Terms & conditions
1.1 These Terms and Conditions apply to the supply of Tu and other branded clothing from the Websites TuClothing.co.uk and Argos.com (together the “Website”). You will contract with Sainsbury’s Supermarkets Ltd OR Argos Limited dependent on which website you use to place your order. You are permitted to use the Website solely on the basis of these terms and conditions. If you do not agree, you may not use or register for use of the Website.
1.2 “Sainsbury’s” – means J Sainsbury plc and the direct and indirect subsidiaries of J Sainsbury plc including Sainsbury’s Supermarkets Ltd and Argos Limited. “We”, “Us” or “Our” means Sainsbury’s. “You”, or “Your” means the person, company or other organisation who orders goods in accordance with these Terms.
1.3 We reserve the right, at Our absolute discretion, to update and/or revise these Terms and Conditions for, without limitation, regulatory or HMRC compliance purposes, or any other reason at any time and without notice. Please check periodically for changes. Continued use of the Website will indicate Your acceptance of the changes.
THIS IS AN AGREEMENT BETWEEN YOU AND SAINSBURY’S SUPERMARKETS LTD (“Sainsbury’s”).
NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS
2. Use of the Tu at Sainsbury’s Website
2.1 By using the Website, registering or purchasing without registration you are authorised to view and download Our Website for Your personal, non-commercial use only.
2.2 We reserve the right at any time without notice or liability to: - Decline a new customer registration or suspend a customer's account at any time and at Our sole discretion;
- In Our absolute discretion, to terminate Your access to all or part of the services with or without notice including changing the availability or any feature or content
- In Our absolute discretion to discontinue the Website or services, or any part thereof, at any time, with or without notice;
- Change the website or delete facilities in any way, at any time and for any reason.
2.3 We cannot guarantee that the Website will be fault free or that it will meet your requirements.
2.4 You may view and use the Website without registration but by using the site you agree that you will not use Website content except for personal, non-commercial purposes.
3. Registration and Information Security
3.1 To use, register, or purchase without registration You must be over eighteen years of age and a UK or EU resident. You must ensure that the details provided by You on registration or at any time are correct and complete. If You register, You must inform us immediately of any changes to the information that You provided when registering by updating Your personal details in My Account. You must give us Your real name, address, email address and any other details that We may require to process Your order or registration. You must advise us immediately if You believe or suspect that any passwords or security information provided by You are compromised. We recommend that You use a secure internet connection when entering registration and order details. Any registration details or changes You make to Your account are processed on Our secure server.
3.2 We will never contact You and ask You to reveal your security details nor will we ask anyone else to do so on Our behalf. Any such request is likely to be fraudulent and You should report it to Us immediately.
3.3 We reserve the right: a) To decline a new customer registration or suspend an account at any time; and b) To terminate access to all or parts of the Website without notice.
3.4 We may check Your registration or order details to ensure they are correct and We may close Your account or cancel Your order if We suspect or believe that You have deliberately provided incorrect information.
3.5 If You register, at initial registration We will ask You to choose a password. You will need to enter this password whenever You sign in. You must keep this password confidential and not disclose it to anyone else or write it down. If You suspect that someone else knows Your password or security details, You should change Your password and let Us know immediately
3.6 Acceptance of Your registration will take place when We notify You that Your registration has been accepted.
3.7 Following registration You may access Your ‘My Account’ page whenever You log in to the Website. Your ‘My Account’ page will show Your purchase history and will store your personal details, including address and payment card details. We will ask You to provide your card security details every time You complete an order.
3.9 You have the right to change Your marketing preferences at any time.
3.10 Should you wish to change Your marketing preferences You may do so at any time by visiting your My Account page and unsubscribe from marketing or, if You are not registered You may unsubscribe by clicking on the ‘I do not wish to receive further marketing’ link at the foot of any Tu marketing email. You may receive further marketing material for up to 3 months.
4.1 Goods and services are subject to availability. If for any reason beyond Our reasonable control We are unable to supply a particular item (including all or part of a multibuy) or service, We will not be liable to You except to ensure that You are not charged for that item. In the event that We are unable to supply the goods or service, We will inform you of this as soon as possible.
5. Bulk purchase
5.1 To ensure availability of all Our goods, customers may purchase a maximum of 20 items of the same product description per order. We may apply other maximum order limits where stock is limited or demand is expected to be high.
5.2 Goods will not be supplied for the purposes of resale, and are only supplied for a customer’s own use as a consumer. We reserve the right to refuse orders that We consider are for commercial or non-domestic purposes or subject to onward delivery by a third party. EU nationals may place orders but must collect them from a Click & Collect store, or provide a delivery address in the UK. Delivery restrictions may apply.
