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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

We are:     Truck TopsUK
                  Communicaions House
                  26, York Street
                  Westminster
                  London
                  W1U 6PZ
                 
You are a:  Visitor to our website / Customer

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States, United Kingdom, European Union and other copyright laws, and is the property of Truck TopsUK. The collective work includes works that are licensed to Truck TopsUK. Copyright 2010, Truck TopsUK ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Truck TopsUK or purchasing Truck TopsUK products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Truck TopsUK or to purchase Truck TopsUK products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Truck TopsUK. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Truck TopsUK used in the site are trademarks or registered trademarks of Truck TopsUK


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Truck TopsUK disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Truck TopsUK does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Truck TopsUK does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.


Limitation of Liability
Truck TopsUK shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Truck TopsUK has been advised of the possibility of such damages.


Typographical Errors
In the event that a Truck TopsUK product is mistakenly listed at an incorrect price, Truck TopsUK reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Truck TopsUK reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Truck TopsUK shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Truck TopsUK without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Truck TopsUK may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Truck TopsUK.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of  England and Wales., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Truck TopsUK products) shall be in the courts located in the county of Worestershire, England. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Truck TopsUK products) must be commenced within one (1) year after the claim or cause of action arises. Truck TopsUK's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Truck TopsUK may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Truck TopsUK or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Truck TopsUK does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Truck TopsUK is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Truck TopsUK reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Truck TopsUK in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Truck TopsUK, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Truck TopsUK may link to sites operated by third parties. However, even if the third party is affiliated with Truck TopsUK, Truck TopsUK has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Truck TopsUK. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Truck TopsUK seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).



Terms of Business relating to non business customers

 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.

“Consumer”        means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.

 “Our Website”   means the entire computing hardware and software installation that is or supports Our Website.

 “Goods”             means any of the Goods we offer for sale on our Website

 “Content”           means any material in any form published on Our Website by us or any third party with our consent.

 “Material”           means Content of any sort posted by you on Our Website


  1             Our contract with you

These terms and conditions apply:

1.1         So far as the context allows, to you as a visitor to Our Website; and

1.2         in any event to you as a buyer or prospective buyer of our Goods.

1.3         We shall accept your order by e-mail confirmation.  That is when our contract is made. Our message may also confirm details of your purchase and tell you when we shall dispatch your order.

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

1.5         Unfortunately, we cannot guarantee that Goods advertised on our website are available.

1.6         If we do not have all of the Goods you order in stock, we will offer you alternatives.  If this happens you may:

 1.6.1     accept the alternatives we offer;

 1.6.2     cancel all or part of your order;

 1.7         If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.

 1.8         If we owe you money on account of your cancellation, 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 cancellation of your order.

  2             Your account with us

2.1         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.

 2.2         If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

 2.3         You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

 2.4         We reserve the right to refuse you access to Our Website.

  3             Price and Payment

 3.1         We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published.  If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

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

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

 3.4         Prices include UK value added tax. If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.

  4             Delivery

 4.1         Deliveries will be made by a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery. Please ensure that you inspect the merchandise prior to accepting & signing for it / them as good. We will view all merchandise signed for as good as arriving in a fit for purpose condition.

4.2        If we are unable to deliver your order after two calls by our carrier, we will notify you to try to arrange an alternative date for delivery, convenient to you. If we have failed to contact you after 5 days from the first time we attempted delivery, we will cancel your order and return money paid for the goods.  We will retain any charge we made for delivery.

4.3         We may deliver the Goods in instalments if they are not all available at the same time for delivery.

4.4         Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.

  5             Cancellation of order

 5.1         If you are a citizen of the European Union, and you bought the Goods as a Consumer, you may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.

5.2         As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.

5.3         If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.

 5.4         If you cancel after we have despatched the Goods, we will refund the price of the goods only.

 5.5         The option to cancel your order is not available if the Goods are:

5.5.1     perishable;

5.5.2     made to order or altered to your specification;

5.5.3     shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.

5.5.4     newspapers, magazines, brochures or any form of printed material

 5.6         If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them.  We cannot & will not refund your money if the Goods have been used, worn or damaged or not returned as new, with all documentation.

5.7         You are responsible for the cost of returning and insuring them.

5.8         To assist us in identifying your Goods on receipt by us, we ask you folllow our returns procedure as laid out in our Returns Policy for a returns reference to be placed below our address / returns label.

5.9         If you fail to return the goods, within 7 days, we are entitled to arrange for their collection.  If we do we shall look to you to repay us the cost of collection & insurance.

5.10      We will refund your money within 30 days.

5.11      This paragraph does not affect your rights in the event that the Goods are faulty.

  6             Foreign taxes, duties and import restrictions

 6.1         If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

  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.

  7             Goods returned

        7.1       Our most important task is to ensure your absolute satisfaction.  We will always strive to reach that target.  However, we acknowledge that mistakes are made occasionally.  This paragraph covers that possibility.  If you are not wholly satisfied with the Product, please tell us at the earliest opportunity. Please ensure you follow the instructions as laid out in our Returns Policy, but ensure the following information is included:

 7.1.1     exactly what is the fault;

7.1.2     the date, if relevant, when the fault became apparent;

7.1.3     when and how you discovered the fault;

7.1.4     how the fault affected your use of the Goods;

7.2         To do this, it is essential that you follow the instructions below.  These provisions apply in the event that you return Goods to us because you say they are faulty:

7.3         You must tell us by via the system as laid out in our Returns Policy, you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return.  We will then issue a returns note.  If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

 7.4         The Goods must be returned to us as soon as any defect is discovered.

 7.5         So far as possible, Goods should be returned:

 7.5.1     with both goods and all packaging as far as possible in their original condition;

7.5.2     securely wrapped;

7.5.3     including our delivery slip;

7.5.4     at your risk and cost.

8             Disclaimers

 8.1         We or our Content suppliers may make improvements or changes to Our Website, 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. This is inevitable in any large website.  We would be grateful if you bring to our immediate attention, any that you find.

 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     the truth of any Content on Our Website published by someone other than us;

 8.3.3     any implied warranty or condition as to merchantability or fitness of the Goods for a  purpose other than that for which the Goods are commonly used;

 8.3.4     compatibility of Our Website with your equipment, software or telecommunications connection.

 8.4         Our Website may contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website]

 8.5         We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

 8.6         In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

 8.7         The above two sub paragraphs do not apply to a claim for personal injury.

9             Content and Intellectual Property Rights

 9.1         We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in:   text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

 9.2         We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider.  We will strongly protect those rights in all countries.

 9.3         Except as set out below, 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.

 9.4         You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.

 9.5         Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

  10          Your email address

 10.1      You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

 10.2      You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

 10.3      You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

  11          System Security

 11.1      We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

 11.2      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 Our Website.

 11.3      You may not use any software tool for the purpose of extracting data from our website.

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

  12         Indemnity

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

  13          Miscellaneous provisions

 13.1      When we communicate with you we do so by email.  You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

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

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

 13.4      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.

 13.5      No waiver by us, in exercising any right, power or provision in this agreement 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.

 13.6      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.

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

 13.8      This Agreement shall be governed by and construed in accordance with the law of England & Wales.  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.