all or some of that third party expense is paid in advance by the Client before confirming the purchase or commission.
6. Invoices
(a) The Fees, all Expenses and all other sums payable under this Agreement are exclusive of value added tax (VAT) or other applicable sales tax which shall be payable at the prevailing rate.
(b) Where any sum payable by the Client under this Agreement is to be paid in a currency other than pounds sterling the sum in question will be converted into the currency of payment by reference to the relevant exchange rate as set out by the Financial Times on the day the invoice is sent.
(c) For web orders unless stated differently, payment for the Fee and delivery will be taken at the point of Order Confirmation. Invoices / receipts will be issued once the Gifts have been dispatched.
(d) For others orders you can pay us by company cheque, BACS, or credit/debit card (Visa, Mastercard, and American Express). Unfortunately, we must ask that payments under £150.00 are settled by credit/debit card only. Our settlement terms for invoiced items are 30 days from the date of the invoice . A full set of our terms and conditions are available on request.
(e) Without prejudice to Thomas Lyte 's other rights and remedies, interest at the rate of 6% (six per cent) per annum above the base rate of National Westminster Bank plc from time to time may be charged on any overdue amount from the due date until the date payment is received.
(f) Ownership of Gifts shall remain with Thomas Lyte until the Fee in respect of those Gifts has been paid.
7. Term
This Agreement shall continue until terminated in accordance with the provisions of clause 13.
8. The Client's Obligations
(a) The Client will provide at its own expense information that Thomas Lyte shall reasonably require to provide the Services.
(b) The Client shall be responsible for signing-off any artwork and/or copy prior to the Personalising of Gifts.
(c) The Client will indemnify Thomas Lyte against all damages, losses, expenses or liability (including reasonable legal fees and costs) incurred by Thomas Lyte as a result of, or in connection with, the correct use of any copy or logos supplied by the Client or its agents.
9. Thomas Lyte 's obligations
(a) Thomas Lyte will use its best endeavours to complete the Client's Order on time.
(b) Once the Order is confirmed, Thomas Lyte will obtain the Client's written approval prior to to Personalising any Gifts either in writing, electronically or verbally.
(c) If Thomas Lyte incorrectly deviates from approved artwork or copy, Thomas Lyte will, subject to stock levels, redo the affected part of the Client's Order at no extra charge, and will pay any excess on the delivery charge caused by having to use an expedited delivery service. If Thomas Lyte cannot supply the same Gifts owing to depleted stock levels, it will offer the Client the choice of choosing alternative Gifts of equal value, or cancelling the Order.
(d) If Thomas Lyte supplies incorrect Gifts to the Client, it will, subject to stock levels, rectify the mistake at no extra charge to the Client.
10. Client and third-party errors
Thomas Lyte cannot be held responsible for:
(a) Errors caused by false or ambiguous information supplied by the Client;
(b) Errors or delays caused by Personalising services, provided that Thomas Lyte has supplied correct and timely information to such;
(c) Delays caused by couriers or the postal service, provided that Thomas Lyte has correctly addressed the Client's Gifts.
11. Copyright and Other Intellectual Property Rights
(a) Ownership of all Client IPRs shall remain solely with the Client at all times. Upon placing an Order the Client grants to Thomas Lyte a non-exclusive, worldwide, royalty-free licence to use the Client IPRs for the purpose of supplying Gifts.
(b) Thomas Lyte will use its best endeavours to protect Client IPRs at all times. It shall not disseminate them to any third parties, save where necessary for the completion of a Client's Order.
(c) The Client grants to Thomas Lyte a revocable, non-exclusive, worldwide, royalty-free licence to use Client IPRs for use in its sales and marketing materials.
(d) The Client will not own any Intellectual Property Rights developed, written or prepared by a third party and licensed to Thomas Lyte .
(e) The Client will not acquire any ownership or licence over the Thomas Lyte Brand, or any Thomas Lyte IPRs. It may not repackage the Gifts, alter them in any way other than with Thomas Lyte 's written approval, or use the Thomas Lyte Brand in any context without Thomas Lyte 's written approval.
12. Liability
(a) Thomas Lyte 's maximum liability shall be limited to the actual cost of the Gifts.
(b) In no circumstances shall Thomas Lyte be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, for any loss of profit, business, contracts, revenues or anticipated savings; or for any special, indirect, incidental or consequential damage of any nature whatsoever.