6. Purchase for non-domestic use
6.1 We have selected Our goods and services on the basis hey will be used for domestic and personal use only. Where You decide to use the goods in the course of a business, We exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose or satisfactory quality. We accept no liability for business losses, lost data, lost profits or business interruption.
7. Pricing, descriptions and product information
7.1 The prices which You must pay for the goods or services You order are set out on the Website at the time you place Your order (plus a delivery charge if applicable). Our Website contains a large number of products and it is always possible that, despite our best efforts, some of the goods or services listed may be incorrectly priced. If the correct price is higher than the price stated, We are under no obligation to supply the goods or services to You at this price and will inform You as soon as possible to give You the option of reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled.
7.2 The prices quoted on Our websites apply only to goods and services sold via that website. Where the same goods are available in Our stores or on Our other websites, different prices may apply.
7.3 Delivery costs, where applicable, will be displayed in Your basket before You begin the checkout process.
7.4 You may purchase a Standard or Next/Named Day delivery service when You checkout. Full details of delivery options including expected delivery times and pricing is displayed in our Delivery Policy.
7.5 The delivery rate that will apply to Your order will be the rate applicable on the date of purchase as shown in Our Delivery Policy. Our delivery rates are also displayed in the ‘checkout’ section of the Website and may change from time to time.
7.6 All prices are shown and charged in £s sterling and include VAT where applicable.
7.7 Although We take all reasonable care to ensure all descriptions and details of goods appearing on Our Website are correct at the time the information was inputted onto the system, the information appearing on Our Website, at any time, may not reflect the exact position at the moment You place an order.
7.8 Whilst We make every effort to ensure that colours and appearance, including seam and pattern placement, of the goods shown on the Website are as accurate as possible, please be aware they may vary slightly from the actual colour or appearance on delivery. We cannot guarantee that Your screen will accurately reflect the colour of the goods on delivery. All measurements and sizes are approximate, although We make every effort to ensure they are as accurate as possible. Please see Our size guide for more information on product sizing.
8. Placing an order and order acceptance
8.1 When You complete an order on the Website We will send You an Order Acknowledgement. The Order Acknowledgement email and order number are not an order confirmation or order acceptance from Us. Acceptance of Your order and the completion of the contract between You and Us will, unless we have notified You that we do not accept Your order or You have cancelled it, take place for Royal Mail or courier deliveries, on dispatch of the goods to Your delivery address. Click & Collect orders will be accepted when we notify You that your order is available for collection at Your Click & Collect store.
8.2 All orders are subject to the successful completion of a credit card check. Where items are dispatched separately, Our acceptance of the order in respect of each item takes place when that item is dispatched.
8.3 Some goods may be delivered to Your delivery address by carrier. Our carrier will make every reasonable effort to contact You to make delivery, but if they are unable to do so then Your order will be cancelled and payment refunded to Your card.
9.1 If You order goods or services requiring immediate payment We take payment from Your card at the time We receive Your order. Payment must be made with a valid credit or debit card acceptable to Us. The address at which the card is registered must be the same as Your billing address. You can use a new payment card at any time, but the card associated with a given order cannot be changed once You have checked out.
9.2 To ensure Your credit, debit or charge card is not being used without Your consent, We may validate name, address and other personal information supplied by You during the order process against appropriate third party databases. By accepting these terms and conditions You consent to such checks being made. In performing these checks personal information provided by You may be disclosed to a registered Credit Reference Agency.
9.3 Nectar points cannot be used as payment for all or part of an order.
9.4 Gift vouchers and gift cards cannot be used as payment for all or part of an order.
9.5 Coupons issued at store tills are not redeemable online unless specifically stated.
9.6 Online payments are processed by The Logic Group. Your personal data will be used by them for the purposes of processing Your order only.
10.1 Once your order has been accepted, it will be delivered to Your UK delivery address by courier or made available for collection via Our Click & Collect participating stores. If you are unavailable when the courier attempts to deliver, they may leave a card. You will be responsible for calling them to re-arrange delivery in the case of a failed delivery.
10.2 We deliver to most UK and Northern Ireland addresses. We do not deliver to the Channel Islands, Isle of Man, Isles of Scilly, Orkney, Shetland, Scottish Highlands and Islands, BFPO or the Republic of Ireland. EU nationals may place orders but must collect them from a Click & Collect store, or provide a delivery address in the UK. We do not deliver to shipping agents for onward transmission.
10.3 Provided We have processed and received payment in full for the goods or services, ownership of an item will pass to You once we have delivered the item to You (either directly, by leaving it in a safe place, with a neighbour, or to a representative at Your UK delivery address). When an item has been delivered to Your UK Delivery address, risk of damage to, or loss of, the item passes to You.
