Terms and Conditions
Terms and Conditions
Ascot Top Hats Ltd Incorporation Number: 5740259 VAT Number: 187 1852 74
Terms and Conditions v2.6 Date of Publication 07th June 2016
These Terms and Conditions shall apply to Your use of Our Site and any online or offline purchases by You. By using Our Site You agree to be bound by these Terms and Conditions set out below. If You do not wish to be bound by these Terms and Conditions, You should not use Our Site or order Goods from Us. These Terms and Conditions apply to both sales contracts and service contracts performed by Ascot Top Hats. Consumers are advised that Ascot Top Hats is under a legal duty to supply goods that are in conformity with contract.
We may change these Terms and Conditions from time to time and You should check these regularly and at every transaction to ensure that You are familiar with any changes. These Terms and Conditions are governed by English law. The jurisdiction for any disputes is England and Wales. If any court or regulator (within the governing legal jurisdiction) 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. These Terms and Conditions apply between Us and You. No other person is entitled to benefit under them. Terms and Conditions are broken down into different sections as follows:
- Terms governing the use of Our Website
- Terms governing the order of Goods or Services from Us
- Cancellation Form
- "Agreement" means these Terms and Conditions, any order form or instructions provided or made available to You.
- "Goods" means any goods or items which We may offer for sale, or provide a Service on from time to time.
- "Made to Specification" means any bespoke or customised Goods/Service that is provided by Us that requires Us either personalised goods or put physical work or alteration (using either Our Goods or Your own Goods) for Your order. Made to Specification includes any Goods that are non-prefabricated that are made on the basis of Your choice, or that are sourced or made specifically for your to order.
- "Personal Information" means Your personal details, which may be provided by You to Us via the Site or other form of communication.
- "Premium Delivery" means any additional delivery postage charges above Our basic rate postage, Premium Delivery Service which may include, but is not limited to: timed delivery, same-day courier, additional re-delivery, re-direction, re-sending of returned goods, replacement delivery and weekend delivery.
- "Registered Address" Our registered address; which is Beechey House, 87 Church Street, Crowthorne, Berkshire, RG45 7AW United Kingdom.
- "Service(s)" means any service which You may have requested Us (and We have agreed) to supply to You.
- "Site" means any Website or location where We operate Our business. It includes any physical place of doing business either at Our Registered Address, a Trading Address or other physical location where You interact with Us covering on-premises contracts, distance contracts and off-premises contracts. Distance Contracts may also be covered online, where the Site refers to Our location when conducting online business.,
- "Terms and Conditions" means these standard terms and conditions which govern the supply by Us of Goods to You and which are detailed in this document and any supplemental ones provided to as part of the Agreement.
- "Identified person" Means any person identified to be at the address You provide for delivery, or any person identified to be Your representative for pick-up or collection. You acknowledge that an Identified person is responsible for and authorised by You to inspect and accept possession of goods on Your behalf. An Identified person does not have to be specifically named.
- "We", "Us" ,"Our" and "Ascot Top Hats" mean Ascot Top Hats Ltd, A company Registered in England and Wales Incorporation Number: 5740259
- "Website" means the main website owned and operated by Ascot Top Hats principally www.ascot-tophats.co.uk and any other website owned, operated or provided by Ascot Top Hats Ltd or other form or Internet / online communication or Social Media service owned, operated or provided by Ascot Top Hats Ltd.
- "You", "Your" or "Yours" means You, the user of Our Site or the person having interaction with Us or ordering Goods or Services from Us.
3. Terms governing the use of Our Website
You agree that any use by You of Our Website shall be in accordance with the following conditions:
-Only consumer / personal non-business sales may be processed by You through Our webite. If you wish to purchase on behalf of a business please email us for for individual invoicing.
