Terms and Conditions

Last Updated: 13th June 2013

TK Maxx and HomeSense are owned and operated by TJX UK, a subsidiary of The TJX Companies Inc.

TJX UK is registered in England and Wales. Registration Number 3094828. VAT Registration Number 662563524. Registered address 50 Clarendon Road, Watford, WD17 1TX.

Access to and use of this website and the products and services available to purchase through this site are subject to the following terms and conditions. By using this website you are agreeing to be bound by our Terms and Conditions and our Privacy Policy.

The Terms and Conditions may be changed or updated by TJX UK from time to time and without prior notice. We will indicate at the top of the Terms and Conditions the date on which they were last updated and any use of the site following such a change assumes acceptance of the new Terms and Conditions.

General Terms of Use

Terms of use of the website

You may use the website only in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within the UK and any other jurisdiction from which you are accessing the site.

In using the site you agree that you:

• will provide true, accurate, current, complete and non misleading information on any registration form or as otherwise reasonably requested by TJX UK
• will not disclose any unauthorised, false or fraudulent details
• will not post, transmit or otherwise disseminate any information on or via the website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive
• will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy

If you are provided with a User ID, password or other information as part of our procedures it is your responsibility to treat such information as confidential and not disclose it to any third party. TJX reserves the right to disable any User ID or password either chosen by you or allocated by TJX in the event that TJX believe you may have failed to comply with the Terms and Conditions.

You are responsible for your method of access to this website. You are also responsible to ensure that all persons accessing this website through your internet connection are aware and in compliance with the Terms and Conditions.

TJX UK will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Terms under which this website is provided

Access to this site is provided on a temporary basis and we reserve the right at any time to

• withdraw or amend the service without notice
• to withdraw access to some or all of the site
• to suspend some or all of the services offered
• remove goods , featured jobs or promotions from the site
• cancel your registration and/or account without prior notice
• report any breach under the Computer Misuse Act 1990 to the relevant law enforcement authorities and disclose your identity to them
• deny access to the website where we reasonably believe (in our absolute discretion) that a user is in breach of any of these Terms and Conditions or our Privacy Policy

Conditions of Making an Online Purchase

• Buying online
• Presentation, pricing and availability of goods
• Payment
• Right of Cancellation
• Gift Cards/Vouchers

Buying online

You may purchase certain goods online at tkmaxx.com. Please see our Delivery information for details of delivery charges and restrictions. The delivery times given are estimated and from time to time may be affected by events outside our control, for example inclement weather or postal strikes, for which we will not be responsible.

For the Free Standard Delivery on orders of over £50 or more, we reserve the right to withdraw the offer at any time and standard restrictions apply.

In order to make a purchase you will need to set up an account. We will ask for personal information in order to set up the account and you agree to provide accurate, current, complete and non misleading information. Our Privacy Policy outlines how this information will be collected and managed.

By placing an order online you make an offer to purchase in accordance with these Terms and Conditions. We will acknowledge receipt of your order both online and via an email order confirmation but this does not constitute our acceptance of your offer to purchase. Your offer has been accepted only when we have confirmed that the order has been dispatched. Payment is taken at the point of despatch.

You can return items within 28 days of receipt. Please see our Returns Policy for exclusions, conditions and method of return.

Presentation, pricing and availability of goods

We always aim to ensure that all details, descriptions and prices appearing on this website are accurate, but from time to time errors may occur. While we try to accurately represent the colour of an item in our photography representation of the item may be affected by the settings of the computer on which it is viewed.

Where we have made an error in the price of an item on our site we reserve the right to withdraw this item from sale at this price and present it at the correct price. If you have placed an order at the incorrect price, we will inform you of the error and give you the opportunity to confirm your order at the correct price, or cancel the order.

All items sold are subject to availability and while every effort is made to fulfil your order, products turn over very quickly in our warehouse and on rare occasions the item you require may not be available although you have received a confirmation of your order. We will advise you by email if we have to cancel your order for this reason, and no payment will be taken.