10.4 By placing an order You are authorizing us to accept a signature from another person at the same address or from a neighbour on Your behalf if you are not present at the time of delivery.
10.5 We do not accept any liability for any delay or failure to deliver the goods of services within estimated timescales. We do all we can to deliver in the timescale you've selected. Delays occasionally happen, despite our best efforts.
10.6 You must not use an item that is damaged or different to the item You ordered. If you use such goods you will be deemed to have accepted them and You will be unable to return them because they are damaged or different to that ordered. Your statutory rights are not affected.
10.7 We reserve the right to change delivery prices without notice. You will always be informed of delivery charges before completing Your purchase.
11. Cancellation, returns and refunds from sainsburys.co.uk
11.1 You have the right to return Your order up to 30 days following receipt. This includes Your right to cancel Your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (exclusions apply).
11.2 Our refund policy extends to 30 days Your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which requires Us to provide You with goods in compliance with the contract and allows You, subject to Term 10.3 and 10.4 below, to cancel your distance contract with Us without giving any reason (for example, if your product is not wanted) within 14 days following the date of receipt of the goods at Your UK delivery address.
11.3 A limited number of items may not be returned unless faulty (see below) and We may reduce the amount refunded if the goods have been used or handled unreasonably before return. We will refund the standard delivery charge only if all goods ordered in the same transaction are returned within 30 days. Where a Next/Named Day delivery service is chosen We will refund the delivery charge at the standard delivery rate if all goods ordered in the same transaction are returned within 30 days.
11.4 A limited number items may not be returned for health and hygiene reasons unless faulty. These items include:
- Underwear and swimwear where packaging is unsealed or hygiene strips removed
- Pierced Earrings
11.5 Please see the returns form enclosed with Your order or Our Returns Policy for full information on returning goods. If You wish to cancel Your contract with Us, You may use the return form enclosed with Your order. Alternatively You may cancel your contract by writing to Us at the returns address shown on Your delivery note, (quoting your order number) and enclosing the goods at Your own cost within 30 days. Please ask for (and keep) evidence of posting. We will ask to see this evidence of posting if returns go astray.
11.6 Should You wish to cancel Your Click & Collect order, the same terms and conditions apply as for delivered items. Please return items to Your nearest Click & Collect store within 30 days. Please see the Help section for a full list of Click & Collect stores.
11.7 All refunds will be made to the debit or credit card on which the original purchase was made within 14 days of Our receipt of the returned goods.
11.8 Your statutory rights are not affected.
12. Nectar points
12.1 Where we offer Nectar points on puchases, the Nectar point collection programme is subject to the Nectar collector rules which are set out in the Nectar registration pack, brochure, and are also available online here. Sainsbury’s reserves the right to alter or terminate the Nectar points offer at any time but will give as much notice as reasonably possible before doing so. Where You register a Nectar card or use one during purchase without registration You will earn Nectar points for every full £1 you spend with Us on selected goods and services which will be applied to your Nectar card within 30 days. You will not earn Nectar points on delivery charges. Nectar points cannot be used as payment.
13. E-vouchers and promotions
13.1 From time to time, We may issue e-vouchers, money off or additional Nectar point vouchers which may only be used subject to these terms and conditions and any other terms and conditions linked to the e-voucher. TU e-vouchers may only be redeemed on the Website. They may not be redeemed in-store or on any other Sainsbury’s site.
13.2 E-vouchers, money off, or additional Nectar vouchers, are, and remain at all times Our property. The right to use a voucher (including e-vouchers) is personal to the original or named recipient and may not be transferred without permission. It may not be copied, reproduced or published either directly or indirectly. Vouchers distributed or circulated without Our prior written approval are not valid and may be refused or cancelled. If You redeem or attempt to redeem a voucher to which You are not entitled You may be committing an offence.
13.3 We reserve the right to cancel or withdraw any voucher or promotion at any time without notice and without reason.
13.4 Unless otherwise stated a voucher may be used only by the named recipient, it may only be used as stated on the voucher and not in conjunction with any other offer or voucher. Vouchers cannot be exchanged for cash, gift vouchers, delivery charges (except where stated) or for a whole order.
13.5 Certain goods may not be purchased using e-vouchers and these will be clearly listed as exceptions on Our Website or on the e-voucher. Any excluded goods purchased will not count towards any qualifying condition for the use of the e-voucher.
13.6 Where an e-voucher or other promotional offer applies to more than one product, the total value of the promotional offer or discount is split and shared across each applicable product. If an item or part of the order is returned we will adjust the refund to reflect the amount You paid for each item.
