Terms & Conditions

Terms and Conditions July 2008

Introduction / Definitions

This website (?the Website?) is operated by Ruboo Ltd, Green Sand Foundry, 99 Water Lane, Leeds, LS11 5QN, UK. Tel: 0844 243 5298 trading as Top of the Cue (referred to as "Top of the Cue/TOTC/we/our/us"). As the user of the Website (referred to as "you/your") you acknowledge that any use of the Website including any transactions you make ("use/using") is subject to our terms and conditions (?Conditions?) below (which includes any other important hyper-linked sections. Please: ? Read through these Conditions carefully before using this website ? Print a copy for future reference. ? Also read our Privacy Policy section regarding your personal information.

1. General

1.1 We reserve the right to change these Conditions at any time. Any such changes will take effect when posted on the Website (see date at the top) and it is your responsibility to read the Conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Website

2. Order Process

2.1 When you have placed on order through the Website, you agree that you have read and understood the Conditions, and agree to be bound by them.

2.2 You will receive an automated email confirmation of your order from the Website. If you notice any discrepancies these must be reported within 48hrs or receipt.

3. Payment

3.1 Credit/Debit Card Payment: We take payment in full at the time your order is placed through the website, unless otherwise specified at that time. You details are processed by our payment provider, Protx. Top of the Cue does not store any personal information other than that necessary to complete your order; name, address, email address, contact telephone number, shipping name, shipping address, shipping contact telephone number. Top of the Cue does not store any card details.

3.2 BACS Payment: We take payment in full at the time your order is placed through the website, unless otherwise specified at that time. Should you wish to pay by BACS we will provide the relevant details to you in a secure manner. The Website?s bank details must not be stored under any circumstances, and must be destroyed once payment has been actioned.

3.3 Cheque Payment: We take payment in full at the time your order is placed through the website, unless otherwise specified at that time. All cheque must be made payable to ?Top of the Cue?, and posted with a copy of your order to: Green Sand Foundry, 99 Water Lane, Leeds, LS11 5QN,UK. We will email confirmation when your cheque is received. Your order will not be booked in until the cheque is received at the address detailed.

3.4 No goods will be dispatched until payment has cleared into our bank account.

4. Delivery

4.1 Top of the Cue supplies all products direct from UK distributors/manufacturers/suppliers. Unless specified we do not have direct control over the couriers/fitters delivering products, and will not be held liable for any delays. We will inform you of any delays with your order as soon as we are notified.

4.2 All prices on the Website include free delivery to mainland UK addresses only (unless otherwise specified). Mainland UK is typically defined to exclude extremities (e.g. anywhere above Glasgow/Edinburgh, Scottish Highlands). Delivery of products to these areas may be subject to additional carriages charges, which will be quoted at the time of ordering.

4.3 Where applicable prices on the Website include free standard installation to mainland UK addresses (as defined in 3.1). Standard installation is to a ground floor room, in a property with drive/curbside access for a van/lorry, with no access issues to the property (such as tight corners, staircases, gravel/unpaved driveways, private access roads etc). Any delivery to a property requiring non standard installation may be subject to additional charges, which will be quoted at the time of ordering.

4.4 You will be contacted either by a member of Top of the Cue staff, or direct by our supplier to arranged a date for delivery prior to goods being dispatched. Most couriers delivery Monday-Friday unless otherwise specified, and you may be required to take time off work to receive larger items. Top of the Cue is in no way liable for loss of earnings due to delays as detailed in 4.1.

5. Damaged/Faulty Goods

5.1 Any damage/faults to goods must be reported to Top of the Cue within 48hrs of receiving the product/products. You can report damage/faults either in writing or by phone. We will then contact the relevant distributor/manufacturer/supplier to organise a replacement part/item.

We request that you contact us by email with photographic evidence (must) of the damage or fault to customerservice@topofthecue.com

5.2 Any damages/faults reported outside this timescale will not be eligible for replacement of parts/items and may be subject to additional charges. These will be confirmed at that time, and you will be liable to cover the cost of replacement/collection.

5.3 If the assembly service has been purchased this is the customers’ responsibility to check the product in front of the installer and any fault or error must be reported on the spot.

