Terms & Conditions

These terms of use set out important information regarding your rights, obligations and the restrictions that may apply when you use our website at http://www.topbuyerltd.co.uk/ (the "Website"). We recommend that you read these terms of use carefully before using the Website.

Any reference to "you" or "your", means you as a customer of our services, products and/or as a user of our Website. Any reference to "we", "us", "our" or "TOPBUYER" is to TOPBUYER Ltd. These terms of use govern the relationship between you and us when you access and use our Website. By accessing and continuing to use the Website, you agree to be legally bound by these terms of use. Please note that we may update and amend these terms of use from time to time and any changes will be posted on the Website. However, it is your responsibility to ensure you review these terms of use regularly to familiarise yourself with any changes. If you do not agree with any of our terms of use then you should not use our Website.

You may be asked to agree to further terms and conditions when using specific services for example purchasing or selling Products to Resellers. If there is any inconsistency between these terms of use and any such terms and conditions, the latter terms and conditions shall prevail.

Information about us

We operate the Websites http://www.topbuyerltd.co.uk/ and http://www.topbuyer.uk.com. (In these terms of use, the "Website" shall refer to the website whereby you accessed these terms.) We are TOPBUYER Ltd, a company registered in England and Wales under company number 08028184 and with our registered office at 29-30 Frith Street, London, W1D 5LG, United Kingdom.

We provide a number of internet-based services through the Website. One such service enables fashion designers or brands ("Brands") and fashion resellers ("Resellers") to discover one another and enter into buyer/seller relationships. Brands may create pages ("Showroom Pages") which include customised look books and line sheets showing specific articles of clothing and/or fashion accessories offered for sale (such items are collectively referred to as "Products"). Resellers may create pages which may include information on the Products they carry, their clientele and images of their physical store ("Reseller Pages"). Resellers purchase Products for resale in their physical storefront.

We may offer a number of other services on our Website, including message boards, contests, fashion editorials and newsletters, which may change from time to time.

Accessing our website and availability

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

While we endeavour to ensure that this Website is normally available 24 hours a day, we cannot promise that our Website will be free from errors or omissions nor that it will be available uninterrupted. The Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way.

We shall not be liable for any failure, any suspension or any termination of access to the Website in connection with or arising out of a force majeure event. In these terms of use, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, interruption or failure in communications networks and facilities (including the internet), fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Registration

You may be required to register your details and/or open an account to access some areas of the Website, including to create Reseller Pages or Brand Pages, or to sell Products to Resellers. You undertake to complete the registration form fully, and that all information provided is up to date, true, accurate and complete.

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. If you choose a user identification code, you undertake not to use the name of another person with the intention of impersonating that person.

YOUR USE OF THE WEBSITE

You agree that you will not use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity or that is fraudulent, or has any unlawful or fraudulent purpose or effect. Furthermore, you agree not to do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access any users' data or penetrate or circumvent any Website security measures or attempt to do any such acts.

Unless there is a separate contractual relationship between us, you agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any of your activities.

You accept that you are able to stop using the Website at any time and at your sole discretion. We reserve the right to suspend, restrict or terminate your access to the Website or any part of it at any time at our sole discretion.

We may also ban or suspend you as a user of the Website if you do not comply with these terms of use and, in such an event, your permission to use this Website shall terminate and you must immediately destroy any downloaded or printed extracts from this Website.

Intellectual property rights

We are the owner or the licensee of all copyright and other intellectual property rights in our Website, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.

The contents of the Website including (without limitation) web pages, computer codes of elements comprising the Website, may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our 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 the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our 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 our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

This restriction does not include your ability to use any of our "sharing" functions (for example, liking and sharing our Website on Facebook or Twitter) in accordance with that third party's own terms and conditions.

Reliance on information posted and disclaimer

While we endeavour to ensure that the information on this Website is correct, we make no promise nor do we give any warranty or guarantee regarding the accuracy and completeness of the material on this Website. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

All prices quoted in our emails, newsletters, 'look books' or catalogues are not guaranteed. If the rate of VAT changes or if there are other changes beyond our control, we reserve the right to adjust such prices accordingly. Shipping costs are quoted and charged separately and are not included in the quoted prices.

