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These Terms and Conditions shall apply to Your use of the Site and any online or offline purchase.
By using this Site You agree to be bound by the terms and conditions set out below. If You do not wish to be bound by these terms and conditions, You should not use the this website.
We may change these Terms and Conditions from time to time and so You should check these regularly. Your use of this Site will be deemed as agreement and acceptance of the terms existing at that time.
1. Definitions
"You" means You, the user of the Site and "Your" shall be interpreted accordingly. "We/Us" and "Ascot Top Hats" means Ascot Top Hats Ltd Incorporation Number 5740259 and "Our" shall be interpreted accordingly. "Site" means the Internet Service provided by Ascot Top Hats Ltd on the world wide web on any of Our websites. "User Information" means the personal details, which may be provided by You to Us via the Website or other form on communication. "Users" means the users Website collectively and/or individually as the context admits.
2. Acceptable Use
You agree that any use by You of the Site shall be in accordance with the following conditions:
2.1 You will not post or transmit through the Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon Our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.
2.2 You will not post or otherwise make available on the Site any material, which You do not own without the express permission of the owner of the material.
2.3 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Site except as is strictly necessary for Your own personal non-commercial home use.
2.4 You will abide by the specific rules of any competition or promotion that You participate in on or via the Site.
2.5 You will not do anything that affects the operability or security of the Site or causes unreasonable inconvenience or offence or disruption to Our staff.
3. Third Party Websites
3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Site.
3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.
3.3 Any dealings between You and any third party, advertisers or merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
4. Intellectual Property
4.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Site shall remain at all times vested in Us, Our licensors, or other Owner. You are permitted to use Our material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
4.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
4.3 You acknowledge that by posting materials on Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
5. Liability for and information provided on the Site
5.1 We will endeavour to provide the Site using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Site and do not promise that the material contained in the Site, or any of the functions contained in the Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
5.2 We will not be responsible or liable to You for any loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Site.
6. Privacy
6.1 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
6.2 You may be asked to input information about Yourself on different pages of the Site. We will use the information You provide to Us for any purpose that is set in Our Privacy Policy, as well as any additional specific uses stated at each location where such information is requested.
6.3 Please use the contact form on the Site to notify Us of any changes (note: do not send sensitive information such as fiscal details via this method) to Your information You have previously given or if You wish to withdraw Your consent to Our using Your User Information for the stated purposes or for any form of promotional contact.
7. Safety
We give Our ongoing commitment to ensuring through Our policy of safety that You can use the Site with confidence.
8. Indemnity
You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Site or any purchase.
9. Termination
We reserve the right immediately to terminate Your use of the Site if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.
10. Feedback
Should You wish to make any comments to Us about the Site or if You have any questions relating to the same please contact Us using Contact Feedback Form on the Site.
11. Account Username and Password
11.1 If you sign up for an account, each user is responsible for the security and proper use of their username and password. It is Your responsibility to change Your password immediately if You believe it has been compromised. It is also advisable to change these details frequently even if not considered compromised.
11.2 When choosing it must meet the minimum and maximum number of characters and including both alphanumeric characters and must be used without any spaces. It is advisable not to use obvious dictionary words eg password or consecutive numbers or letters or obvious personal information such as names of people or pets or date of birth. Passwords should not be the same as Your username, name or email address and should be unique to use on Our Site and not re-used with other websites or systems.
11.3 We may suspend or terminate your account access via username and password if these terms and conditions are breached, or at any time at Our discretion.
12. Ordering, Payment, Delivery & Returns
12.1 Prices remain valid for the day of publication only, check for up-to-date prices at www.ascot-tophats.co.uk. The site maintains the only valid prices. Hats can be ordered from Ascot Top Hats Ltd by a number of Methods. Online orders via the Internet are processed through OsCommerce and www.Paypal.com. Credit Cards and Debit Cards may be used for purchases over the phone. For orders in person payment can be made via; Credit Card, Debit Card, Cash or UK Cheque ( with Cheque Guarentee Card). If you wish to mail a payment it is at Your risk. Please send any communication to our registered address.
