All items purchased from www.topace.co.uk are subject to the terms & conditions set out herein.

USE OF WEBSITE

1. These Terms and Conditions will apply when you access our website and use our online ordering service. They explain your rights

and obligations. Please read them carefully. You may have other rights granted by law and these Terms and Conditions do not affect

these except if the two are inconsistent. If this is the case then these Terms and Conditions will override any other rights which you

may have, unless this is not permitted by law.

2. By using this website you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these

terms and conditions you should not use or access this website.

SECURITY OF YOUR ACCOUNT

3. You are responsible for maintaining the confidentiality of your account details, including passwords. We shall not be liable to you for

any loss occurring as a result of failure by you to maintain the security of this information.

4. We reserve the right to refuse access to the website, terminate personal accounts, amend and remove content and cancel orders (at no

cost to you).

5. The information you provide to us must be complete, correct, and up to date. If you fail to provide complete and correct information,

or fail to promptly update it when there are changes, this will be a breach of your agreement with us. We reserve the right to cancel

any order and/or disable or delete any account where: we find that the information you have provided us is not complete, correct, and

up to date; your account is used in connection with fraud, illegality, offensive or abusive conduct, the infringement of intellectual

property rights, or to cause anxiety or annoyance to any person, or we reasonably suspect any of the foregoing or your involvement in

them; we find that you received incomplete, or incorrect information before you placed your order.

WEBSITE USE

6. We make every effort to ensure that our website is free from viruses and defects. However it is your responsibility to ensure that your

computer is properly protected and updated with specialist screening software available to screen out anything which may damage it.

We cannot guarantee that using this website or other websites which can be accessed through our website will not result in any

damage to your computer.

7. We shall not be liable to you for any loss or damage which may arise to computer equipment as a result of using this website or any

websites accessible through it

MAKING A PURCHASE

8. To purchase from us you must be over 18 years of age.

9. After you have placed your order we will send you an order acknowledgement by email. Our acceptance of your order and

completion of our contract with you does not take place until the goods are dispatched to you. We will not be held wholly or partly

responsible for any circumstances beyond our reasonable control, which cause the delay or failure to deliver the goods or services, or

to comply with any other obligation.

10. The goods will be at your risk from the time of delivery

11. You shall not own the goods until we receive payment in full and cleared funds from you.

DESCRIPTION OF GOODS

12. We have made every effort to accurately represent the information and colours of products on this website. However, as colours vary

between different monitors, we cannot guarantee that your monitor’s display will accurately reflect the actual product colour.

13. To the extent permitted by law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any

of the content of this website. We shall not be liable to you for any loss or damage which may arise from the use of any of the content

of this website.

PRICING

14. Prices shown on the site are exclusive of VAT. There is however an additional delivery charge to be added for all goods. The total

amount payable including delivery charge will be displayed before the order is confirmed by the customer & the order is placed.

15. Prices are liable to change without notice, however product price changes will not affect orders which have already been placed and

an order dispatch email has been received. If the price of an item is reduced after an order is placed the difference will not be

refunded.

16. We also reserve the right to change the price of any item on the website where that item has been priced incorrectly. If we find the

price of the goods you have ordered has changed from the amount set out on the website when you placed the order with us, we will

contact you and ask if you wish to proceed. If you confirm that you do wish to proceed then please remember that we will still not be

under an obligation to supply the goods until we have confirmed that we have both accepted your order and that it has been

dispatched. No contract will exist until we have confirmed this. If you confirm that you do not wish to proceed, your order will be

cancelled and neither of us shall have any further liability to the other.

PAYMENT

17. All payments must be made at the time of placing the order by debit or credit card. We accept Visa, Mastercard, Switch and Maestro.

If we are unable to accept your order then we shall, at our option, either not debit your debit or credit card or if payment has been

taken, refund to your debit or credit card any money paid by you in respect of that order.

DELIVERY

18. We aim to deliver goods to you within the time indicated by us in our acceptance but we cannot give an exact delivery date and any

delivery date is merely an indication of the delivery timescale. We may also deliver the goods in several consignments but if we do

this we will not charge you any extra for delivery. If we have not delivered the goods within 30 days of the date given in our

acceptance then you may at your option cancel the contract and we will refund any money paid by you. This will be your sole remedy

and we shall have no further liability to you.

19. In the event that we are unable to deliver the goods to you within 30 days of the date given in our acceptance due to stock

unavailability or other difficulties beyond our control we may at our option cancel the contract and we will refund any money paid by

you. This will be your sole remedy and we shall have no further liability to you.

20. If only part of your order is available, we will dispatch the items that are in stock and cancel the out of stock items. You will not be

charged for any items that are not sent to you.

CANCELLING YOUR ORDER - DISTANCE SELLING REGULATIONS

21. Under the UK’s Distance Selling Regulations you have the right to cancel your order within 7 days of purchase for a full refund. To

cancel an order you must inform us in writing (email, fax or post) within 7 days of purchase and return the item(s) to us.

