Terms and Conditions
Terms and Conditions
1. Information about us
1.1 This website is operated by Top Of The Clops. Throughout the site, the terms “we”, “us” and “our” refer to Top Of The Clops.
2. Acceptance of the terms and conditions
2.1 Top Of The Clops offers this website, including all information and products available from this site to you, the user. Your use of this website confirms your acceptance of these terms. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website.
3. Varying Terms and Conditions
3.1 You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
4. Customer Accounts
4.1 You do not have to register an account to access the website. This is an optional feature to allow time saving when completing customer details on regular orders.
4.2 If you do not register an account you will not be able to collect our Rider Reward Loyalty points for money off future orders.
5. Website Accuracy, availability and updates
5.1 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and /or up to date.
5.2 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
5.3 Commentary and other materials posted on our site 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 materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5.4 We reserve the right to modify the contents of this site, including prices at any time.
5.5 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
5.6 Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product postage charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
6. Availability and Dispatch of goods
6.1 We always strive to deliver items as promptly as possible. As we are a small business we do not hold a large amount of stock. We aim to deliver all orders (apart from pre-orders) within 1-10 working days. However if you order an item we have in stock we will normally deliver your item to you within 2-6 working days.
6.2 If your order is going to take longer to be delivered than 10 working days we will contact you to discuss this. If you are not happy to wait for the item then we can issue a full refund.
6.3 When an order is placed you will receive an email confirming your order. This constitutes a contract between us and you as the customer. We will keep you updated about the progress of your order and you will receive an email with tracking information about fulfilment (posting) of your order.
6.4 We use Royal Mail and Parcel Force tracked signed for mail as our normal methods of postage however we have the right to make changes to this as required.
6.5 The postage costs for delivery in the UK are shown in the table below
|
Band 1 – Orders under £2.30 Tracked Mail |
£1.50 |
|
Band 2 - Small Order Shipping Order Under £9 Tracked Mail |
£3.75 |
|
Band 3 – Standard Shipping Tracked Mail |
£4.95 |
|
Band 4 – Free Shipping Orders over £65 Tracked Mail |
Free |
6.6 We do accept returns on most products - please see our returns policy for the full details of returns and refunds.
6.7 Some items such as certain riding boots may be custom made to fit your requirements. In these instances products will take longer for delivery as they are a bespoke item which will need to be produced by the manufacturer. In these instances we will keep you informed about the progress of your order
6.8 Customers who wish to purchase an item and have this delivered to outside of the UK, should contact us first rather than adding items to the cart so that we can confirm accurate pricing for postage. We can then raise a paypal invoice for the items needed
6.9 If you have added Pre-Order items to your shopping cart along with an item that is available then we will post all of your items at the same time when the pre-ordered item has arrived.
7. Billing, Payment and Security
7.1 Our website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Shopify Inc are a U.S. Provider but their Irish branch Shopify International Ltd receives our data within Europe.
7.2 Our website includes an SSL certificate that uses industry standard 256-bit encryption technology. This is the same level of encryption used by large banks to keep your information secure. This means our site is HTTPS rather than HTTP.
7.3 Shopify is certified Level 1 PCI DSS compliant and this transfers to our website. We use ‘Shop Pay’ (previously called Shopify Pay) to process credit / debit cards and information is always encrypted during transfer over networks.
7.4 Paypal, ApplePay and GooglePay are available for you to choose as a secure method of payment on all items. Please see the payment providers terms and conditions laid out on the their websites before making a payment if you want any further details on the security of your data.
7.5 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7.6 Apple Pay is available as a secure method of payment on all items for customers using Safari on iphones, ipads and AppleMac's. Customers must have as a minimum iOS 10 or macOSSierra enabled on their devices. When you select Applepay you do not need to manually enter your credit card details or shipping address as Apple Pay will provide this via the fingerprint scanning function.