Payment

All prices are inclusive of VAT. Delivery costs are charged in addition to the product price and included in the total cost. Any additional charges are clearly displayed where applicable and included in the total cost.

If you are paying by credit or debit card, we will carry out a standard pre-authorisation check on your card upon receiving your order to ensure there are sufficient funds to settle the transaction. Goods will not be despatched until the pre-authorisation check is complete.

We will charge your card only when your goods are despatched. Your credit card company may allocate funds from your card before we make this charge.

Right of Cancellation

If you are a consumer (i.e. you are not purchasing either wholly or in part for your business, or you are not a business) you have the right under the Distance Selling Regulations to cancel the contract and receive a full refund in respect of all goods purchased except perishable items, customised goods and hosiery. You have seven working days from the day after the date of receipt of the goods to cancel your contract in writing to us at TK Maxx, Customer Service, 50 Clarendon Road, Watford, WD17 1TX or by email to customerservice@tjxeurope.com, following which you must return your order in full.

Any return made by post is at your own cost and risk. Details of how to return by post can be found here. You can also return these items to store. Details of how to return to store can be found here. Before returning the items to us, you have a legal obligation to keep the goods in your possession and take reasonable care of them. If you do not do this, we may have a claim against you for compensation. If your contract is cancelled in this way we will refund any payment made when ordering, including your delivery charge, within 30 days of receipt of the cancellation.

Gift Cards/Vouchers

We offer two types of gift voucher – the gift card which can be redeemed only in our stores, and the e voucher which can be redeemed on line only.

1. Gift card terms of use

Gift cards can be purchased in store and online for TK Maxx and HomeSense. TK Maxx cards can be used in TK Maxx stores in the UK, Republic of Ireland and in the Isle of Man. HomeSense cards can be used in HomeSense stores in the UK, Republic of Ireland and in the Isle of Man. Dual branded cards can be used in either store.

A gift card can be used for the purchase of merchandise only. A gift card cannot be returned or exchanged for cash. Purchases made with the card will be deducted until the balance reaches zero. No change will be given so the remaining balance will stay on the card and can be spent on future purchases. If the purchase price exceeds the amount available to spend on the card, the remaining balance can be settled via another accepted payment method. No more than five gift cards can be used in one transaction.

There are two types of card. An open value card remains open so further amounts can be added to it at any time up to a maximum value of £999.99. A specified value card has a fixed amount when purchased and amounts cannot be added. Ask in store if you are not sure which card you have.

Gift Cards are valid for a limited time only. The card will expire if it has not been used for 24 consecutive months and any remaining balance will be deleted. Once deleted a card will not be replaced. Please note that checking a balance in store constitutes use of the card and it is not necessary to make a purchase.

The cost of anything you buy with the card and return to store in accordance with the TK Maxx and HomeSense Returns Policy will be refunded to the gift card. This does not affect your statutory rights. See full details of our returns policy by clicking here.

The holder of the card is responsible for its security and lost or stolen cards will not be replaced.

If you are purchasing the gift card online, please pay particular attention to the delivery address you enter as we cannot be responsible if the address is incorrect and the card is used by someone other than your intended recipient.

The card can be used against purchases in the original currency only, so a card purchased in sterling cannot make purchases in euro, dollars or zlotti and vice versa.

2. E-voucher terms of use

E vouchers are used for online purchases and are currently available for TK Maxx purchases only. Evouchers are available in pounds sterling only and although orders may be placed using an e voucher outside the UK, delivery is within the UK only. See our Delivery information for further details.

An e voucher cannot be exchanged for cash. They are valid for 24 months from date of purchase. An e voucher will despatched by email as soon as payment has been cleared. TJX UK are not responsible for any delays in sending the voucher. From time to time an e voucher may be caught in spam filters or other security arrangements. Once we have despatched the voucher it is the responsibility of the recipient to ensure it can be received.