RETURNS - SEVEN DAY COOLING-OFF PERIOD

22. In addition to our returns policy, under the Distance Selling Regulations you have seven working days (beginning the day after

receipt) to cancel your purchase. In this case, we will refund the price of the goods in full, including the cost of sending the item to

you. However, you will be responsible for the cost of returning the item to us.

23. We reserve the right to refuse a refund for items returned that are not in a re-saleable condition. Re-saleable condition, means

returning goods in their original packaging, unworn, unwashed and complete with their original labels.

24. If an incorrect item has been sent to you, or it is faulty or damaged we will refund the delivery charges that you have paid to receive

that item unless it was sent to you with other items that you are not returning.

25. We will only refund the price of the item to the purchaser once it is received by us. Following receipt by us, it may take up to 14

working days to credit the purchaser’s account.

REPLACEMENT POLICY

26. If you would like an alternative item or size, please return the unwanted item(s) in mint condition and place a new order for the

item(s) which you would like. We will refund you for the returned items as per our standard policy.

PRIVACY

27. We are committed to protecting the privacy of our site visitors and customers and treat all your personal information as confidential,

though we do reserve the right to disclose this information in specific circumstances as described in these Terms and Conditions. We

confirm that any personal information that you provide to us is held in accordance with UK Data Protection legislation.

28. Your personal information may be disclosed to third parties who assist us in processing your order. We require all such third parties

to treat your personal information as confidential and to comply with all applicable UK Data Protection legislation.

29. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected

illegal activities to provide your personal information, we are entitled do so.

COLLECTION OF PERSONAL INFORMATION

30. We continuously monitor this website and may capture information about your visit that will help us improve our service to you.

When using this website, we will collect personal information from you such as your name, address, e-mail address, telephone

number, payment information and a password.

31. Whilst on our website, we may also collect user information about your location (e.g. an IP address), the pages of our website that

you visited and any search terms that you used. We may collect this information even if you do not register with us.

32. We use cookies to keep track of your current shopping session and to personalise your experience, so that you may retrieve your

shopping basket at any time. Our Cookies do not contain any personally identifying information.

USE OF PERSONAL INFORMATION

33. We only use your personal information for the following purposes:

(i) Processing your orders;

(ii) For statistical or survey purposes to improve this Website and its services to you;

(iii) To administer this Website;

(iv) If you consent, to notify you of products or special offers that may be of interest to you.

34. When you register or order online you will be given the opportunity to receive information from us about our products, promotions or

special offers. If you do not wish to be contacted for such purposes, please ensure that you tick the appropriate box as you go through

the process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe"

in the subject line, by e-mailing us at www.topace.co.uk.

35. You confirm that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing.

OWNERSHIP AND INTELLECTUAL PROPERTY

36. All intellectual property rights, trademarks and copyright for all material on the website are owned by us. You may use any of the

information within website or your personal use only. You agree not to copy, transmit, reproduce, publish or distribute any material

from the website or use any information for non-personal or commercial purposes. You may print extracts from the website or

download and copy information to a local hard drive for your personal use only. You may not link to or frame the website or any part

of it without our express permission.

GENERAL INDEMNITY

37. You agree to indemnify us fully from any and all claims, liabilities, damages, costs and expenses (including legal fees) arising from

your breach of these Terms and Conditions.

LIMITATION OF OUR LIABILITY

38. We warrant to you that any goods purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes

for which goods of the kind are commonly supplied.

39. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the goods you

purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could

be contemplated by you and us at the time your order is accepted by us.

40. This does not include or limit in any way our liability:

(i) For death or personal injury caused by our negligence;

(ii) Under section 2(3) of the Consumer Protection Act 1987;

(iii) For fraud or fraudulent misrepresentation; or

(iv) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

41. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by

you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data,

waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or

otherwise, even if foreseeable.

STATUTORY RIGHTS

42. Nothing contained within these terms and conditions shall affect your statutory rights.

GENERAL INFORMATION

43. We advise you to print a copy of these Terms and Conditions and your order for your information in the future, as we may not

necessarily keep a copy of these.

ALTERATION TO THE TERMS AND CONDITIONS, WAIVER & GOVERNING LAW

44. We reserve the right to amend these terms and conditions if necessary. You will be subject to the terms and conditions at the time that

you use the website unless any change is required by law or government authority. If any of these terms and conditions is deemed

invalid or unenforceable by any competent authority, that condition will be removed. This will not affect any of the remaining terms

and conditions. Any delay or failure by us to exercise our legal rights within our contract with you should not be seen as a waiver of

our legal rights.

WAIVER

45. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation

where you breach the conditions.

GOVERNING LAW

46. These terms and conditions are governed by and will construed in accordance with the laws of England. You and we agree to submit

to the exclusive jurisdiction of the English Courts.

47. Any contract between us shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over

any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.

ENTIRE AGREEMENT

48. These terms and conditions constitute the entire agreement between the parties and supersede all previous agreements between us.