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Terms and Conditions

These terms and conditions regulate the business relationship between you and us.   By using Our Web Site in any way, or by buying from us, you agree to be bound by them.

About Us

This website is owned and operated by Top Furniture Ltd, Station Yard, Station Road, Uttoxeter, Staffordshire, ST14 8AX.

Company registered office address: Unit C6, Spectrum Business Centre, Anthony's Way, Rochester, Kent, ME2 4NP

Company registration number: 05578129

Registered in England

If you need to contact us, please email us at sales@topfurniture.co.uk or call customer services on 01889 560999.

VAT number: 872467102

Making a contract with us

When you place an order with us, you are making an offer to buy goods.  We will send you a confirmation email within a few minutes of ordering confirming your order numbers along with a break down of the items purchased and the prices.  This confirmation email  constitutes acceptance of your order.

In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this.

If the goods are not available, we may supply you with substitute goods subject to your prior agreement.  If you decide not to accept the substitute goods, you will not have to pay to return them to us.

How to place your order

1. Select the item(s) that you require from our website by clicking the 'Add to basket' link shown for the item.

2. Items that you have selected can be reviewed at any time via the 'View basket' link.

3. When you have completed your selections click on the 'Checkout' link to complete your order.  You will be asked to provide delivery and payment information via secure web pages.  Please review your order carefully before submission to avoid problems.

4. If you make a mistake during ordering please contact us as soon as possible.

Delivery

Delivery charges if applicable will be detailed on the first page of the shopping basket page after the items have been added to the basket.  Please make sure that you have selected the correct delivery region from this page that applies to your delivery postcode.  These delivery charges will vary depending on the size and weight of the items being purchased along with your delivery location.  If you are unsure about any delivery charges that may be applied to some goods them please contact us on 01889 560999 to talk this through with a sales advisor.

If the goods are lost or damaged in transit, please let us know promptly.

The terms and conditions

1 Definitions

In this agreement:

"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance. 
"Our Website"  means the entire computing hardware and software installation that is or supports Our Web Site. 
"Goods" means any of the Goods we offer for sale on our web site 
"Content" means information in any form published on Our Web Site by us or any third party with our consent. 

2  Our contract with you

2.1  These terms and conditions apply:

    2.1.1  so far as the context allows, to you as a visitor to Our Web Site; and
    2.1.2  in any event to you as a buyer or prospective buyer of our Goods.

2.2  Goods advertised may not be available.

2.3  We shall accept your order by e-mail confirmation.   Our message will also confirm details of your purchase and tell you when we shall despatch your order.   That is when our contract is made.   It is possible that the price may have increased from that posted on our web site and in situations like this you may cancel your order.

2.4  We may change these terms from time to time.   The terms that apply to you are those posted here on Our Web Site on the day you order Goods.

2.5  All descriptions, weights and sizes of Goods are those of the original manufacturers.

2.6  If we do not have the Goods you order in stock, we will offer you alternatives before we despatch your order.   If this happens you may:

    2.6.1  accept the alternatives we offer;
    2.6.2  cancel your order;
    2.6.3  leave the order valid, but tell us to omit the out-of-stock item.

2.7  If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

3  Price and Payment

3.1  You must pay us the full price of your order before we will send any part of it.

3.2  Banking charges by the receiving bank on payments to us will be borne by us.   All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

3.3  Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

3.4  You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

4  Information you give us

4.1  You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.   We need this information to provide you with the Goods.

4.2  We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.

5  Delivery

5.1  Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.

5.2  If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

5.3  We may deliver the goods in installments if the goods are not available at the same time for delivery.

6  Taxes, duties and import restrictions

6.1  We have no knowledge of, and no responsibility for, the laws in your country of residence.  

6.2  You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.

7  Goods returned

Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:

7.1  You must tell us you wish to cancel within 7 working days of your receipt of the Goods;

7.2  In any event, you may not cancel orders for food or other perishable Goods, nor for handmade, specially commissioned or personalised goods;

7.3  The Goods must be returned to us within 7 working days of your telling us you wish to cancel:

    7.3.1  with both goods and all packaging if possible;
    7.3.2  securely wrapped;
    7.3.3  including our delivery slip;
    7.3.4  at your risk and cost.

