TERMS & CONDITIONS

Please be sure to read, and make sure you understand, the Terms and Conditions prior to using the Platforms, or placing an Order with Thomas Wolski. By using our Platforms (for example www.thomaswolski.com or the Thomas Wolski app), you agree to be bound by the Terms and Conditions.

Definition

The following definitions shall apply to these Terms & Conditions:

"EU" means a European Union member state, which for the time being includes the UK.

"Non EU" means any other country that is not an EU member state.

"Order" means an online transaction made by you via the Platforms for one or more Products, to which these Terms and Conditions apply.

"Personal Information" means the details you provide to us when you use the Platforms, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.

"Platforms" means any digital way of accessing the Thomas Wolski store and includes the website located at www.selfridges.com or any subsequent URL which may replace it and any and the Thomas Wolski app accessed using a mobile device.

"Product" means a product displayed for sale on the Platforms.

"Product Description" means the section displayed on the Platforms where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.

"Thomas Wolski Account" means your personal customer account set up by you on the Platforms.

"Terms and Conditions" means these terms and conditions.

"We", "us" or "Thomas Wolski" means Thomas Wolski t/a Thomas Wolski Art. Please note, that when arranging delivery of your Order, We may instruct a third party courier or postal carrier to deliver it to you. However, We will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to "we", "us", or "Thomas Wolski", will be taken to include such third parties.

"UK" means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.

"Users" means the users of the Platforms collectively.

"You" means a user of the Platforms.

1. Using the Platforms

1.1

The Platforms provided solely for your personal use. To place an Order on the Platforms you must be at least sixteen (16) years old. You may not use the Platforms for any commercial purpose. We reserve the right to make changes to any part of these Terms and Conditions from time to time, so please ensure you check the latest version. We may modify or withdraw the Platforms (or any part of them) temporarily or permanently, and we shall not be liable to you or any third party for any modification to, or withdrawal of, the Platforms and you agree to use the Platforms on this basis.

1.2

All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to Thomas Wolski (or is licensed to Thomas Wolski). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Thomas Wolski's prior written permission.

1.3

You agree that any information you submit to the Platforms including Personal Information shall be accurate. If you submit to the Platforms any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become Thomas Wolski's property. You agree that anything you submit shall not infringe any right of any third party, nor contain anything libelous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Platforms and we reserve the right to remove any material you have placed on the Platforms or to deny you access to the Platforms at any time in our sole discretion.

1.4

You must not establish any link to the Platforms to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you. The Platforms must not be framed on any other site, and you may not create a link to any part of the Platforms other than the home page.

1.5

While we endeavour to verify the accuracy of any information we place on the Platforms, we make no warranties (whether express or implied) in relation to its accuracy. The Platforms are provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Platforms, or any transaction that may be conducted on or through the Platforms, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

1.6

We make no warranty that the Platforms will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Platforms. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Platforms.

1.7

The Platforms may contain links to other websites or applications, which are not operated by Thomas Wolski. When you activate any of these you will leave the Platforms and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website or application which is not under our control.

2. Thomas Wolski Account, Personal Information and Security

2.1

By placing an Order you agree and understand that we may collect, use, store and process your Personal Information in accordance with our Privacy policy. Thomas Wolski fully respects the privacy of individuals who access and use the Platforms. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy policy, which are incorporated into and form part of these Terms.

2.2

When you register for a Thomas Wolski Account, you agree that:

a) The Personal Information which you are required to provide when you register as a customer is accurate; and

b) If any of your information changes (for example you change address) please let us know by updating your Thomas Wolski Account online or contact us via email store@thomaswolski.com

2.3

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

2.4

You are responsible for keeping your Thomas Wolski Account and Personal Information confidential. Please notify us immediately of any unauthorised use of your Thomas Wolski Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you sign out from your Thomas Wolski Account at the end of each session if you use a shared computer. We will not be liable for any loss or damage arising from your failure to comply with this clause.

3. Our Products

3.1

We will take all reasonable care to ensure that all Product Descriptions are correct. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.

3.2

Products are subject to availability. We will do our best to remove any Products which have sold out at the earliest opportunity. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then Thomas Wolski shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.

4. Pricing

4.1

We endeavour to ensure that all Products on the Platforms are available at the same price in all our stores. However, from time to time we may offer additional discounts for purchases made via the Platforms that do not apply in-store, or vice versa. Additionally, Products offered as sets on the Platforms may not be offered as part of a set in-store and individual prices may apply.

4.2

Any coupon, discount, offer or promotional discount offered on the Platforms is valid only for use as part of a purchase made via the Platforms, unless otherwise stated and subject to availability.