13. Termination
(a) Notice of termination of this Agreement may be given by either party at any time. Upon either party providing notice, Thomas Lyte will, subject to Clause 4, complete any Orders then in existence, following which this Agreement will terminate.
(b) On termination for whatever reason, the Client will be responsible for all Fees incurred up to the date when termination takes effect.
(c) Either party may at any time terminate this Agreement (without limiting any other remedy) with immediate effect by giving written notice of its election to do so to the other party, should the other party:
(i) have an Administrator or Receiver appointed over the whole or any part of its assets or any order made or resolution passed for its administration or winding up (unless as part of a reconstruction or amalgamation) or compounds with or convenes a meeting of its creditors or suffers anything analogous to any of the foregoing under the law of any jurisdiction; or
(ii) materially breach any provision of this Agreement and fail to remedy such breach within 30 days after receipt of notice detailing the breach.
14. Notices
Any notice to be given under this Agreement will be in writing and sent to the registered or usual business address of the appropriate party or to such other address as such party may have specified by prior written notice to the other party. Such notice shall be deemed given upon personal delivery; when sent by confirmed facsimile; on the next working day following posting by special delivery; or 3 (three) days after posting if sent by ordinary first class post.
15. Failures, Delay
Notwithstanding clause 10, neither party will be liable for its failure or delay in performance of its obligations under this Agreement due to any circumstances beyond its reasonable control (including, without limitation, any form of industrial action).
16. Assignment
Save as provided herein, this Agreement cannot be assigned by either party without the prior written agreement of the other party.
17. Waiver
Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.
18. Offer of Employment
Each party hereby agrees not to induce any employee of the other to leave the other's employment or contract for services of any kind to such persons at any time during the period of this Agreement or within 12 (twelve) months after its termination howsoever arising. Should either party recruit a member of staff from the other party, the recruiting party shall pay to the other party the cost of recruiting a replacement of the same level.
19. Severability
If any provision of this Agreement is declared by any judicial or other competent authority to be unenforceable the remaining provisions of this Agreement shall remain in full force and effect.
20. Entire Agreement
(a) These Conditions together with the Letter and any Orders constitute the entire Agreement between Thomas Lyte and the Client with respect to the Services and supersede all previous oral or written undertakings and agreements which may have subsisted. All other terms and conditions, express or implied, by statute or otherwise are excluded to the fullest extent permitted by law. Where there is a conflict between the terms of this Agreement and the terms of a Order Form, the terms of the Order Form shall prevail. Additions to or modifications of this Agreement will only be effective if in writing and signed by a duly authorised representative of the parties.
(b) Thomas Lyte shall, if requested by the Client, endeavour to quote any purchase order number provided by the Client on its invoices. However the absence of such does not affect the Client's obligation to pay sums due under this Agreement. Any terms and conditions contained in any purchase order are specifically excluded from this Agreement.
21. Rights of Third Parties
For the avoidance of doubt nothing in this Agreement shall confer on any third party any benefit or the right to enforce any term of this Agreement.
22. Authority
The Client warrants that the person signing this Agreement on its behalf is duly authorised to do so.
23. Privacy and Security Statement
We do not lease, sell or trade any private or corporate lists of our customers. Personal and company details are collected solely for the use of providing our Gifts and we work in full accordance with data protection legislation.
Card payments through the Thomas Lyte site are made through our secure server. Encryption technology is used which converts your data into code so it cannot be read except by the secure server. Authentication ensures that data is sent to the correct secure server and data integrity ensures it is sent accurately.
24. Governing Law
This Agreement will be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Privacy Policy
This privacy policy sets out how Thomas Lyte uses and protects any information that you give Thomas Lyte when you use this website.
Thomas Lyte is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thomas Lyte may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from [date].
What we collect
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
- We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email address]
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to [address].
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Accessibility
This website has been designed to be accessible to as many people as possible. If you have difficulty using our site please let us know and we will do our best to rectify this in future maintenance and development.
- All pages on this site comply with all priority 1, 2, and 3 guidelines of the W3C Web Content Accessibility Guidelines.
- All pages on this site validate as XHTML 1.0 Transitional.
- This site is built using structured semantic markup.
H2tags are used for main titles to aid users of screen reading software such as JAWS. For example, on this page, JAWS users can skip to the next section within the accessibility statement by pressing ALT+INSERT+2.