-You will not post or transmit through Our Website 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;
- You will not post or otherwise make available on Our Website any material, which You do not own without the express permission of the owner of the material;
- You will not photograph, copy, download, reproduce, republish, frame, broadcast, transmit in any manner; any material on Our Website except as is strictly necessary for Your own personal non-commercial home use;
- You will abide by the specific rules of any competition or promotion that You participate in on or via Our Website;
- You will not do anything that affects the operability or security of Our Website or causes unreasonable inconvenience or offence or disruption to Our staff;
- We reserve the right to terminate or suspend Your use of Our Website if You breach or We have reasonable grounds to believe that You are likely to breach these Terms and Conditions or We decide for administration, technical or any other reason at Our discretion, to cease provision of services from Our Website;
- We are not responsible for the availability of any third party websites, services or material You access through Our Website;
- We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such third party websites, Services or material;
- Any dealings between You and any third party, advertisers or merchants found on or via Our Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made exclusively between You and the relevant advertise, merchant or third party;
- If You sign up for an account, You are responsible for the security and proper use of Your account 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;
- Passwords must not be the same as Your username, name or email address and must be unique to use on Our Website and not re-used with other websites or systems;
- We will endeavour to provide Our Website using reasonable care . Except as required by law, We will not be responsible or liable for the availability, safety, quality, accuracy or fitness for a particular purpose of Our Website and do not promise that any of the functions contained in Our Website 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;
- Except as required by law, 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 Our Website;
- 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, or any other liabilities arising from any breach of these Terms and Conditions by You;
- All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of Our Website remain at all times vested in Us and Our licensors, or its respective 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, photograph, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately;
- Except as required by law, You acknowledge that by posting materials on Our Website; You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within Our Website and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials;and
- Stock Levels of Goods on Our Website are not guaranteed as accurate. We will endeavour to provide you with Goods ordered as governed by these Terms and Conditions.
4. Terms governing the order of Goods or Services from Us
Ordering Goods & Services
Goods and Services may be ordered from Ascot Top Hats Ltd by a number of methods:
- Online through the Website;
On premises contracts
- By appointment at our Address;
- Other Site or place of doing business; including, but not limited to, Trade Shows and Country Shows or events where We have a stand; and
Off premises contracts
- By appointment at Your place of residence.
You acknowledged that any second hand goods ordered by nature may not be free from minor defects (including but not limited to tears, wear, dents, creases, marks or holes or broken stitches) and may also have a reduced durability due to age.
You acknowledged and expressly agree that email can be used by Us (in addition to paper) as a durable medium. And communication in the English Language is considered to be legible.
Except as required by law, You acknowledged 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 any order. 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, or any other liabilities arising from any breach of these Terms and Conditions by You.
You acknowledged that any of Your goods or assets left with Us or at Our Site, for repair or any other reasons, may be considered "uncollected goods" if they are not picked up within 3 months of any agreed pickup date. If You do not collect them as arranged then you agree We may either dispose of or sell the goods or assets.
You acknowledge that if you access Our website indirectly via way of an external link to lower level page on Our Website, it may include links to information relating to old products or old prices that may be out of date; And You agree that when making an order; To access Our website though the primary domain name "home page" of Our Website under our control. And acknowledge that any order submitted via indirect access may not be honoured.
Payment for Orders
- For online orders; Prices accessed directly through our Website (via the primary domain name home page, not via indirect links) are correct at the time of publication.
- For non-online orders; Prices will be provided at our Site of business are correct at the time of publication.
- Goods/Service prices are exclusive of any delivery charges which may be added to Your final order.
- We reserve the right to alter any price in the future.
- Up to 1st June 2014 VAT is not applied on orders. From the 1st June 2014 We have applied for UK VAT registration.
- If you wish a VAT receipt or VAT Invoice please request one by contacting Us at firstname.lastname@example.org and we will send you one when our VAT status is approved. Our VAT receipts/invoices are done manually. All invoices and/or receipts (including automated invoices from Our Website) are not considered VAT invoices, except for formally requested VAT receipts or VAT Invoices that are manually processed by Us and marked with "VAT Receipt" or "VAT Invoice".
- When VAT is applied to Orders in UK, to another EU country, or internationally, the VAT rate applied will be as stipulated on the "VAT Receipt" or "VAT Invoice".
- For International orders outside the EU the Goods/Service price is as per publication.
- We do not operate the VAT Retail Export Scheme.
- For all International orders you remain responsible for payment of any customs charges or duties and import/export charges for any items that are sent to You, or returned by You. Postage prices on international orders placed through the Website is provisional. Until We receive Your order We cannot confirm postage/courier fees per country (or in-country remote area) until the order is processed. Should postage be significantly more expensive than We had quoted in Your placed order We may contact You requesting You to either pay additional postage or give You an option to cancel the order.
Methods for Payment
Payment may be made through the following methods:
- Online orders via Our Website can be made through PayPal. The PayPal Service allows payment by credit or debit card from some (but not all) countries;
- Other distance orders can be made with payment over the phone with a credit or debit card or We also accept cheques drawn from a UK bank account; and
- For orders placed in person payment can be made via credit card, debit card, cash or cheques drawn from a UK bank account. Cheque payments are only permitted subject to Our prior agreement and at Our discretion only. When permitted, cheques are subject to clearance and should be made payable to "Ascot Top Hats Ltd".