Although we take care to ensure that all goods shown on our Website are presented as accurately as possible, we cannot guarantee that this is always possible. Some colour and/or size presentation and clarity may vary depending on the monitors you use, we cannot guarantee that they will be absolutely accurate. Please see our Size Comparison Chart for more information about sizes.

Our liability

Nothing in these terms of use shall restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau), nor shall anything in these terms of use exclude or limit our liability for death or personal injury resulting from our negligence or from any fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

If we fail to comply with these terms of use, we shall only be liable to you for any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We will not be liable for losses that result from our failure to comply with these terms of use that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time. However, this 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 in the former categories.

The material displayed on our Website is provided "as is" without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Information about you and your visits to our website

We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Transactions concluded through our Website

By placing an order for goods or services through our Website, you warrant that: you are 14 years of age or older; you are the holder of a valid debit/credit card; all personal information which you are required to provide when pacing an order is true, accurate and current; in all respects; you are not impersonating another person or entity or using a false name or a name that you are not authorised to use; your use of the Website does not violate any applicable law or regulation; and you agree to comply with and be bound by these terms of use and any changes we may make to these terms from time to time.

You place an order for goods or services from our Website by completing the online order process. Once the order is placed you will receive an email from us acknowledging the details of the order; your order is not confirmed or completed prior to us sending out this acknowledgment email. Subject to these terms of use, your order constitutes an offer to purchase the goods or services for the price stated on our Website.

Once we send out the acknowledgment email accepting your order, the contract between you and Topbuyer will be completed in relation to the goods or services that you have ordered. Completion is deemed to take place at the time and date the email is sent, as specified on the email. This shall apply regardless of whether or not you receive the email, for reasons beyond our control.

We reserve the right not to accept an order in our sole discretion or for the following reasons: if the goods you ordered are out of stock; if we are unable to authorise your payment; if there is a pricing error. If we are unable to fulfil your order after sending out the acknowledgment email, we will inform you by email or telephone; the terms in the Returns and Refunds section below shall apply.

Payments

Payment can be made using all major credit or debit cards through the SagePay HSBC Secure e-payments tool or via PayPal. Once your payment was debited and cleared from your account, your order will be dispatched by Topbuyer. All card payments are subject to validation checks of the cardholder and authorisation of the card issuer; if your payment is refused or we are unable to obtain authorisation for your payment for any other reason, we will not be liable for any delay or non-delivery.

If you opt for a bank transfer payment, you must send us a scan or fax evidencing the bank transfer within 48 hours of placing the order. The goods will only be shipped once we have received the transferred funds and when the goods are ready for shipment. Our account details for bank transfer payments are:

Bank: HSBC PLC
Account name: Top Buyer Ltd
Sort code: 40-03-40
Account number: 50774901
IBN number: GB 72 MIDL 40034050774901
SWIFT address: MIDLGB22
Bank address: HSBC BANK PLC, 17 Gerrard Street, London W1D 6HB, U.K.

We will only accept and process payments via PayPal if the address for shipment is the same as the verified address that is registered under the PayPal account.

If we do not receive your payment within 20 working days of the order being placed, the order will be deemed cancelled. Any deposits paid for cancelled orders are non-refundable unless otherwise agreed.

If you have made a payment for an order that you wish to cancel, you will need to send your request to us via email. Once your request was approved, we will refund you the payment. The refund will only be credited to the account originally used to pay for the cancelled order and may take 4 to 7 weeks.

SHIPPING, DISPATCH AND DELIVERY

Delivery time is normally between 7 to 14 working days, depending on when your order is processed and the location that you want the goods to be delivered to. The estimated delivery time commences when you place the order if payment was made immediately, or if made by bank transfer when we receive evidence of the transfer within 48 hours of you placing the order. In all other cases the estimated delivery time commences when we actually receive your payment. You are advised to place your orders with sufficient lead-time to prevent any loss or disappointment, as delivery time is not within our control and Topbuyer cannot be held responsible for this. For made to order items the delivery time can take between 2 to 5 weeks from the order date.