Navigation aids
- All pages have been authored to include Link Relationships to aid navigation in text-only browsers such as Lynx and graphical browsers that support this feature.
- This site has been coded to ensure a logical tab order through links and form elements. Keyboard navigation is possible via the TAB KEY on your keyboard. Alternatively Opera users can use the A KEY to navigate links and the TAB KEY to navigate form elements.
- A Skip Navigation link has been provided to allow users of text-only browsers and screen readers to bypass the site navigation to quickly access its content.
Visual design
- Cascading Style Sheets (CSS) are used to control visual layout throughout this site.
- This site uses only relative font sizes, compatible with the user-specified ’text size’ option in visual browsers.To display web page ext larger or smaller go to the ’View’ menu in your browser, point to Text Size, and then click the size you want (this may differ depending on browser vendor).
- If your browser or browsing device does not support Cascading Style Sheets, the content of this site will still be readable and usable.
Delivery
We can deliver the gifts to any single or multiple destination of your choice. Please speak to your account manager who will be able to provide you with quotes and lead times for the appropriate methods of shipment.
Returns and Exchanges
We hope that you will be delighted with your new Thomas Lyte purchase. If however you would like to return it for any reason please contact us within 7 days of receiving your order to obtain a ’Returns Reference Number’ (RRN). Postage for returns is free of charge within the UK, details of this will be supplied to you with your RRN.
We regret that we are unable to exchange or refund any orders including personalisation. Any issues regarding personalised items must be noted in writing within 30 days of delivery or they will not be considered.
All items returned should be returned in their original condition. Any bespoke items made to order are also non-returnable. This policy does not affect your statutory rights.
To obtain your RRN please email returns@thomaslyte.com
On receiving your RRN please follow the returns instructions carefully. We ask that all items returned, from within the UK and overseas are returned to us within 14 days of issuing the RRN.
Any items returned outside the allocated time frame are accepted at the discretion of Thomas Lyte and will only be eligible for a credit note. Please be aware that international customs duties and sales taxes are NOT refunded for shipments outside the European Community (EU).
Returns Process
1. In the event you wish to return an item, please contact us to obtain your Returns Reference Number (RRN) by emailing us at returns@thomaslyte.com or calling us on +44 (0) 207 751 8844 within 7 days of receiving your order.
2. Multiple returns from the same order should be returned in one shipment. Any shipping costs resulting from subsequent returns from the same order will be passed onto the customer.
3. All items must be returned intact, unused and in their original condition.
4. Thomas Lyte will supply you with a pre-paid postage label and Returns Form, please complete this carefully, ensuring you have provided all the required information, and enclose with the returned item.
5. Please place the item in its original packaging and return in a carefully sealed outer carton.
Exchanges
Purchases can be exchanged for an alternative item, simply specify the item you wish to exchange it for at the time of requesting your RRN and follow the instructions above. We will process the exchange when we receive the returned item and the new item will be despatched. If the prices of the exchanged items differ we will notify you of the action required
Gift returns
We regret that all returns and exchanges on gift items will need to be made directly by the original purchaser. Please follow the Returns procedure as detailed above.
Requesting a refund
Refunds will either be credited to the original purchaser’s credit card, or will be issued in the form of a credit note to be spent at Thomas Lyte and valid for 1 year. The value of a credit note or refund will exclude any shipping costs (with the exception of faulty items) which we deduct to cover the cost of our collection service.
Customs duties and sales taxes on orders sent outside the EU are non-refundable through Thomas Lyte. However, you may be able to recover these by contacting your local customs bureau directly.
Secure Shopping
Shopping with Thomas Lyte online is completely safe and secure. We use a Thawte SSL encryption certificate that ensures the information sent between your computer and our server is kept private.
For more information on our certificate, please click on the Thawte certificate logo.
Thomas Lyte also uses Sage Pay payment service provider. Sage pay is a fully approved Level 1 payment services provider, which is the highest level of compliance. All transaction information passed between Thomas Lyte and Sage Pay’s systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to your servers from Sage Pay are signed using MD5 hashing to prevent tampering. Unlike a traditional store, no human ever comes into contact with your credit card details. You can be completely assured that nothing you pass to Sage Pay’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
For more information on Sage Pay’s Security Policy please click on the Sage Pay Logo