12.2 Registered Address: Ascot Top Hats Ltd, 20 Hamilton Drive, Ascot, Berkshire. SL5 9PP United Kingdom.
12.3 Cheques should be made payable to Ascot Top Hats Ltd, and are subject to clearance. We can accept VISA, MasterCard, Amex, Solo, and Maestro, Credit or Debit Card over the Phone or in Person.
12.4 We are not VAT registered, and so VAT is not added to orders either in the UK or International. For International Orders you remain responsible for payment of any customs tax, duty, inport/export charges for any items that are sent to you.
12.5 Our site is configured for UK and International Postal payment options. UK has a flat fee service, and Internationally it is based upon a standard per item postage charge. If you are ordering multiple items Internationally you may wish to contact us for a postage quote to see if we can find an alternative postage option. Please call us on +44 1344 638 838 or email info@ascot-tophats.co.uk for delivery charges and payment options prior to any purchase.
12.6 Delivery process starts when payment has taken place into Ascot Top Hats Ltd account. New goods ( not marked made to order) will normally be delivered within the UK within 14 days or less of clearance of funds. International deliveries may have international transit time in addition to the standard UK 14 day delivery process. Delivery of Antique hats may vary if any work or refurbishment of the item is required prior to shipment and could exceed 30 days. Should an order be out of stock or unavailable, we will inform you within 30 days as per Distance Selling Regulations (DSR) - contract performance. You agree that the initial 30 day periods will begin from clearance of payment funds, and at that point we will provide a final delivery date for you within the next 30 days. With the expecton of made to order items, should we not meet the total 60 day period you will be entitled to request a refund and contract is cancelled.
12.7 We are confident that You will be happy with Your purchase from Ascot Top Hats Ltd. Though if You wish to return an item because, please contact us via email (info@ascot-tophats.co.uk) or in writing to our registered address prior to returning the item, to confirm an approved method to return the item(s). If it was on because of an error on our part, we will be happy to refund the full cost of item, the delivery charges in sending the item to You and Your costs in returning it to Us. In all other cases you are responsible for the delivery charges in sending the item to You, any return postage costs any sebequent replacement item resending costs.
12.8 In compliance with the United Kingdoms DSR, UK customers have the right to cancel the contract for the purchase of any item within 7 working days from date of delivery except for those items purchased or manufactured to Your specification ( your specification includes but is not limited to: Traditional Hat amaking, Antique Top Hats, modified items with options such as hunting pads, and any made to order listed item ( e.g. fur felt hats and spats). You must notify us in writing of your request to cancel under DSR either via a letter stamped with proof of postage by the royal mail sent to our registered address, or via email to info@ascot-tophats.co.uk within the 7 day period. All other returns are subject to Ascot Top Hats Ltd sole discretion. Subject to these conditions we will credit You with a refund for the price You have paid for the item(s) within 30 days. Should you wish to cancel and return an item under DSR, then You will be responsible for returning the item(s) until they are received by Us. You will be responsible for the charges and the costs in connection with the return including any postage fees. You have a statutory duty to keep the items in reasonable condition and return them promptly to us, You agree this is interpreted as meaning items are to be returned to Us after careful examination (but not used) by yourself, with their tags unremoved. We request that original Packaging is also to be returned. Items returned are to be received by Us within 14 days of delivery to You. Should an item be returned in less than the reasonable condition, or you have not payed the full return costs, we have a right to charge you for breach of the statutory duty with any associated cost.
12.9 If Items are not returned to Us within 30 days of delivery to you, it will be considered by Us to be a breach of Your statutory duty and We can charge You for the direct cost of recovery.
13. General
13.1 Invalidity. If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
13.2 Governing Law. These terms and conditions and the Site are governed by English law. Disputes can be dealt with by the English courts.
13.3 Third Party Rights. These terms and conditions apply between Us and Users. No other person is entitled to benefit under these Terms and Conditions.
2009 Ascot Top Hats Ltd. |