4.3

Product prices shown on the Platforms are in British Pounds, or such other currency as we may offer from time to time and are inclusive of UK value added tax ("VAT") (where applicable), at the appropriate rate. Product prices shown on the Platforms (irrespective of which currency you choose to pay in) may change from time to time. Please also be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for delivery of your Order.

4.4

Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered, we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.

4.5

All Product prices shown on the Platforms are inclusive of any applicable UK VAT. Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT. Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include UK VAT. Where you have requested delivery of your Order to a non-EU country, you will be responsible for paying any taxes, duties, fees, levies or other charges levied by that non-EU country to the relevant local customs authorities.

4.6

You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.

5. Product Restrictions

5.1

There may be instances where due to restrictions (legal or otherwise) or practices in relation to a Product, we are prevented from being able to deliver it to you (for example age or country restricted products such as alcohol). Thomas Wolski shall not be held liable in relation to any Product that we are unable to sell or deliver to you as a result of such restrictions. Please refer to the Product Description of your selected Product(s) to see if any restrictions apply. In the event that a restriction is enforced after you have placed your Order with us, we will do our utmost to notify you as soon as reasonably practicable.

5.2

If you place an Order for any Products which are age-restricted, you warrant that you meet the age requirement for that Product, for example over eighteen (18) years to place an Order for any alcohol product. It is an offence to buy or attempt to buy age-restricted Products if you are under age or to purchase such Products for someone else who is under age.

5.3

We reserve the right not to sell or deliver any age-restricted Product to anyone who is, or appears to be, under the required age.

6. Order Process

6.1

Thomas Wolski takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part, we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Platforms. For more information on how we use and protect your Personal Information, please refer to our Privacy policy.

6.2

The technical steps to place your Order and create a contract of sale between you and Thomas Wolski are, as follows:

a) You place an Order on the Platforms by pressing the 'Buy Now' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Platforms.

b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.

c) As your Order is shipped by us we will send you a dispatch confirmation email. Please note, that we may also send you an SMS to notify you that your Order has been dispatched. Upon sending this email, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.

d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address on the date and time nominated by you (as far as applicable).

6.3

Your Order is subject to English law. Your Order will be complete and the Product(s) in your Order will then be owned by you (and so risk of loss or damage to such) will pass to you in the first instance of either of the below taking place:

a) the date on which we receive payment in full for the Product(s); or

b) the date and time of collection in a Thomas Wolski store or delivery by us to your nominated address.

6.4

We shall be entitled to supply Products ordered as part of one Order separately. This may mean that Products are dispatched or available for collection separately. There may be certain circumstances where we can supply only part of an Order.

6.5

Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:

a) A Product you ordered is out of stock;

b) We are unable to obtain authorisation for your payment;

c) We have identified an error with a Product Description;

d) You are not eligible to order a Product, as set out in clause 5 above;

e) There is a system or procurement failure;

f) You fail our customer validation checks; or

g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.

7. Payment and payment methods on the Platforms

7.1

You can currently pay in British Pounds, or such other currency as we may accept from time to time.

7.2

We accept payment for Orders by Maestro, MasterCard, Visa, Visa Debit, American Express, Solo, and Electron.

7.3

If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.

7.4

By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.

8. Delivery

8.1

You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We will not be liable for the delivery of your Order as a result of you supplying us with incomplete or inaccurate information. Parcels may require a signature on delivery. Please note that delivery of your Order may take longer during sale or other busy periods, but you will be notified if this is the case.

8.2

Please note, if you choose to use any of our delivery partners’ personalised services (including but not limited to having your parcel delivered to a neighbour or left in a safe place), Thomas Wolski shall not be held liable for any items which are lost, damaged or delayed.

8.3

We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. Thomas Wolski shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays.

8.4

You may select the international delivery option at the end of the checkout process, and by specifying a delivery address outside of the UK. We will notify you of the international delivery charge(s) applicable to your Order at checkout and the amount will be added to the total amount of your Order. Delivery lead times of your Order to an international address will vary according to its destination.

9. Cancellation

9.1

You have a statutory right to cancel your contract of sale at any time up to fourteen (14) days after the day on which you receive your Order. This does not apply to products which are made-to-order i.e. made to your specifications. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product in your Order. You need to return the item within fourteen (14) days after the day on which you receive or collect your Order in order to receive a refund.

9.2

If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. You can do so by contacting us via email on store@thomaswolski.com. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, provided the items have not been dispatched then we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days.

