This page, together with the documents referred to on it, contains the terms and conditions on which we supply any of the products (Products) listed on our website, www.thomaslyte.com (our website), to you. Please read these terms and conditions carefully before ordering any Products from our website. Please also understand that by ordering any Products, you agree to be bound by these terms and conditions.
1. Information about us
www.thomaslyte.com is a website operated by The Phoenix Luxury Co. Ltd, trading as Thomas Lyte (we or us). We are a limited company registered in England and Wales under company number 03031260 and with our registered office at 9 Hurlingham Business Park, Sulivan Road, London SW6 3DU. Our main trading address is at our registered office. Our VAT number is GB654052551.
2. Service availability
Our website is intended for use only by people resident in the Serviced Countries, which are as follows: Australia, Austria, Bahrain, Belgium, Bermuda, Brazil, Canada, Channel Islands, China, Denmark, Finland, France, Germany, Greece, Gibraltar, Hong Kong, Iceland, India, Ireland, Israel, Italy, Japan, Jordan, Luxembourg, South Korea, Kuwait, Macau, Mexico, Monaco, Netherlands, New Zealand, Norway, Portugal, Russia, Saudi Arabia, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, Turkey, United Arab Emirates, United Kingdom, United States.
We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries.
3. Your status
By placing an order through our website, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are a consumer;
(d) You are resident in one of the Serviced Countries; and
(e) You are accessing our website from that country.
4. How the contract is formed between you and us
4.1. After you place an order, we will send you an e-mail acknowledging its receipt. This does not mean that your order has been accepted at this stage. Your order constitutes an offer to us. It is subject to acceptance by us, which will take place when we send you an e-mail confirming dispatch of the Product(s) (the Dispatch Confirmation). The contract between us (Contract) will be formed only when we send you the Dispatch Confirmation.
4.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order, until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Consumer rights
5.1. As you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received your Product(s). In such case, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy (set out in clause 9).
5.2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition as that in which you received them, along with the original packaging and any packaging that we send to you for the purpose of return, at your own cost and risk. You have a legal obligation to take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3. You will not have a right to cancel a Contract for the supply of any of the following Products, except where they are defective:
Products that have been correctly personalised as part of an order.
Bespoke Products commissioned as part of an order.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Risk and title
7.1. The Product(s) will be at your risk from the time of delivery. In the case of Products returned to us, they will remain at your risk until we receive them back.
7.2. Ownership of the Product(s) will pass to you only when we receive full payment of all sums due in respect of the Product(s), including delivery charges.
8. Price and payment
8.1. The price of any Products will be as quoted on our website from time to time, except in cases of obvious error.
8.2. These prices include VAT but exclude delivery costs, which will be added to the total amount due, as set out in our Delivery & Returns Guide [BELOW].
8.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4. Our website contains a large number of Products and it is always possible that, despite our best efforts, some Products listed on our website are incorrectly priced. We will normally verify prices as part of our dispatch procedures. Where a Product's correct price is lower than that stated on our website, we will charge you the lower amount. If a Product's correct price is higher than that stated on our website, we will, at our discretion, either contact you for instructions before dispatch or reject your order and notify you of such rejection.
8.5. We are under no obligation to provide a Product to you at an incorrect lower price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as mispricing.
8.6. Payment for Products must be by credit or debit card. We accept payment with AMEX, Visa, Delta, MasterCard, JCB and Maestro. We will not charge your credit or debit card until we dispatch your order.
9. Our refunds policy
9.1. The following shall apply to refunds:
(a) when you return a Product because you have cancelled a Contract within the seven-day cooling-off period (see clause 5.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the date on which you give notice of cancellation. In such cases, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
(b) when you return a Product to us for any other reason (for instance, because you claim that the Product is defective, or because have notified us in accordance with clause 19 that you do not agree to any change to these terms and conditions or to any of our policies), we will examine the returned Product and will notify you by e-mail of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the date on which we confirmed to you by e-mail that you were entitled to a refund. Products returned by you because of a defect will be refunded in full, including the cost of sending the item to you and the cost of returning the item to us.
9.2. We will usually refund money received from you using the same method originally used by you to pay for your purchase.
9.3. If you wish to return any Product(s) under this agreement, please contact us at email@example.com or by calling +44 20 7751 8844. You will be given a returns reference number (RRN) and a pre-paid postage label and returns form, which you must complete. You must return the Product(s) to us in a timely manner (and in a single shipment, where more than one Product is being returned), in its original gift packaging.
