Please read the following carefully. This page (together with our privacy policy) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on https://toptrumps.com or such other websites which may replace it from time to time (our “website”) to you.
• Shopping with https://toptrumps.com
• Contract
• Price
• Payment
• Promotional Voucher Codes
• Products
• Delivery
• Copyright and Trade Marks
• Privacy and Data Policy
• Returns
• 30-day money-back guarantee
• Statutory cooling off rights
• Returns Process
• Winning Moves Liabilities
• Winning Moves Responsibilities
• General
• Notices
• Contacting Us
1. SHOPPING WITH TOPTRUMPS.COM
1.1. We are Winning Moves UK Limited (“Winning Moves”, “we”, “us” or “our”) and we are registered in England and Wales with Company number 3527331. Our registered office is 7 Praed Street, London W2 1NJ. Our UK VAT number is GB 815 2828 29.
1.2. You can order Products in the following ways:
1.2.1. online via the website
1.2.2. by telephoning +44 (0)203 920 6834
1.2.3. by Post: Winning Moves UK Ltd, PO Box 687, Rochdale OL16 9LJ
2. HOW IS A CONTRACT FORMED BETWEEN YOU AND WINNING MOVES
2.1. When you place an order for a Product by using the website you are offering to buy it for the price shown on the website, subject to these Terms.
2.2. Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order on each page of the order process.
2.3. We will take payment as per clause 4 when you place your order online. We will check Product availability and contact you by email to confirm that your order has been accepted. This email is our acceptance of your order and will specify delivery details.
2.4. If the Product is unavailable we will decline your order and send you an email explaining this and any payment made for the Products will be refunded in full.
2.5. Please be aware that once the following takes place:
2.5.1. you have successfully placed an order;
2.5.2. we have accepted it; and
2.5.3. it has been received by our warehouse.
We are unable to amend the order or details provided. Please note that this does not affect your right to cancel a contract by clause 12.1.
2.6. You should print a copy of these Terms or save them to your computer for future reference.
2.7. Winning Moves may cancel any contract between you and us and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If we cancel your order, any payment made for the Products will be refunded in full.
2.8. Each order that we accept will be a separate contract between you and us and each contract will be subject to these Terms.
3. PRICE
3.1. The price for each Product is shown on the website and includes any relevant sales taxes (such as VAT) at the current rate.
3.2. We always try to make sure that the prices on the website are accurate but errors may occur. If we discover an error in the pricing of the Products that you order we will notify you as soon as possible using the contact details you supplied to us when placing your order. We will then give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to reach you within 7 days of our notice we will treat the order as cancelled. If you cancel, any payment made for the Products will be refunded in full. If you confirm, you must pay the difference before we despatch the Product.
3.3. You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify. (Please note that the ‘UK Free Shipping’ option uses Royal Mail 48 which is the corporate equivalent of 2nd Class postal service and has an estimated delivery of 3-5 working days to UK addresses. It is not a guaranteed 48-hour delivery service.)
3.4. Prices are quoted on the website in UK pounds sterling. Outside of the UK, your credit card company should exchange the amount charged to the currency of your country at the current rate. Please note that both charges and refunds shall only be made in GBP sterling and we cannot be held responsible for any loss due to exchange rate fluctuations.
4. PAYMENT
4.1. You must provide full and accurate payment details (e.g. credit card, debit card or PayPal) at the point of submitting your order.
4.2. We will take payment from your credit card, debit card or PayPal account as soon as you place your order.
4.3. We currently accept VISA, VISA Electron, MasterCard, Maestro, Delta, Switch/Solo, American Express and PayPal.
4.4. If your delivery address is outside of the UK and you place your order via the website you can pay in pounds sterling or Euros by credit card or PayPal.
4.5. To ensure that shopping online is secure when paying by credit or debit card your details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also carry out additional security checks to confirm it is you making the order. In the event your card is declined please contact your card issuer to authorise the transaction.
4.6. In the UK, for mail or purchase orders you may pay by cheque. Please make cheques payable to 'Winning Moves UK Ltd’ and remember to include postage (if applicable). Please also send us a cover letter detailing your Order request, ensuring your name and address are printed on the back of the cheque.
4.7. Orders paid via cheque will not be dispatched until funds have cleared.
5. PROMOTIONAL VOUCHER CODE TERMS
5.1. If you have received a promotional voucher from us, only one such promotional voucher code can be redeemed per order.
5.2. Promotional voucher codes are issued from time to time at our discretion. We reserve the right to cancel promotional voucher codes at any time without notice and without giving a reason.
5.3. Promotional voucher codes have a cash redemption value of 0.001p and are not transferable.
5.4. Promotional voucher codes may not be used in conjunction with any other offer, discount or promotion.
5.5. Promotional voucher codes may not be sold. For the avoidance of doubt, this includes auctions and other online sales.
5.6. Certain Products cannot be purchased with promotional voucher codes. Such Products include sales items.
5.7. The issuing of promotional voucher codes may be restricted (for example, one per email address). Please see the promotional page, banner or email for details.
