SERVICE TERMS & CONDITIONS
SERVICE TERMS & CONDITIONS
LAST UPDATED: JANUARY 16, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES.
These Terms and Conditions ("Terms") apply to all websites, apps, and online services (collectively, the “Services”) operated by Topps Europe Ltd. ("Topps," "we," "us," "our") where the Terms are posted. We are registered in England and Wales under company number 02673753 and have our registered office at 18 Vincent Avenue, Crownhill Business Centre, Milton Keynes, MK8 0AW. Our VAT number is GB608693513. We are a limited company.
Topps provides the Services to you subject to your acceptance of these Terms. We may update the Terms by posting a new version online, and your continued use of the Services after any such update constitutes your binding acceptance of such changes. Please read these Terms carefully. If you do not agree with these Terms, you should not use the Services.
When using the Services, you shall be subject to any other posted guidelines or rules applicable to such Services, which may be modified from time to time, including the following:
- Terms and Conditions of Purchase (if you purchase products through the Services)
All such guidelines or rules are hereby incorporated by reference into these Terms. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms. These Services are solely for your personal, noncommercial use.
Some Services require registration, while others do not. Still others require registration before accessing certain areas or functionality ("Restricted Areas"). When you do register with us, you agree to provide accurate, current and complete information about yourself as prompted (such information being the "Registration Data") and to maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if Topps has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Topps may terminate your access to areas requiring registration and any account(s) you have registered, at its sole discretion.
When registering for any of the Services, you may be required to select a Username and Password that will be used to access your account. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for any use of your Password, whether by you or others. You agree to (a) keep your Password confidential and not share it with anyone else; (b) immediately notify Topps of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access any Restricted Areas on the Services. Topps cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Topps is authorized to act on instructions received through use of your Password, and that Topps may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.
By using the Services, it is your responsibility to know, understand and abide by our rules of conduct. These rules are not meant to be exhaustive, and Topps reserves the right to determine what types of conduct it considers to be inappropriate use of the Services and to take such measures as it sees fit. Topps reserves the right to add to or amend this list of rules at any time.
You agree that you will not use the Services to:
- post, e-mail, transmit, upload, or otherwise make available content that harasses, abuses, defames, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- stalk or otherwise harass any other person or entity;
- post, e-mail, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so or violates the privacy, publicity or other personal rights of others;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly authorized herein;
- post, e-mail, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs which (by design or function) interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- promote or facilitate illegal gambling or wagering;
- make available, distribute, re-upload or share any video, photos, downloads or other content provided by Topps or through the Services to any other website, streaming technology, peer-to-peer software, or similarly unauthorized distribution channel unless expressly authorized to do so by Topps.
- Use any meta tags or any other hidden text using Topps’ name or trademarks.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the Services.
- Access any content not intended for your use or log onto a server or account that you are not authorized to access.
- Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Violation of the rules of conduct may result in the immediate removal of your content from the Services and/or the termination of your account(s).
You understand that all postings and content submitted to any of the Services by users ("User Materials"), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Topps, are entirely responsible for all User Materials that you upload, post, share, e-mail, transmit, or otherwise make available via the Services. Under no circumstances will Topps be liable in any way for any User Materials uploaded, posted, shared, e-mailed, transmitted or otherwise made available via the Services.
You acknowledge that Topps may or may not pre-screen User Materials, but that Topps and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Services. Without limiting the foregoing, Topps and its designees shall have the right to remove any User Materials that violate these Terms or are otherwise objectionable at Topps’ sole and absolute discretion. You understand that by using the Services, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Services.
With respect to User Materials you directly submit or make available on the Services, you grant Topps an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed, and for any commercial or non-commercial purposes.
Topps reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof), including the Restricted Areas, with or without notice at any time. You agree that Topps shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services, except as otherwise specified in any separate rules governing certain events or contents.
You agree that Topps may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Services or Restricted Areas or both. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) your failure to pay account registration or renewal fees when prompted, and (g) extended periods of inactivity. Termination of your account(s) may include (i) removal of access to all offerings within the Restricted Areas, (ii) at Topps’ sole discretion, the deletion of all of your account information on the Services, User Materials, and other content associated with your account(s) on the Services (or any part thereof), and (iii) barring your further use of the Restricted Areas.
Your correspondence or business dealings with, or participation in promotions of, advertisers, buyers, sellers, or agents found on or through the Services, including payment for and delivery of related goods, services, or real property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Topps shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Sites.
The Services may provide links to other sites or resources. Because Topps has no control over such sites and resources, you acknowledge and agree that Topps is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Topps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
All title, ownership and intellectual property rights in and to the data, information, materials, trademarks, service marks, software, photos, videos, images, and other content (collectively, the “Content”) made available through the Services are owned by Topps or its licensors. Unless noted otherwise, you should assume that all Content made available through the Services are protected by copyright, trademark and other applicable intellectual property law and may not be used except as permitted in these Terms. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Topps, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content and Services, in whole or in part.
The Services are made available free of charge. We do not guarantee that the Services or any content will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
The content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely. While we make reasonable efforts to update the information, we make no representations, warranties, or guarantees, whether express or implied, that the content is accurate, complete, or up to date.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, as may be set forth in our Terms and Conditions of purchase.
We only provide the Services for personal, non-commercial use. You agree to not use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
Topps may provide you with notices, including those regarding changes to these Terms, by e-mail, regular mail, or postings on the Services; provided, however, that this Section places no requirements on Topps not already expressly set forth herein.
Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without the written permission of Topps or any third party that may own the trademarks. Your misuse of any trademarks displayed on the Services, or any other Content on the Services, except as provided in these Terms, is strictly prohibited. You are also advised that Topps will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
These Terms are governed by English law. The courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Terms & Conditions
www.toppsdirect.com is owned by Topps Europe Ltd.Topps Europe Ltd is a company registered in England and Wales with company number 2673753. Our registered office address is Topps Europe Ltd, 18 Vincent Avenue, Crownhill, Milton Keynes, MK8 0AW
Your contract for purchases made through the Site is with Topps Europe Ltd and you undertake that any and all goods ordered by you are for your own private and domestic use only.
The display of items for sale on this Site is only an invitation to treat. No contract for the sale of any product will subsist between you and Topps Europe until the goods have been dispatched. If you have placed your order online our confirmation email will amount to an acceptance by Topps Europe of your offer to buy the goods.
You must have a unique email address to place orders online. It is your responsibility to ensure you are able to receive emails from ToppsDirect.com. We recommend you add ToppsDirect.com to your “safe sender” list. You agree that e-mail can be used as a means of communication
You must choose a password on completion of your online registration. You are responsible for all actions taken under your unique email address and password. You must make every effort to keep your password safe and should not disclose it to anyone. You may not transfer or sell your email address to anyone nor permit, either directly or indirectly, anyone to use your email address or password.
Topps Europe Ltd does not accept liability for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
Topps Europe Ltd will do its best to correct errors and omissions as quickly as practicable after being notified of them.
The products sold on www.toppsdirect.com are not for re-sale or distribution. We reserve the right to suspend accounts where we believe products are being ordered in breach of this term.
Unless otherwise stated all prices shown are in Pounds Sterling and Euros and include VAT and any other applicable taxes.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. If the error is discovered prior to your receipt of a confirmation email, we will cancel and refund your order.
Shipping and Handling
All orders are subject to a shipping and handling charge. This charge varies depending on the destination and/or weight and/or item ordered. The shipping and handling fee will be shown to you before you enter your payment details. Specific product such as the Topps Print Me cards are subject to shipping and handling charge of £0.99 per pack, and this will be shown to you prior to entering your payment details. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
The period stated within which you will receive your order is approximate. Please ensure the address you provide for delivery is correct and complete to avoid unnecessary delays. We ask that you allow up to 28 days for standard shipping.
We use a number of third party delivery agents to ensure you receive your goods as soon as possible. Any losses after your goods have left our warehouse must be reported to us. reported to us. When placing an order by post (only available in the UK) please note that cheques take up to 10 days to clear so please allow extra time for delivery when using this payment method.
Placing Your Order
We are only able to accept orders from people aged 18 or over. If you are under 18 please ask your parent or guardian to place your order.
On placing an order you will be given a unique order number. An order is defined by this unique number irrespective of the number of items or quantity of items. If an offer is associated to an order this means that the offer applies once to each unique order placed unless otherwise stated. Topps reserves the right to limit the number of times an offer can be applied to one household.
An e-mail will be sent detailing the order that you have placed. Please ensure that the order details and delivery address are correct. If not please contact us immediately so as the order can be cancelled, a refund issued, incurring no charges, and then you will need to place your order again with the correct details. Once an order has been placed neither the order details nor delivery address details can be amended by us.
Every purchase you make from www.toppsdirect.com shall be deemed as being performed under English law and subject to the jurisdiction of the courts of England & Wales.
You undertake that all details provided to us for the purpose of ordering are correct, that the credit/debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services.
Your Right to Cancel and Claim a Refund
Under the Distance Selling Regulations you have the right to cancel your order and claim a full refund at any time after you place your order and up to seven working days after you receive the goods. If you wish to do this please contact us in writing. You may also contact us by email at firstname.lastname@example.org We will make the refund as soon as possible and in any event within 30 days. Your obligation after delivery and in the period up to the point of cancellation is to keep possession of the goods and take reasonable care of the goods.
After you have cancelled you have a duty to restore the goods to us at your own expense, if you fail to return goods you will be liable for any charges incurred in relation to attempts to collect the goods. If you exercise your right to cancel your order before we dispatch the goods, we will refund the total price of the goods, including any delivery charges.
Defective, Misdescribed or Incorrectly Sent
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, Topps Europe Ltd will endeavor to replace or repair, or refund to you the amount you paid for the goods in question. Please read our Returns Policy for more information. Please be aware that we test every single return, if we find that a returned item is not found to be faulty we will return the item to you and you will be liable for the postage.
If for any reason we cannot fulfill your order we will contact you to give you the choice of cancelling your order, amending it, or waiting for the items you ordered to come into stock as appropriate.
We shall have no liability to you for delay in the delivery of goods ordered if the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes and strikes.
When do these Terms and Conditions Apply?
These Terms and Conditions apply to all orders placed on this web site or by phone.
These Terms are subject to the laws and exclusive jurisdiction of England & Wales.
If you have questions concerning these terms and conditions please contact us. Alternatively you may wish to enquire of your local trading standards office or Citizens Advice Bureau. The main consumer protection legislation governing this contract are the Consumer Protection (Distance Selling) Regulations 2000 and the Unfair Terms in Consumer Contracts Regulations 1999. We strive to resolve all queries to consumers’ satisfaction. Online Dispute Resolution is available at http://ec.europa.eu/consumers/odr/