9.3

It may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been dispatched or you have been notified that it is ready for collection, then you need to let us know and return the Product within fourteen (14) days from the day after you receive or collect your Order. You can notify us by using the options identified in clause 9.2 above.

10. Returns Policy

10.1

Products must be returned in a saleable condition within fourteen (14) days of receiving your Order. Products must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact when they are returned to us. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with.

10.2

Please note that your right to cancel or return a Product does not apply to certain types of Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return:

a) Products which are bespoke, have been made to measure, altered, or personalised to your specification;

b) Newspapers, periodicals or magazines (with the exception of a subscription contract for such publications);

c) Event tickets;

d) Hampers, food, beverages and other perishable goods, such as flowers.

e) Unsealed audio or video recordings (such as CDs, DVDs) or unsealed computer software;

f) Unsealed beauty items including toiletries and cosmetics which have been opened, tested or partially used; and

g) Fragrance when delivered outside the UK, which cannot be returned due to restrictions on delivering hazardous products.

10.3

Where lingerie, swimwear, cosmetics and earrings are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided if the hygiene seals have been removed, broken or tampered with.

How to return an item

Process and payment for returning a UK or EU Order by post

10.4

You will pay for the cost of returning any order delivered to you within the UK. If you wish to return your order then please follow the steps below:

a) email store@thomaswolski.com and notify us that you wish to return the items, specifying the reason

b) We will provide an address to return the items to

c) You will dispatch the items within the required time frame according to these terms and conditions, you will be responsible for ensuring that the good are adequately insured and for obtaining proof of postage (we recommend a signed for service).

d) You are responsible for the the risk, loss or damage to your Order during transit to us.

10.5

You will pay for the cost of returning any order delivered to you within the EU. If you wish to return your order then please follow the steps below:

a) email store@thomaswolski.com and notify us that you wish to return the items, specifying the reason

b) We will provide an address to return the items to

d) You are responsible for the the risk, loss or damage to your Order during transit to us.

Process and payment for returning a non-EU Order by post

10.6

You will pay for the cost of returning any order delivered to you outside the EU. If you wish to return your order then please follow the steps below:

a) email store@thomaswolski.com and notify us that you wish to return the items, specifying the reason

b) We will provide an address to return the items to

d) You are responsible for the the risk, loss or damage to your Order during transit to us.

e) Reclaim of any taxes, levies, fees, surcharges incurred by you in importation will be your responsibility and we will not be liable for any incorrect of fraudulent claims made by you.

11. Refunds policy

Refunds on UK and EU Orders

11.1

Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition.

11.2

Refunds will be issued back to you as follows:

a) If you paid for your Order using a credit or debit card then your refund will be made back to the same card irrespective of whether you return your Order via post or to one of our stores. This will appear in your account within ten (10) days depending on your card issuer.

Refunds on a Non-EU Order

11.5

If you placed your Order online and paid for it to be delivered to a Non-EU country, then within fourteen (14) days of receiving your Order back by post we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition. Please note that we will not refund the original delivery charge or any applicable local customs duties charged to you at checkout and paid to your local customs authority. Certain countries permit refunds of customs duties paid on Products you subsequently return. However, you will need to apply to your local authority to process that.

Promotional discounts and refunds

11.6

If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related.

12. Liability and Indemnity

12.1

If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, Selfridges has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.

12.2

You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.

12.3

Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:

a) contact us for a full refund within thirty (30) days of delivery; or

b) contact us for a repair or replacement.

12.4

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Platforms, a Product, or the conduct of other Users of the Platforms, even if Selfridges has been advised of the possibility of such damages.

12.5

You agree to fully indemnify, defend and hold harmless Selfridges, our agents, officers, directors, employees and suppliers, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Platforms, or the use by any other person accessing the Platforms using your Selfridges Account and/or your Personal Information.

12.6

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

13. General

13.1

We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.

13.2

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

13.3

If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.

13.4

The Platforms may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Platforms and any transactions conducted on or through the Platforms. These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.

13.5

The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms Conditions such that no third party may claim any rights under these Terms and Conditions.

13.6

Dispute Resolution (EU resident customers only). The European Online Dispute Resolution platform www.ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us.

13.7

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, 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 the Platforms. For contractual purposes, you agree to this electronic means of communication and you 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.

13.8

These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Thomas Wolski. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by Thomas Wolski. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.

14. Comments and Complaints Procedure

14.1

Please contact us if you have any comments or complaints by contacting us via email on store@thomaswolski.com. We will always endeavour to resolve any dispute as swiftly as possible.

15. Our details

15.1

Thomas Wolski t/a Thomas Wolski Art, 72-76 Newton Street, Manchester, M1 1EU.