7.4  If you decide to cancel your contract with us we will refund you no later than 30 days from the date of payment;

7.5  If you do not return the Goods to us, you are still liable to us for the cost.

7.6  If you cancel, you must return the goods to us at your own expense.  You must ensure that the goods are packaged adequately to protect against damage.  If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection.  If you fail to take reasonable care of the goods before they are returned to us, and your actions result in damage or deterioration, we will charge you for the reduction in value.

7.7 Our cancellation and returns policy is as below.

You can cancel your contract at any time up to 7 working days after the day of delivery.  To do this, please e-mail us or write to us.  You do not have to give any reason for cancellation.  However, a brief explanation will help us to improve the service we offer to customers in the future.

If you cancel, you must return the goods to us at your own expense.  You must ensure that the goods are packaged adequately to protect against damage.  If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection.  If you fail to take reasonable care of the goods before they are returned to us, and your actions result in damage or deterioration, we will charge you for the reduction in value.

This cancellation policy does not affect your legal rights

Faulty goods

If there is a problem with the goods, please contact us.  We will deal with the matter in accordance with your legal rights.

Changes to these terms

These terms are last changed on 07/11/2012

Previous versions of our standard terms and conditions can be requested if required.

These terms apply to your order.  We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.

8  Disclaimers

8.1  We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.

8.2  You are advised that Content may include technical inaccuracies or typographical errors.

8.3  We give no warranty and make no representation, express or implied, as to:

    8.3.1  the adequacy or appropriateness of the Goods for your purpose.
    8.3.2  compatibility of Our Web Site with your equipment software or telecommunications connection.
    8.3.3  compliance with any law;
    8.3.4  non-infringement of any right.

8.4  Our Web Site contains links to other Internet web sites.   We have neither power nor control over any such web site.   You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

9  Content and Intellectual Property Rights

9.1  Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider.   We will strongly protect its rights in all countries.

9.2  You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

9.3  You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

10  System Security

10.1  You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;

10.2  you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.

10.3  You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

10.4  Examples of violations are:

    10.4.1  accessing data unlawfully or without consent;
    10.4.2  attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
    10.4.3  attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
    10.4.4  forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
    10.4.5  taking any action in order to obtain Goods to which you are not entitled.

10.5  You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:

    10.5.1  any violation of system security as set out above;
    10.5.2  your use of Our Web Site;
    10.5.3  any other breach or violation of this agreement by you;
    10.5.4  the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

11  Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

12  Contractual Limitation

Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made.   Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.

13  Rights of third parties

Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.       

14  Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15  No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

16  Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

17  Force majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

18  Governing Law

This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

19 Discount Codes

Any discounts applicable for discount codes are only valid against full priced items.  For example if you find a discount code with a 10% discount offer and there is an item on our website with an existing discount of 15% then no further discount will apply as the largest possible discount already applies.  If you find an item with a 5% discount already applied then the discount code will offer the 10% discount off the higher 'Was' price resulting in an extra discount.  Please talk to us before purchasing if any of this is unclear but in simple terms 'discount codes cannot be used in conjunction with any other voucher, promotion or offer.'

20 Clearance Items

No further discounts are possible against clearance items which are often heavily discounted slight seconds or customer returned items.  Additional discount for clearance items with discount codes is not allowed other than 25% off additional chairs when combined with a clearance table.

This 25% discount for clearance chairs only applies to a quantity of chairs that the discounted clearance dining table is designed to seat.  For example a 6 seater clearance dining table can be combined with 6 dining chairs with a 25% discount.  We cannot offer any additional chairs with the 25% discount.

If you have any questions please contact us at sales@topfurniture.co.uk