Topofthecue is cannot guarantee for free installation for any installation error once the installer/installers is/are gone. So we strongly recommend the customer to check the product properly after the installation in front of the installer and if there is any fault or error report them immediately.

6. Cancellations/Returns

6.1 Should you wish to cancel your order before goods have been shipped, you must contact Top of the Cue either in writing or by phone. We will then contact the relevant distributor/manufacturer/supplier to cancel. No money will be refunded until we receive confirmation that the goods have not been shipped. Should you have organised delivery via one of our own couriers, you may be subject to a return/restock charge. This will be confirmed to you at that time.

6.2 Should you wish to return an item you can do so within 7 working days. The item must be returned in the original packaging and unused and you may be subject to a collection/restock charge which will be confirmed to you at that time.

6.3 Liability for return postage costs on cancelled orders is the responsibility of the customer. We recommend returning your goods by recorded delivery.

6.4 Topofthecue cannot accept liability for packages damaged during transit. This is fully Customer's responsibility to wrap the product properly to prevent the damage.

6.5 All bespoke items (where you have specified certain colours, woods, additional branding, or any other type of variation which do not come as standard) are non-refundable.

7. Website Content / Intellectual Property

7.1 We attempt to keep the information on the Website as up to date as possible. Stock information, product images, and product specification are subject to change at any time, and Top of the Cue is not liable for any discrepancies on the Website.

7.2 You acknowledge and agree that all copyright, trademarks, trade names, logos and all other intellectual property rights in all materials and/or content made available as part of your use of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

7.3 You acknowledge and agree that the material and content contained within the Website is made available for your private and personal non-commercial use only and that you may only download or print such material and content for the purpose of using the Website. You further acknowledge that any other use of the material and content of the Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

8.0 Liability and Indemnity

8.1 Nothing in these Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

8.2 Subject to Section 8.1 above, Top of the Cue will use reasonable endeavours to verify the accuracy of any information on the Website but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be accurate timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. Top of the Cue will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and Top of the Cue accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Website.

8.3 Subject to Section 8.1 above, other than as expressly provided in these Conditions with respect to specific products and except for the exclusive remedies set out at Section 6 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

8.4 Subject to Section 8.1 above, Top of the Cue will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with these Conditions for any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings) or loss of goodwill or reputation or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Conditions.

8.5 Notwithstanding the above, subject to Section 8.1 Top of the Cue?s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

8.6 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

8.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

9. Miscellaneous Provisions

9.1 The laws of England and Wales shall exclusively govern the interpretation, application and effect of these Conditions. Any dispute between us will be resolved exclusively in the courts of England under English law. English is the only language offered for the conclusion of the contract.

9.2 Top of the Cue shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

9.3 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

9.4 You may not assign or sub-contract any of your rights or obligations under these Conditions or any related order for products to any third party unless agreed upon in writing by Top of the Cue.

9.5 Top of the Cue reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Conditions or any related contract to any third party.

9.6 If any portion of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Conditions shall not be affected.

9.7 These Conditions do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999 except: a) Top of the Cue shall have the right to enforce any rights or benefits under these Condition ; b) Top of the Cue shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these Conditions; c) a person who is a permitted successor or assignee under Section 9.5 above of the rights or benefits of these Conditions may enforce such rights or benefits. d) No consent from the persons referred to in Section 9.8 is required for the parties to vary or rescind these Conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

9.8 No delay or failure by Top of the Cue to exercise any powers, rights or remedies under these Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of Top of the Cue.

9.9 These Conditions including the documents or other sources referred to in these Conditions supersede all prior representations understandings and agreements between you and Top of the Cue relating to the use of the Website (including the order of products) and sets forth the entire agreement and understanding between you and Top of the Cue for your use of the Website to the exclusion of all other written or verbal representations, statements, understanding, negotiations, proposals or statements.

Special Offer Terms And Conditions

Top of the Cue offers are available to new or returning customers. Offers will end at close of business (5.30pm GMT) on the date specified. Promotional discounts on site, or voucher codes cannot be used in conjunction with any other offers. Top of the Cue reserves the right to end promotions and special offers at any time without notice.

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