Terms Governing Web Content and its Use

Linking to this website

You may link to this website according to the following guidelines. We reserve the right to withdraw linking permission without notice if we believe these guidelines are not followed.

• The link must be done in a way that is fair and legal and neither damages nor takes advantage of our reputation
• The link must not suggest any form of association, approval or endorsement on our part where none exists
• You must not establish a link from any website that is not owned by you.
• The website must not be framed on any other site.
• The link must be made to the home page only.

Links to other websites

Our website may contain links to sites not owned or operated by TJX UK. These links are not intended to be referrals or endorsements of the linked sites and TJX UK provide them for your convenience only. TJX UK are not responsible or liable for any part of the linked site including any information presented. You should familiarise yourself with the terms and conditions and privacy policy of the linked site.

Our website may also contain links to other sites operated by TJX UK. We advise you to review the legal, privacy and security information for each such site to which you link as the terms and conditions and privacy policies may vary slightly from site to site.

Copyright, Trade Mark and other Intellectual Property Rights

Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the website as well as the selection, arrangement and organisation of the foregoing and the website as a whole (collectively "Content") are subject to copyright, trade mark, service mark, trade dress and/or other intellectual property rights or licences and rights of publicity and privacy, all worldwide rights, titles and interest in and to which are owned by, licensed or which may otherwise be used by TJX UK, TK Maxx, HomeSense or our suppliers. All software used on this website is the property of TJX UK, its suppliers or third party suppliers as applicable and is protected by UK and international copyright and other intellectual property laws.

Guidelines for use

• You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website
• You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text
• Our status (and that of any identified contributors) as authors of material on the website must always be acknowledged
• You must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us or our licensors
• If you print off, copy or download any part of the website in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of materials you may have made

Submission and uploading material to our website

Other than personal information which is subject to our Privacy Policy, all comments, blogs, feedback, suggestions, ideas, original materials such as stories, artwork, computer code or product and marketing ideas and any other submissions disclosed, submitted or offered to TJX UK on or through the website or otherwise disclosed, submitted or offered by you to us (collectively "Submissions") shall be and remain the property of TJX UK. Such disclosure, submission or offer of Submissions and your agreement to these Terms and Conditions shall constitute an assignment to TJX UK of any intellectual property rights.

You warrant that any Submissions comply with those standards, and you indemnify us for any breach of that warranty. As such TJX UK will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise of any Submissions. Further, TK Maxx shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions or provide attribution to any users for any Submissions. TJX UK shall have no obligation to keep confidential, use, return or review any Submissions.

TK Maxx will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other use of the website.

Legal Clauses

Disclaimer of Liability

The website, its content, any material displayed on this website, any information available on or through this website and the software is provide "as is" and "as available" and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws.

Unless expressly stated to the contrary, to the fullest extent permitted by law, TK Maxx and its suppliers, content providers and advertisers 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 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 arising out of or in connection to this website or the linked sites and any materials posted thereon

TJX UK does not represent or warrant that your use of the website, or the operation or function of the website or any services offered in connection with the website will be uninterrupted or error free; that defects on the website will be corrected; or that the website or its server or any links are free of viruses or other harmful elements. TJX UK makes no representations or warranty that the website, materials, software or any product offered or purchased through the website is applicable or appropriate for use or access in locations outside the United Kingdom.

Nothing in these Terms and Conditions shall limit TJX UK's liability for death or personal injury arising from negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited by law.

Indemnity

You agree to indemnify, defend and hold harmless TJX UK's directors, officers, employees, consultants, agents and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions.

Variation

TJX UK shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the service and/or any page of this website.

Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely ressembles the original meaning of the term as is permitted by law.

Waiver

If you breach these Terms and Conditions and we take no action, TJX UK will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These Terms and Conditions are to be construed in accordance with the laws of England and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Entire Agreement

The above Terms and Conditions, the Returns Policy and any emails regarding the services TJX UK provides constitute the entire agreement of the parties (TJX UK and the customer) and supersede any and all preceding and contemporaneous agreements between you and TJX UK. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of TJX UK.

