Terms and Conditions

Welcome to the terms and conditions for using the theyandwe.com website. By placing an order with us, you are agreeing to accept these terms and conditions (‘The Conditions’).

Our terms and conditions can potentially change at any time, and it is up to you to check them regularly before ordering products in case there are any changes. If you don’t agree with the terms and conditions set out below, you shouldn’t use or access this website.

General information

theyandwe.com is a part of POLYSTHETICA LTD (‘Polysthetica’), registered in England & Wales, Company No. 06502995.

Polyshetica’s total liability for any claim, however it arises, will not exceed the price of the goods supplied by Polysthetica to the customer, together with any postage costs incurred. Polysthetica will not be liable for any resulting customer loss, whether this arises from a breach of duty in contract or in any other way.

Polysthetica cannot accept any liability for a failure to comply with specific instructions stated in a catalogue or on the website. This statement does not affect customers’ statutory rights.

The terms do not affect your statutory rights.

What you agree to

Your contract for purchases made through sunspel.com is with Sunspel (the “Contract”), and all goods ordered by you are for your own private and domestic use only and are not for resale.
You must be eighteen years old or older. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.
All details you provide to Polysthetica for the purpose of ordering or purchasing goods must be true, accurate, current and complete in all respects; and the credit or debit card you are using must be your own and there must be sufficient funds in your account to cover payment of the product(s) ordered.
You agree that email can be used as a long-distance means of communication.

Not committing fraud

You will not use a false name or a known invalid credit card to order. This is a crime, and anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. Polysthetica tracks the electronic ‘fingerprints’ of every order placed on sunspel.com to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using our website.

Our right to end our agreement with you

Polysthetica Ltd reserve the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you:

if you fail to make payment to us when due
if you breach any of our terms and conditions
if, when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
if, when requested by us to do so, you fail within a reasonable timeframe either allow us to deliver the product to your or collect it from us
if we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on theyandwe.com

Your responsibilities

You agree that if you break these Conditions, or if any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that Polysthetica or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable).

You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

Ordering

When placing an order, you agree that any and all information given is accurate and complete.
All orders are subject to acceptance and product availability. Availability information for products is listed on each individual product description.
All prices listed on theyandwe.com are correct at the time of entering the information, but we reserve the right to change prices of any product at any time. All prices for purchases in the UK and European Union include sales tax.
Your order constitutes an offer to purchase the goods in accordance with these Conditions. No contract for the sale of any product will exist between you and theyandwe.com until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.
Your confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including VAT and P&P where applicable) and usual delivery times. You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
If your order has not been accepted, you will receive an email from us telling you the reasons why.
Due to the high volume of orders during promotional or sale times, we cannot make any amendments to purchases once ordered.
Discount vouchers cannot be used on sale products.
Any samples, drawings, descriptive matter or advertising produced by Polysthetica and any descriptions or illustrations contained on the Website are produced for the sole purpose of giving an approximate idea of the goods referred to in them. They shall not form part of the Contract nor have any contractual force.

Delivery

The delivery period stated within which you will receive your order is approximate and the time of delivery is not of the essence. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.

If your delivery address is outside the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance.

Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information. Please note international shipments may be subject to cross-border inspections by customs authorities.

In the event that your order does not arrive within the approximate delivery period stated we will do our best to assist in tracking your order. In the event of non-delivery of your order we are unable to process a replacement order until 21 business days following the original shipment date.

Payment

theyandwe.com accepts most major credit/debit cards.

All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

Cancelling an order, returns and exchanges

Cancelling

If you haven’t submitted an order, you may clear a product in your shopping basket at any time by clicking the ‘Remove’ button next to it.
If you have submitted your order and received a confirmation email from theyandwe.com, you will need to wait until you receive the product and then follow our Returns procedure. You’ll find more information about this in our Delivery and Returns page.

Returns

You may return most items sold by theyandwe.com within 28 days from the date of delivery for a refund. We don’t refund the original postage and packaging charge, but if you just want us to exchange the item then you don’t pay any postage for the replacement.

Exchanges

We are happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped, through any circumstance that is in our error within 28 days from the date of delivery.

Privacy

We use your personal data as set out in our Privacy Policy.

Polysthetica will not pass on your personal, credit or debit card details to any third party without your permission.

We will never ask for personal details via email. If you receive an unsolicited email asking you for your theyasnwe.com login details, please contact us immediately.

Liability

Errors

We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on theyandwe.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.

Damaged, defective or incorrect goods

In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.

Images

We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.

Third party claims

The products sold on sunspel.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from theyandwe.com

Website

We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.

We make no warranty that the Website 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, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

Delays

We will have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

Warranties

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

Losses

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 conditions for:

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
Any loss of goodwill or reputation; or
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions will exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

All rights, including copyright, in the content of the theyandwe.com web pages are owned or controlled by Polysthetica Ltd. In accessing theyandwe.com web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the sunspel.com web pages for any other purpose whatsoever without the prior written permission of Polysthetica.

This website as a whole is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.

Third party information

We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for They and We products are those stated on the They and We website, in They and We catalogues or on other official They and We material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause will limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions will be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.