We reserve the right to charge an additional 1.5% processing fee for payments made by credit cards.
Ownership of Goods
Goods ordered remain the property of Ascot Top Hats Ltd until all payment is paid in full (including any postage). If any payment is withheld, withdrawn or not made within 30 days of initial purchase You agree that any Goods provided by Us will not be sent out, or if dispatch has already occurred You will return the Goods, and the return cost will be paid by You. Should items not be paid for, and not returned, You will be liable for any costs and legal fees We use to reclaim the Goods or compensation for Goods and cost incurred. If We are not paid We may instruct a debt collection agency or law firm to collect Our payment (including any interest and/or late payment charges) on Our behalf. In such circumstances You will be liable to pay an additional sum to Us which will not exceed the reasonable costs that We may have to pay the debt collection agency or law firm, who will add the sum to Your outstanding debt on Our behalf.
Any Goods which have been ordered by You and not collected or paid for within 30 days of the date of the order may be offered for re-sale by Us.
Unavailable or Out of Stock Goods
Should an order (excluding items Made to Specification) be out of stock or unavailable, We will within 30 days of You placing your order either
- Offer You a substitute of equal value;
- Offer You a substitute of less value with a difference refund; or
- Inform You of non-availability and provide You with a refund and cancel the contract.
If You wish to purchase substitute Goods of higher value, it will be considered an upgrade and the any additional cost must be paid by You before your order can be processed.
Delivery & Collection
Unless otherwise agreed:
- Items Made to Specification, and second-hand goods that may require work on the item prior to shipment and this could exceed 30 days. We will provide You with an indication of the time for completion at the time of acceptance of Your order;
- New Goods (excluding items Made to Specification) will normally be delivered within the UK within 14 days or less of clearance of funds but can take up to 30 days;
- For International deliveries transit time vary and may exceed 14 days from postage, depending on postage service used, and any International customs or other country clearance requirements;
- If items are delayed or anticipated to be delayed by more than 30 days from the date of purchase We will contact You with options available which may (with the exception of items Made to Specification) include cancellation of order;
- Any date of delivery provided by Us is give as an estimate only and may vary, We do not provide any guarantee of meeting any delivery times and time is not of the essence for the delivery of Goods or the performance of any Services
- Delivery may be in person by Us or Our representative, via courier, or other country Mail Service;
- A signature is normally required on acceptance, and international orders may require customs or other country clearance;
- You agree that for delivery of Goods to an address You provide, that any person identified to be at the address You provided for delivery (including if instructed, and permitted, delivery to a neighbour) is authorised to accept physical possession of goods, and that risk then passes to You on acceptance of delivery.
- If You are not available on the day of delivery then You may be required to go to the local post office or a pickup point as instructed by courier / postal service within a time instructed by the courier / Postal service, or comply with redelivery times and instructions by the service;
- The courier or delivery service may (but are not required to) attempt to re-deliver on a subsequent day (depending or service used in country). There will be a limit to the redelivery attempts (if re-delivery is provided).
-If You do not contact the delivery service in accordance with their instructions, or You do not comply with any customs or country clearance instructions and payments, the Goods may be returned to Us after a period of time. The period of time held will vary on the courier or delivery service used, or Customs service procedures;
- Change of delivery address is not normally permitted;
- Any additional requested re-deliveries, or any permitted change will be at Our discretion only;
- Any permitted additional requested re-deliveries, deliveries on weekends, and changes in delivery address may require additional charges, and are considered as a separate Premium Delivery Service;
- If You consider that time is of the essence We request that You collect the items in person, or You provide Your own representative who will be responsible to inspect, accept and transport goods in person on Your behalf Ex Works from our Address;
- Orders that are collected from our Address are by prior appointment only. Collection is at our exclusive agreement and availability and if permitted by at a time and date subject to Our availability; and
- In all cases, any collection and transport by You or Your representative is at your Own risk.
Cancellation by UK Customers
i. Cancellation of Not Made to Specification Goods and/or Services that are purchased via Our Website or by distance means:
If You are a UK consumer (individual customer) You may cancel your order within 14 days without giving any reason. The cancellation period will expire 14 days from the day on which You or Your representative acquires physical possession of the Goods.
If You are a UK non-consumer (business customer) then where permitted by law, cancellation of orders is at Our discretion. Please contact Us via email (email@example.com) to confirm if cancellation is possible and for further details.
To request to cancel You must notify Us immediately by email to firstname.lastname@example.org. You must provide Us with a clear statement of Your decision to cancel this contract. You may also fill in and submit the model Cancellation Form or any other clear statement on Our Website. If You use this option, We will communicate to You an acknowledgement of receipt of such cancellation..
