Terms Of Service PDF Print E-mail

1. ACCEPTANCE OF TERMS

Top Notch Cards brings you this website on condition you accept the following terms and conditions. Your use of this Website constitutes your agreement to all such terms, conditions and notices.

2.ORDERING FROM US

You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We can login to the website at anytime and view your order, detailing the products you have ordered. Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order. We may refuse to accept an order: (a) where goods are not available; (b) where we cannot obtain authorisation for your payment; (c) if there has been a pricing or product description error; or (d) if you do not meet any eligibility criteria set out in our terms and conditions.

3. PRICING

All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website. Our prices are reviewed periodically.

4. CANCELLATION AND RETURNS POLICY

If you wish to cancel your order: (a) you can notify us by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it before we have despatched the goods to you; or (b) where goods have already been despatched to you, by returning goods to us in accordance with clause below. You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you, unless the item is found to be faulty or damaged. Within the UK.

IMPORTANT:

Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required. The rights to return the goods to us as referred to will not apply in the following circumstances: - in the event that the product has been used or not in original condition.

These provision’s do not affect your statutory rights.

5. COPYRIGHT

All Website design, text, graphics, and the selection and arrangement thereof, and all source code and all other material on this Website are copyright Top Notch Cards or its content providers, unless otherwise expressly indicated. All rights are reserved. You are permitted to print or download extracts from this material for your personal use or use only. None of this material may be used for any commercial or public use. No part of the Website or any material appearing on the Website may be reproduced or stored in or transmitted to any other web site. No material appearing on the Website may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of Top Notch Cards. Any other use of the material and content of the Website is strictly prohibited. You agree that you will not (and will not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
You may not submit third party proprietary information to Top Notch Cards without first obtaining permission from the owner. Any Content provided by you in any other form of communication through this Website, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, unrestricted, world-wide licence allowing Top Notch Cards to use, distribute, copy, sub-license, adapt, transmit, publicly perform or display any such content. You agree to irrevocably and unconditionally waive on your behalf in perpetuity in respect of such Content the benefit of any provision of law known as moral rights of authors or any similar law in any country.

6. LINK TO THIRD PARTIES

This Website and the Top Notch Cards Sites may contain links to websites operated by parties other than Top Notch Cards. Such links are provided for your convenience only. Top Notch Cards does not control such websites, and is not responsible for their contents. Top Notch Cards inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

7.PRIVACY POLICY

Pursuant to Top Notch Cards privacy policy, we may disclose to third parties certain aggregate information collected from you when you register or while you use the Website, provided that such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. You should be aware that if Top Notch Cards is requested by the police or any regulatory or governmental authority investigating suspected illegal actives, or upon receipt of a court order, to provide any personally identifying information or the contents of any email and/or information concerning your activities whilst using the Website, Top Notch Cards shall do so. Also, Top Notch Cards reserves the right to disclose personally identifying information to third parties where a complaint arises concerning your use of the Website, and that use is deemed by Top Notch Cards to be inconsistent with these Terms and Conditions. You agree that you do not object to Top Notch Cards or such third parties contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

8.DISCLAIMER / LIABILITY

Use of the Website and the facilities thereon, and any material or information obtained from this Website is at your own risk, and Top Notch Cards hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, Top Notch Cards shall not be responsible for the failure of performance of this Website and/or the software used thereon; the loss of data or services resulting from delays, non-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Website.
In relation to Content uploaded by users, All such Content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of Top Notch Cards. Not withstanding any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law. Top Notch Cards will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website, or products or services offered on the Website, whether by Top Notch Cards or on its behalf, for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or (b) any loss of goodwill or reputation; or (c) any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. Nothing in these Terms and Conditions shall exclude or limit Top Notch Cards liability for death or personal injury resulting from the negligence of Top Notch Cards or that of its servants, agents or employees. You agree to indemnify Top Notch Cards in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement, or arising out of your use of any of the Top Notch Cards Sites.

9.SERVICE ACCESS

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

10.ACCESS RESTRICTION

Top Notch Cards reserves the right to deny in its sole discretion any user access to this Website or any other Top Notch Cards site, or any portion thereof, without notice. Top Notch Cards also reserves the right to remove any Content that it deems in its sole discretion to be unacceptable, undesirable or in violation of these Terms and Conditions.

11.GENERAL

These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Top Notch Cards concerning your use of the Website and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Top Notch Cards in relation to such matters. No oral explanation or oral information given by either party shall alter the interpretation of these Terms and Conditions. You confirm that in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that your agreement contained in this paragraph shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Terms and Conditions.
These Terms and Conditions of Use shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts. If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Top Notch Cards failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Top Notch Cards in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and Top Notch Cards.

Last Updated on Friday, 25 July 2008 05:17