9.4. If, instead of a refund, you would prefer to exchange the Products(s) for one or more of our other Products, please notify us of your preferred Product(s) at the time you notify us of your intention to return. Your replacement Product(s) will be sent to you, and any difference in the price will be either charged or refunded to you.
10. Our liability
10.1. We warrant to you that any Product purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted.
10.3. This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter in respect of which it would be illegal to exclude, or attempt to exclude, our liability.
10.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or for any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.4.
11. Import duty
11.1. If you order Products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written communications
Applicable laws require that some of the information or communications we send to you be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Phoenix Luxury Co. Ltd at 9 Hurlingham Business Park, Sulivan Road, London SW6 3DU or at firstname.lastname@example.org. We may give notice to you either at the e-mail address or at the postal address you provide to us when placing an order, or in any of the ways specified in clause 12. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, three days after the date of posting of a letter to an address in the UK, five days after the date of posting of a letter to an address anywhere else in Europe, and ten days after the date posting of a letter to an address anywhere else in the world. In proving the service of any notice, it will be sufficient to show, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of rights and obligations
14.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our written consent.
14.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside our control
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract caused by events outside our reasonable control (Force Majeure Event).
15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or of any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2. Each party acknowledges that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied in anything said or written in negotiations between us prior to such Contract, except as expressly stated in these terms and conditions.
18.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. Our right to vary these terms and conditions
19.1. We have the right to revise and amend these terms and conditions from time to time to reflect, without limitation, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2. You will be subject to the policies and terms and conditions in force at the time that you order Products, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case such change will apply to orders previously placed by you), or if we notify you of the change to the policies or these terms and conditions before we send you the Dispatch Confirmation (in which case – and unless you notify us to the contrary within seven working days of receipt by you of the Product(s) – we have the right to assume that you have accepted the change to the terms and conditions).
20. Third party rights
No person who is not a party to these terms and conditions or an order shall have any rights under the Contracts (Rights of Third Parties) Act 1999.
21. Law and jurisdiction
Contracts for the purchase of Products and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
22. Special Offers and Promotions
From time to time we will present special offers and promotions on our site or via our newsletter and email campaigns. These offers do have specific terms and conditions attached to them that may vary from our general terms and conditions. These conditions will be specified in each communication about the offer or promotion. Where there is an overlap between the specific T&C's of the offer in question and our general T&C's, the specific T&C's of the offer take precedence. Should you have any queries about a special offer or promotion, please do not hesitate to contact the customer support team at any time on email@example.com or 0207 751 8844.
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. H2 tags 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.
- 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.
- 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.
The following delivery options are available:
Standard UK delivery, 3-5 working days: £3-5
Express UK delivery, 1- 2 working days: £10
Europe and Ireland delivery, 3-10 working days: £20
USA and Canada, 3-10 working days: £25
Rest of World delivery, 3-10 working days: £30
Please note a signature will be required upon delivery. For guaranteed next working day delivery, orders must be placed before 12.00 noon on the previous working day.
The prices shown reflect our standard delivery charges, however, Thomas Lyte reserves the right to quote customers separately for delivery of large or heavy shipments.
Please allow an additional 5-7 working days for delivery of all orders requiring personalisation.
Thomas Lyte will pass on any duties and/or administration charges that may be incurred on overseas deliveries to the customer. These costs are beyond our control and will be charged to the customer post delivery.
Delivery times are given for general guidance only. Whilst we aim to deliver your goods as quickly as possible, we regret Thomas Lyte cannot be held responsible for late deliveries caused by circumstances beyond our reasonable control.
Thomas Lyte will pass onto the customer any courier charges incurred through both delayed and failed delivery attempts.
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 at firstname.lastname@example.org or call us on +44 (0) 207 751 8844 within 7 days of receiving your order and we will send you a pre-paid postage label. Please place the item in its original packaging and return in a carefully sealed outer carton.
We regret that we are unable to exchange or refund any personalised orders. Any issues regarding personalised items must be noted in writing within 30 days of delivery or they will not be considered.
All items should be returned in their original, unused condition. Any bespoke items are also non-returnable. This policy does not affect your statutory rights.
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.
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).
Purchases can be exchanged for an alternative item, simply specify the item you wish to exchange it for at the time of requesting your pre-paid postage label 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
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.
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.
ABOUT SSL CERTIFICATES
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