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.
We cannot guarantee that We will be able to stop Your order once We receive notice of cancellation as the Goods may already have been despatched. In these cases the Goods will need to be returned to Us.
If You cancel your Order, for UK consumers: We will reimburse to You all payments received from You, including the costs of delivery (except for the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by Us).
We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling by You.
We will make the reimbursement without delay and not later than:
- 14 days after the day We receive back from You any Goods supplied, or
- (If earlier) 14 days after the day We have evidence that You have returned the Goods, or
- If there are no Goods supplied, 14 days after the day on which We are informed about your decision to cancel this contract.
We will make this reimbursement using the same means of payment as You used for the initial transaction, unless expressly agreed otherwise; in any event You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until We have received the Goods back or We have evidence of You having sent back the Goods, whichever is the earliest.
You should send the Goods back or hand them over to Us ( by appointment) at Our Address without undue delay and in any event not later than 14 days from the day on which You communicate Your cancellation from the contract to Us. The deadline is met if You send the Goods back before the period of 14 days has expired.
We may recover by deducting from the refund an amount for any diminished value (up to the contract price) of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
You will have to bear all the costs of returning the Goods.
ii. Cancellation of Not Made to Specification Goods and/or Services that are purchased in person at Our Site of Business:
Where permitted by law; Cancellation of orders made in person (Dependant if On or Off Premises) of Goods and/or Services Not Made to Specification is at Our discretion.
iii. Cancellation of Made to Specification Goods and/or Services that are purchased via Our Website or by distance means, or in person at Our Site of Business:
Where permitted by law; Cancellation of orders of Goods and/or Services Made to Specification, for orders for personalised Goods, or Goods which are liable to deteriorate or expire rapidly is at Our discretion only
Cancellation by International Customers
Where permitted by law, cancellation of orders is at Our discretion. Please contact Us via email (email@example.com) to confirm if cancellation is possible and for further details.
Replacements, Exchanges & Other Returns
Please contact Us via email (firstname.lastname@example.org) to confirm if replacement is possible and for details of our acceptable return service, and the Address to send/return items to.
You are responsible for the costs of returning Goods to Us, unless explicitly agreed to by Us in writing in You.
If You wish to exchange or replace an order, We may request additional payment for postage costs for sending replacement goods, or for resending returned goods. Additional payment charges will be considered a separate Premium Delivery Service.
If a return for replacement was because of an error on Our part, upon the return of Goods to Us; We may (at Our Discretion) refund the initial delivery charges in sending the order to You, and We may (at Our Discretion) also refund Your costs in returning it to Us (subject to sending via the agreed acceptable return service).
If return was because of an error on Your part, (e.g. Goods are sent using data or details provided by You to Us, which turns out the be in error); We may request You to pay for any additional return costs, or that the cost of return be deducted if a refund is applicable.
If Your order is refused or returned, by You, The Customs or the delivery agent/postal service in Your country, due to inaccurate data provided to US by You, Your non availability, or Your refusal to take delivery. You may be responsible for the return costs including any additional fees incurred by Us in the return.
If Your order is returned and you request it to be resent out, We may request You to pay for an additional Postal charge as a Premium Deliver Service, before re-sending of returned goods.
Where permitted by Law, any additional costs not paid by You and incurred by Us in any return process (including but not limited to return import taxes and duties, or unpaid return postage and charges) may be deducted from any order value prior to any refund (if applicable) being made.
If the cost to return the items is disproportionately costly to the value of the order; You agree that We may (at Our discretion) opt to have the Customs or the delivery agent/postal service dispose of the order. If disposal is exercised; Where permitted by Law the costs (up to the cost of the order being disposed) that would have been incurred by Us in any Return Process, may be deducted from any order value prior to any refund ( if applicable) being made.
Care of Goods
You agree to keep the Goods that are to be returned in reasonable condition and return Goods promptly to Us. You agree reasonable is interpreted as including: Goods will not be used apart from the minimal required level to try the Goods upon initial receipt, and that any tags will not be removed. When returned to Us Goods will be subject to examination by Us.
We request that original postal packaging is also to be returned.
Damaged or Faulty Goods & Complaints
If You receive Goods sent by Us that are damaged in receipt please notify Us within 24Hours of receipt of delivery via email to email@example.com for return instructions.
If the Goods received are obviously damaged We require You to sign any delivery acceptance as "damaged" upon receipt.