Terms and Conditions for Promotions and Competitions

• Monthly Promotion Terms and Conditions - hot@rrivals
• Monthly Promotion Terms and Conditions – Friends of HomeSense
• £10 off £40 spend

Monthly Promotion Terms and Conditions – Hot@rrivals

Promoter: TJX UK (trading as "TK Maxx") 50 Clarendon Road, Watford WD17 1TX. Do not post to this address.

• Prize Draw open to UK residents aged over 16, excluding employees or an immediate family member of an employee of TK Maxx or any other person who is directly connected with this promotion.
• To enter, you need to sign up for the hot@arrivals email newsletters and you will be automatically entered into the next available draw.
• Entry into the promotion is on the understanding and the acceptance of these terms and conditions. Any breach of these terms and conditions may result in a prize being forfeited.
• The Top Prize: The Top Prize: This month only (Feb 2011) one person will win a £500 TK Maxx Gift Card. Entrants must be aware that in taking up the Top Prize, the winner is subject to the terms and conditions relating to TK Maxx Gift Cards provided at http://www.voucherexpress.co.uk/VERSE/Tkmaxx/poptermsconditions.html
• No Purchase Necessary.
• Entries must be made via the website and are restricted to only one entry per person, per household. More than one entry or entry via third parties will not be accepted.
• The winners will be selected in a random draw conducted within 8 days beginning from the last day of each month and under the supervision of an independent promotional verification service.
• Winners will be notified by email within 14 days of the draw date and the prize will be delivered to the winner within 28 days beginning the day after the notification is sent and/or made.
• No cash or other alternative in part or full will be offered in lieu of the specified prizes. Prizes are not transferable.
• The Promoter accepts no responsibility for entries which are illegible or lost or lost or delayed via technical problems. Proof of sending does not constitute proof of entry.
• The Promoter is not liable for any loss or damage, costs or expenses (whether direct, indirect or consequential) suffered by a prize winner or others, as a result of prizes awarded under this promotion. The prizes are taken up at the prize winners own risk.
• The Promoter reserves the right to amend, alter or terminate the content of the promotion at any time due to circumstances beyond its control.
• The Promoter reserves the right to amend, cancel, modify or offer an alternative prize if, in our sole discretion, the prize is not capable of being issued.
• Prize winners may be required to participate in reasonable publicity associated with this promotion.
• These terms and conditions are subject to English law. The data collected from the entry form will be collected and processed in accordance with the Data Protection Act 1998. The Promoter may use the data collected for the purposes of sending you marketing on sales and promotions held by the Promoter, subject to your consent. The data will not be disclosed by the Promoter to any other organisation that is not associated with the Promoter. For more on our data collection practices, please see our Terms and Conditions, and our Privacy Notice available at www.tkmaxx.com, or visit the Customer Service desk at any of our stores to obtain a printed copy of these policies.
• The decision of the Promoter is final and binding on all matters. Correspondence will not be entered into. Please retain these terms and conditions for future reference.