14.1 The Website may offer links to third party websites or resources. We have no control over such websites and resources and You agree that links to third party websites are provided solely for your convenience and that We are not responsible or liable for the availability or content of those sites. If You decide to click through to any third party websites You do so entirely at your own risk.
15. Dealing with third party suppliers
15.1 You agree that Your dealings with third party suppliers found on or through the service including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and the third party supplier, and You agree not to hold Us liable for any disputes you may have with such third party suppliers. We are not responsible for the content of any third party site.
15.2 From time to time, the Website may contain advertising and sponsorship and the individual advertisers and sponsors are responsible for ensuring the material complies with all relevant laws and codes of practice. We will not be responsible for any error, omission or inaccurate information contained within such advertising or sponsorship material.
16. Product reviews
16.1 We encourage registered users to comment on or review products they have purchased. The rules for comment can be found here.
16.2 We reserve the right to refuse to post comment or reviews on TU or Our Website or to remove or edit content already posted.
16.3 For any content that You submit, you grant Us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to You.
16.5 Website users accept that user reviews may not necessarily reflect the Our opinion.. You should satisfy yourself that any product You purchase is suitable for Your own purposes. Tu at Sainsbury’s may not monitor comments or reviews and accept no liability for such content.
17. Intellectual property
17.1 The content of the Website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission.
18.1 This Website and the Retail Sites and any software are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
19. Our Liability
19.1 We warrant to You that any goods purchased from Us through Our site are of satisfactory quality and reasonably fit for the purposes for which goods of the kind are commonly supplied in the UK provided that such purposes are domestic. Where You decide to use the goods in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. When an item has been delivered to Your UK Delivery address, risk of damage to, or loss of, the item passes to You.
19.2 Our liability for losses You suffer as a result of Us breaking this agreement is strictly limited to the purchase price of the goods You purchased.
19.3 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 for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
19.4 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 and even if such losses result from a deliberate breach of these terms and conditions by Us that would entitle You to terminate the contract between 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; or e) Loss of data. provided that this clause shall not prevent claims for loss of or damage to Your tangible property that fall within the terms of clause 19.1 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 19.4.
19.5 We will not be liable to You for any goods You find offensive or obscene irrespective of whether or not it is marked up as containing explicit material. Your use of the goods is at Your own risk.
19.6 Although We take all reasonable care to ensure all descriptions and details of goods appearing on Our Website are correct at the time the information was inputted onto the system, the information appearing on Our Website at any time may not reflect the exact position at the moment You place an order.
19.7 Please be aware that colours and appearance of the goods may vary slightly from the way they appear on the screen and We cannot guarantee that Your screen will accurately reflect the colour of the goods on delivery. All measurements and sizes are approximate, although We make every effort to ensure that they are as accurate as possible.
19.8 Where You buy any goods from a third party seller through Our site, the seller's individual liability will be set out in the seller's terms and conditions.
20. Events outside our control
20.1 We will not be liable for or responsible for any failure to perform or delay in performance caused by events outside Our reasonable control (Force Majeure event).
21. Written communications
21.1 Applicable laws require that some of the information or communications We send to You should 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 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. This condition does not affect Your statutory rights.
22.1 All notices given by You to Us must be given to Us by sending Us an email. We may give notice to You at either the e-mail or postal address You provide to Us when placing an order.
22.2 Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, 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.
23. Transfer of Rights and Obligations
23.1 The contract between You and Us is binding on You and Us and on Our respective successors and assigns.
23.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent.
22.3 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.
24.1 If we fail, at any time, to insist upon strict performance of any of Your obligations or any of these terms and conditions, or if We fail to exercise any of the rights and remedies to which We are entitled to, this shall not constitute a waiver or such rights or remedies and shall not relieve You from compliance with such obligations.
24.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
25.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
25.2 This Agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English Courts.
26. Our right to vary these terms and conditions
26.1 We have the right to revise and amend these terms and conditions from time to time to reflect 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.
26.2 You will be subject to the policies and terms and conditions in force at the time You order goods or services from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if we notify You of the change to those policies or these terms and conditions before We send you the Order Confirmation (in which case we have the right to assume You have accepted the change to the terms and conditions, unless You notify us to the contrary within fourteen working days of receipt by You of the goods).
27. Updates to these terms and conditions
27.1 We reserve the right to update Our terms and conditions in line with changes to business needs and Distance Selling Regulations, as and when required.
29. Company details
This Website is owned by and operated by Sainsbury’s Supermarkets Ltd. Registered address: Sainsbury’s Supermarkets Ltd., 33 Holborn, London, EC1N 2HT. Registered number 261722 England. VAT number 660 4548 36.