We will examine all goods received from Brands or Resellers to ensure that they comply with the respective orders. If there are any errors or anomalies, we will inform and advise you by email as soon as possible to rectify the situation and provide you with a revised estimated delivery time.

Each order is deemed separate and shall be treated individually. If for any reason your order cannot be delivered within the specified timeframe (including any delays caused by any local customs clearance processes) we will notify you and try to rectify the situation as quickly and practically reasonably as possible. If you have ordered several items we may, in certain circumstances, deliver the items separately at different times.

If you request for delivery outside of the EU your order may be subject to import duties and taxes, which will be levied when the goods reach the country of destination. By placing an order for delivery outside the EU you acknowledge and accept that we have no control over such additional levies and you agree to bear all such charges. You are advised to check with the local customs officials or post office of the country of destination for information about import taxes and duties that may be applicable to your order.

Topbuyer operates daily except on Saturdays, Sundays and public holidays.

We ship to the following countries: Albania, Algeria, Andorra, Anguilla, Antigua and Barbuda, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Bermuda, Bhutan, Bolivia, Bosnia-Herzegovina, Botswana, Brazil, British Virgin Islands, Brunei, Bulgaria, Cambodia, Canada, Canary Islands, Cape Verde Islands, Cayman Islands, Chile, China, Colombia, Comoros Islands, Cook Islands, Costa Rica - San José, Croatia, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, East Timor, Ecuador, Egypt, El Salvador, Estonia, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guatemala, Guernsey, Guyana, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kuwait, Laos, Latvia, Lebanon, Lesotho, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Malta, Martinique, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nepal, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Norway, Oman, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome + Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Switzerland, Taiwan ROC, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Tuvalu, U.S. Virgin Islands, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vanuatu, Venezuela, Vietnam, Yemen.

The "force majeure" terms above shall similarly apply to any orders you make through our Website.

Returns and refunds

Customer satisfaction is our top priority. If you are not satisfied with the goods you receive from us, we would be happy to offer a full refund or exchange. All refunds and exchanges are subject to the following criteria: the goods being unworn, in perfect condition*, with all labels attached and in the original packaging; you inform us of your intention to return the goods for refund or exchange purposes within 48 hours of delivery; you have complied with the procedure set out in these terms. We will not accept goods for refund or exchange if they are worn, used or damaged; any returns that do not comply with the above criteria shall be rejected and sent back to you.

Made to order goods are not refundable. These goods can only be returned to us for exchange if they are faulty, not fit for purpose or do not comply with the order.

All refunds or exchange shall be in accordance with the following procedure. Once you inform us of your intention to return the goods either for refund or exchange, we will provide you with a Return Merchandise Code (RMC). The goods must be returned to us within 3 days of your request for refund or exchange and must be sent to us by courier, first class post or the equivalent. You remain responsible for the goods until they reach us, you are therefore recommended to send the goods to us using a delivery service that adequately insures the value of the goods. You shall bear the cost of returning the goods to us.

For refunds, we will process the refund on receipt of the returned goods. Payment will only be credited to the account originally used to pay for the relevant order, less any taxes, import duties, shipping charges or other levies actually incurred. The refund process may take up to 30 to 45 working days.

For exchanges, we will exchange the goods for a different size or colour if you indicate clearly. We will process the exchange after the goods are received together with any additional payment, if required.

Viruses, hacking and other offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We 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 our Website or to your downloading of any material posted on it, or on any website linked to it.

Linking to or links from our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.

If you wish to make any use of material on our Website other than that set out above, please address your request to info@topbuyer.uk.com.

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Severance

If any provision of these terms of use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms of use which shall remain in full force and effect.

Law And Jurisdiction

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.

Your concerns

If you have any concerns about material which appears on our Website, please contact info@topbuyer.uk.com.

These terms and conditions were last updated on 20 September 2014.