Monthly Promotion Terms and Conditions – Friends of HomeSense

• To enter, you need to sign up to become a friend of HomeSense and you will be automatically entered into the next available draw. The Prize Draw is a monthly drawing from all entries made during the preceding month that began accruing the time of the previous draw (on or around the end of the end of previous month). Entries from previous draws shall not be entered into the following month's draw. One entry per person. By entering the Prize Draw, all entrants are deemed to have understood and accepted and be bound by these Rules. Please retain these Rules for future reference.
• Eligibility: All entrants must be at least 18 years of age at the time of prize acceptance and must be UK residents. If the winner is a minor (under 18 years of age), the winner's parent or legal guardian will be required to sign a consent agreeing to be bound by these Rules. Employees of TJX UK, associated companies and those involved in the Prize Draw and their family members are not eligible to enter. All applicable laws and regulations apply. All entry forms must be complete to be eligible. Photocopies or other substitutes of entry forms will not be accepted.
• Drawing: One (1) winner per monthly draw will be selected on or around the 18th of the following month in a random drawing conducted from all eligible entries for such month and under the supervision of an independent promotional verification service. Odds of winning depend on number of entries received. Each prize winner will be notified by email after the 19th of the applicable month. If HomeSense is unable to contact a winner after reasonable efforts to do so, another prize winner will be selected at random according to these Prize Draw Rules. The decision of the promoter is final and binding on all matters.
• Prize: This month only (Feb 2011) The winner shall receive £500 Gift Card redeemable in all HomeSense stores located in the UK. The prize is not transferable and no cash or other alternative in part or full is available. Taxes are the sole responsibility of the winners. Upon delivery of the prize to the winners, each winner assumes all risk of loss for their prize. The promoter reserves the right to amend, cancel, modify or offer an alternative prize if in our sole discretion, the prize is not capable of being issued.
• Data Protection Act of 1998: This promotion is governed by laws of England and Wales. The data collected from the entry form will be collected and processed in accordance with the Data Protection Act 1998. The details provided to HomeSense, which is a trading name of TJX UK, by entrants will be stored by HomeSense and used by HomeSense and TJX UK to keep you up to date with latest offers and newsletters. The data will not be disclosed by HomeSense to any other organisation that is not associated with HomeSense, except for our contracted service providers. For more on our data collection and disclosure practices, please see our Privacy Notice and Terms of Use , or visit the Customer Service desk at any of our stores to obtain a printed copy of these policies.
• Additional Rules: No correspondence will be entered into concerning the Prize Draw. Winners' names and their counties will be available on request by sending a SAE to the Marketing Secretary, TJX UK, 50 Clarendon Road, Watford, Hertfordshire WD17 1TX. HomeSense reserves the right to feature the name, photograph and location of each winner in future publicity material including internet websites.

£10 off £40 spend - June welcome offer

*Offer applies until 11:59pm Sunday 14th July on www.tkmaxx.com; not available in stores. For any purchase of more than £40, a discount of £10 will be applied on the total amount of the purchase at checkout when the unique promotion code provided is inserted as required prior to checkout. Offer is personal to addressee and applicable one time only. TJX UK reserves the right not to apply discount where it suspects fraudulent use. Excludes shipping costs. Cannot be combined with any other discount or multiple offer. Not valid for cash or cash equivalent.

£10 off £40 spend - Instore Offer

*Offer applies until 11:59pm Friday 12th July on www.tkmaxx.com; not available in stores. For any purchase of more than £40, a discount of £10 will be applied on the total amount of the purchase at checkout when the unique promotion code provided is inserted prior to checkout. Offer is personal to addressee and applicable one time only. TJX UK reserves the right not to apply discount where it suspects fraudulent use. Excludes shipping costs. Cannot be combined with any other discount or multiple offer. Not valid for cash or cash equivalent.

£10 off £30 spend - Instore Offer

*Offer applies until 11:59pm Friday 12th July on www.tkmaxx.com; not available in stores. For any purchase of more than £30, a discount of £10 will be applied on the total amount of the purchase at checkout when the unique promotion code provided is inserted prior to checkout. Offer is personal to addressee and applicable one time only. TJX UK reserves the right not to apply discount where it suspects fraudulent use. Excludes shipping costs. Cannot be combined with any other discount or multiple offer. Not valid for cash or cash equivalent.

10% off total spend - Instore Offer

*Offer applies until 11:59pm Friday 12th July on www.tkmaxx.com; not available in stores. A discount of 10% will be applied on the total amount of the purchase at checkout when the unique promotion code provided is inserted prior to checkout. Offer is personal to addressee and applicable one time only. TJX UK reserves the right not to apply discount where it suspects fraudulent use. Excludes shipping costs. Cannot be combined with any other discount or multiple offer. Not valid for cash or cash equivalent.