Please keep the original packaging and return to Us if requested. We may also request You to send photographic evidence of damaged items.
If You discover a fault with any Goods You must report it promptly. Any returns must be from the person who purchased the Goods or Service from Us.
If a fault is discovered after 6 months from purchase, We require You to provide proof of purchase, and proof that the Goods or Service were faulty when initially purchased.
For Goods sold to the UK that have already been accepted, and that We acknowledge as being faulty; We will within a reasonable time and upon return of the Goods (if requested by Us) at Our discretion offer to:
- Repair the goods; or
- Replace the goods with a similar item
If We cannot do the above We will:
- Offer that You keep the Goods and offer You a reduction on the purchase price to compensate for the fault; or
- Offer that You return the Goods and rescind the contract, then offer You a refund.
For Goods sold to the UK that have not yet been accepted by You and that We acknowledge as being faulty; We will offer to:
- Repair the Goods
- Replace the Goods with a similar item;
- Offer You a credit note;
- Offer You a reduction on the purchase price to compensate for the fault; or
- Offer You a refund.
For Goods sold internationally that have already been accepted, and that We acknowledge as being faulty: We will review each case on the specific situation.
When reviewing goods for refund or replacing We will take into account if the initial purchase price of goods reflected any reduction (Including but not limited to Goods being second hand or purchased with faults) when they were accepted, and also any interim use, wear and tear when considering and assessing quality and being fit for purpose and the refund amount.
If You have a complaint our complaint handling policy is for You to notify Us in writing via email to firstname.lastname@example.org and We will address it internally.
We are committed to ensuring that Your information is secure. In order to protect the privacy of Your Information We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information We collect both off and online.
We will maintain and process Your Financial Information in compliance with PCI DSS requirements.
We may collect the following information:
- Title, Rank, name, number, occupation, organisation, position;
- Contact information including but not limited to: email address, postal addresses, phone numbers;
- Demographic information including but not limited to: Physical location, digital IP address;
- Personal preferences and interests;
- Online browsing data and cookies;
- Anthropometric data; and
- Other information relevant to surveys and/or offers.
We require this information to understand Your needs and provide You with a better service, and in particular for the following reasons:
- Internal record keeping;
- To improve Our products and services;
- To send promotional emails and newsletters about new products, special offers or other information which We think You may find interesting using the email address which You have provided;
- To customise Our Site according to Your interests;
- To supply to Our suppliers and subcontractors and Business Partners to provide delivery or transmission of services or goods, processing of Your orders and queries, and the upkeep of Our Site;
- To conduct market research, including statistical analysis of user behaviour; and
- In order to enable Us to comply with any requirements imposed on Us by law.
A cookie is a small file which asks permission to be placed on Your computer's hard drive. Once You agree, the file is added and the cookie helps analyse web traffic or lets You know when You visit a particular site. Cookies allow web applications to respond to You as an individual. The web application can tailor its operations to Your needs, likes and dislikes by gathering and remembering information about Your preferences.
We use traffic log cookies to identify which pages are being used. And other cookies may be used in for Your account interaction to our Website. This helps Us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and account management. Overall, cookies help Us provide You with a better website, by enabling Us to monitor which pages You find useful and which You do not. A cookie in no way gives Us access to Your computer or any information about You, other than the data You choose to share with Us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. This may prevent You from taking full advantage of the website.
Please contact us on email@example.com if you require further information on what cookies we maintain.
We may contact You in person, by post, email, SMS, IM, phone, fax, mail or other online telecommunication, or social media system.
You may choose to restrict the collection or use of Your personal information in the following ways:
- Whenever You are asked to fill in a form on Our Website, look for the box that You can click to indicate that You do not want the information to be used by anybody for direct marketing purposes
- If You have previously agreed to Us using Your personal information for direct marketing purposes, You may change Your mind at any time by emailing Us at: info@ascot- tophats.co.uk.
We will not sell Your personal information to third parties unless We have Your permission.
You may request details of personal information which We hold about You under the Data Protection Act 1998. A small fee will be payable. If You would like a copy of the information held on You please write to firstname.lastname@example.org.
If You believe that any information We are holding on You is incorrect or incomplete, please write to or email Us as soon as possible, at email@example.com. We will promptly correct any information found to be incorrect.
6. Ascot Top Hats Cancellation Form
Ascot Top Hats Ltd
<INSERT RETURN ADDRESS>
I/We [*] hereby give notice that I/we [*] wish to cancel my/our [*] contract of sales of the following goods [*] / for the supply of the following service [*],
Order on [*] /received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on Paper)
[*]Delete as appropriate.