This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website topstools.net (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you should not order any Product from our site.
We operate the website topstools.net from Pozitrade Ltd, 1507 Kowloon Plaza, Castle Peak Road, Lai Chi Kok, Hong Kong. See here for more About Us.
By placing an order through our site, you warrant that:
If you use our website, it is your responsibility to ensure the confidentiality of your account and password and that no unauthorised persons have access to them. You agree to accept responsibility for all activities that occur under your account or password. We shall not be liable to any person for any loss or damage that may arise as a result of your failure to keep your password and account protected.
Please ensure that your personal details are up to date.
We reserve the right to refuse access to our website, terminate accounts, remove or edit content or cancel orders at our discretion. If we cancel an order, you will not be charged.
Given the unpredictability of technology and the online environment, we do not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available will be free of viruses or other harmful elements. Also, your access to our website and Apps may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. As a visitor to, and user of our website, you agree that your access is undertaken at your own risk and it is your responsibility to ensure that you have the right equipment and software to safely access our website. We shall not be liable for damages or losses of any kind that you may incur from our use of or inability to access our website.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. The contract between us (Contract) will only be formed when we or our partners despatch your product.
The Contract will relate only to those Products we despatch. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products.
By placing an order with us you agree that:
1. Any information provided by you will be true, accurate, current and complete
2. You are the authorised holder of any credit/debit card or PayPal account you may use on the website
3. You will notify us immediately of any changes to any information you have submitted to the website
5. You will only use the material on the website for your personal use only, and not for any commercial purpose whatsoever
6. By clicking Confirm Order you are confirming your acceptance of these terms and conditions and that you are giving us permission to make a debit for this order
7. E-mails sent will be deemed as read, it is your responsibility to ensure that the email address supplied is accurate and capable of receiving our e-mails
8. You have read and accept all terms and conditions including in particular the terms in relation to Shipping and Delivery, Returns and Refunds and Data Protection.
9. Products are for personal or family domestic use only.
We reserve the right to vary these terms and conditions at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which the customer has accepted when an order has been placed. Once an order is placed customers are deemed to have read and agreed to the terms and conditions. Any errors regarding website based information, quotation, price list, acceptance of offer, invoice or other documentation or information issued by us may be subject to correction without any liability on our part.
We are delighted to offer a number of different shipping and delivery options to cater to our customers’ requirements. We try to offer the best and most competitive shipping rates and any charges are only covering the cost of shipping as incurred by us from our third party delivery service providers. Where possible, we subsidise the shipping charge and do not pass this on to our customers. Please see here for further details on Shipping and Delivery options and terms.
If you fail to take delivery of the ordered goods and they are returned to us, we will contact you upon their arrival via email. A refund of the cost of goods without shipping will be processed within 7 days unless you have notified us before then to advise that the goods are still required. If the goods are still required, you will be charged an additional shipping fee for a second delivery.
It is the responsibility of the customer to ensure there is someone at the delivery address at the specified date to sign for the parcel. If no one is present the courier may deliver the goods to a neighbour either side or directly opposite and should leave a card to advise where this parcel has been left. If a parcel has been delivered but you are claiming non receipt of a parcel then please allow 3-5 days from date of notifying us to allow us to investigate with the courier. If a refund is applied and the goods are later located then we reserve the right to place a debit for these goods unless you return them to us.
Usually everything displayed on our site as In Stock is available for immediate dispatch.
In the unlikely event that any ordered goods are not readily available to us, we reserve the right to cancel your order. You will receive an email notification of any order cancellation as a result of stock out confirming that any pre-authorisation has been released and/or payment refunded for the goods in question, in line with our Payment Terms. To the extent that the out of stock item forms part of a larger order, all other goods ordered by the customer will be dispatched in the normal way.
It is our objective to achieve on time delivery on all orders. We monitor our delivery partners and our experience is that delivery is successfully effected within the chosen delivery time period in 99% of cases.
We use a number of third party courier service providers and on occasion human error may cause a package to be misdirected. Once despatched, the on time delivery of a package is the responsibility of the relevant courier company and Giraffenet cannot be held responsible for a package not reaching its destination on time.
In order to avoid disappointment, we suggest that customers place orders well in advance of parties and Christmas to allow for any unforeseen delays.
For more help and advice on what to do in the event that you do not receive your Smyths package within the expected timeframe, please see our Shipping & Delivery FAQs here.
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Product prices include VAT.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already Despatched.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Payment for all Products are made via Paypal. You can pay with your credit or debit card. You may also use your Paypal account if you wish to do so.
To ensure that your credit, debit or charge card is not being used without your consent, we will 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 which may keep a record of that information. You can be assured that this is done only to confirm your identity. TopsTools do not perform a credit check and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
If you return a Product to us:
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Certain items are excluded from our returns policy inc. personalised, perishable, made to measure and gift vouchers. This does not affect your statutory rights.
We warrant to you that any Product purchased from us through our site will, on delivery and for the following twelve (12) months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied provided that said Product has been used in accordance with the manufacturers usage instructions.
Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 11.2, any losses that you suffer as a result of our failure to comply which are a foreseeable consequence of such failure.
Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories (a) loss of income or revenue, (b) loss of business, (c) loss of profits, (d) loss of anticipated savings, (e) loss of data, or (f) waste of management or office time. However, this clause 11.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.2.
Nothing in these term and conditions excludes or limits our liability for:
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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.
All notices given by you to us must be given to Pozitrade Ltd, 1507 Kowloon Plaza, Castle Peak Road, Lai Chi Kok, Hong Kong and firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, twenty four (24) hours after an e-mail is sent, or three (3) 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.
The contract between you and us is binding on you and us and on our respective successors and assignees. 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. 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.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or omission outside our reasonable control (Force Majeure Event), including, without limitation, industrial action, civil commotion, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, any impossibility of the use of transport, any impossibility of the use of telecommunications and the acts, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract. Nothing in this clause 19 limits or excludes any liability for fraud.
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products 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 Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.