8. Rider Rewards Customer Loyalty Scheme
8.1 Smile.io provides our customer loyalty rewards platform.
8.2 You will only be able to collect and use our Rider Reward Points if you create an account on our website and log into this each time you complete a purchase
8.3 You will receive emails confirming your Rider Rewards Points Earnt and Spent but you can click to unsubscribe at any time.
8.4 You will earn 3 Rider Reward Points for every £1 spent. So if you spend £50 you will earn 150 points, if you spend £100 you will earn 300 points.
8.5 Rider Reward points are worth £0.01p so earning 400 Rider Rewards will give you £4 off or earning 800 Rider Reward points will give you £8 off
8.6 At the checkout you will be shown how many Rider Reward points you have to spend and can chose to use them or continue saving them
8.7 Our Rider Reward Points cannot be used on any other website and cannot be exchanged for cash.
8.8 Rider Reward points will be deducted if an order is cancelled or refunded.
8.9 We reserve the right to amend the value of points or remove the scheme entirely without notice.
8.10 You will be given the option to earn extra points by following our social media pages and signing up for a Rider Reward account.
8.11 You can also collect 200 Rider Reward points each time you refer a friend, this will only be awarded if they go on to complete an order.
9. Visitor Provided Material
9.1 You may provide us with submissions such as testimonials, photos, videos or written feedback and by doing so you agree that we may, at any time, without restriction, edit, copy, publish, distribute and otherwise use in any medium any comments that you forward to us, unless you request for us to delete this data.
9.2 Customer names can be edited from testimonials or images if you tell us when providing it that you wish for an anonymised or first name only to be provided.
9.3 You will not post any harmful technological data such as viruses, trojan horse or other malwear to the website
9.4 We will fully co-operate with any criminal justice agencies or court orders requiring us to disclose the identity or other details of any person using this website
10. Personal Information
10.1 Your submission of personal information through the store is governed by our Privacy Policy which is available on our website
11. Conditions of Sale
11.1 All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
11.2 We reserve the right to discontinue any product at any time.
11.3 We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
11.4 We reserve the right to refuse orders that, in our opinion appear to be placed by dealers, resellers or distributors.
12. Prohibited Uses
12.1 Users are prohibited from using the site or its content:
for any unlawful purpose such as
- to solicit others to perform or participate in any unlawful acts;
- to violate any law or regulations
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
12.2 We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect users computer equipment due to your use of our site and we recommend all users ensure they have up to date virus protection.
13. Third Party Links To and From Website
13.1 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for the content or actions of these third parties and if you visit a link of a third party via our website you do so at your own risk
13.2 Complaints, claims, concerns, or questions regarding third-party websites should be directed to the third-party.
13.3 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. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site then please contact us by email.
14. Intellectual Property Rights
14.1 We are the owner of all intellectual property rights in our site, and material published on it. Those works are protected by copyright laws. The content of the website may not be downloaded, reproduced, transmitted, copied, stored, sold or distributed without the prior written consent of the copyright holder. This excludes downloading, copying and/or printing of pages solely for your personal, non-commercial use. All such rights are reserved.
15. Dispute Resolution
15.1 EU legislation on Alternative and Online Dispute Resolution requires all online websites that sell goods to commit to the use of Alternative Dispute Resolution and must inform consumers of the dispute resolution body/bodies by which they are covered. This is a legal requirement.
15.2 You can use the EU website platform to make a complaint about goods or services you bought over the internet and find a neutral third party ("dispute resolution body") to handle the dispute.
15.3 You can initiate this Alternative Dispute Resolution Process by visiting The EU Alternative Dispute Resolution Website.
16. Disclaimer and Warranty
16.1 All material on our website is provided without warranty of any kind. We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.
16.2 We accept no liability for any loss or damage a customer suffers of any kind as a result of using our website. Customers use this website at their own discretion
17. Governing Law
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
Terms and Conditions last updated on 29/03/24