6. PRODUCTS
6.1. All Products are available while stocks last. If we are unable to supply a Product to you following our acceptance of your order as per clause 2.4, we will notify you as soon as we can. If we cannot supply a Product you will not be charged for it and we will refund or re-credit your account with the amount of your upfront payment.
6.2. The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the images accurately, we cannot guarantee that your computer’s or device’s display accurately reflects the Products.
7. DELIVERY
7.1. We aim to deliver your Products by the estimated delivery date set out in the acceptance email and in any event within 30 days from the date of order or, in the case of pre-ordered Products, 30 days from the date of the despatch confirmation email. (The only exception to this is if a customer has requested for an item to be shipped at a later date due to being away e.g. holiday, business trip etc.) If we are unable to meet the estimated delivery date because of an event outside our reasonable control we will email you a revised estimated delivery date.
7.2. Delivery will be completed when we deliver the Products to the delivery address given in the order.
7.3. The Products will be your responsibility from the completion of delivery.
7.4. You own the Products once we have received payment in full, including all applicable delivery charges. You will be notified of the delivery charges when you place your order.
7.5. Winning Moves delivers to destinations in the UK only.
7.6. Delivery may be subject to local import duties, customs duties or taxes which are your responsibility where they apply. Unfortunately, we cannot advise you what these charges will be and Winning Moves is not responsible for them.
7.7. If you do not pay these local import/custom duties or taxes then the Product could be returned to Winning Moves or possibly destroyed if too expensive to return. Please note, that if this happens, we may not be able to refund your purchase. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you are in breach of any law in any such country.
8. COPYRIGHT AND TRADEMARKS
8.1. We do not give you any right or interest in any copyright or intellectual property rights in any Product.
8.2. The copyright and other intellectual property rights in the website and any information, or images accessed via the website are owned by or licensed to Winning Moves UK Ltd and, unless otherwise specified, may not be used, copied or altered without our express consent.
8.3. Copyright extends to the design, look and feel of the website, all photographs on it and our marketing materials.
8.4. Winning Moves UK Ltd is our registered trade mark and our logos and domain names are trade names or trademarks of Winning Moves and may not be used by anyone else without our express permission.
8.5. We do not give any warranty or representation in respect of the trademarks or trade names of any of the Products or brands featured on the website.
8.6. We do not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them, Winning Moves does not make any warranty or representation in respect of any other trade mark and the trademarks of the brands featured on toptrumps.com belong to their respective owners.
9. PRIVACY AND DATA POLICY
9.1. Winning Moves commits to protecting your privacy and promises only to use information collected about you by our Privacy Policy.
10. RETURNS
10.1. We believe that you will be delighted with your Products but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these Terms do not affect your statutory rights.
10.2. We will try to attend to all return requests as soon as practically possible.
10.3. Please note that returns are not able to be accepted in person at our registered office address.
10.4. Nothing in this agreement will affect your statutory rights.
11. 30 DAY MONEY BACK GUARANTEE
11.1. Our policy is to ensure that you are satisfied every time you place an order. If you are unhappy with a Product when you receive it or if you simply change your mind please return it to us within 30 days from the date of despatch of your order, with the despatch note, having taken reasonable care of it and in an unused state complete with packaging and all components, and we will refund to you the price paid for that Product.
11.2. We will pay the refund using the same method of payment as you used to purchase the Product. Payment will be made within 14 days, once we have inspected the returned Product and are satisfied that it has been returned to us in 'new' condition.
11.3. You will only have to pay for the return postage of the Products. Please obtain proof of postage when returning items.
12. STATUTORY COOLING OFF RIGHTS
12.1. You have the right to cancel a contract with us within 14 days of receiving your item(s), without giving any reason. However, our policy is to allow you 30 days to do this. The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier indicated by you acquires physical possession of the Product.
12.2. To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement in writing by using one of the communication methods shown in clause 13.1.
12.3. If you cancel an order, we will repay to you the price of the order, (including the costs of basic delivery for EU customers as UK addresses already receive ‘Free UK Shipping’). Please note that any supplementary costs arising from you choosing a type of delivery other than the least expensive type of standard delivery offered by us will not be refunded. (Original premium shipping charges will be refunded only in case of an error on our part).
If you cancel only part of an order, we will repay you that part of the price which relates to the returned Products.
12.4. We may make a deduction from the amount due to you which reflects the loss in value of any Products supplied if the loss is the result of unnecessary handling or damage caused by you.
12.5. We will make the repayment without undue delay and not later than:
12.5.1. 14 days after the day we receive back from you any Products supplied, or
12.5.2. (if earlier) 14 days after the day you provide evidence that you have returned the Products.
12.6. We will repay (in pounds sterling) the price of the returned Products using the same means of payment as you used to pay for the order unless you and we have expressly agreed otherwise. You will not incur any fees as a result of the repayment.
12.7. At our request we (or our nominated courier service) may collect the Products from you. Otherwise, you shall send back the Products or hand them over to us without undue delay and in any event not later than 30 days from the day on which you communicate your cancellation to us. The deadline is met if you send back the Products on or before the expiry of the 30 days.
12.8. You will be able to return the products free of charge in the UK and up to a maximum cost of £7 per kilo from outside the UK if the Products are faulty or damaged in transit.
12.9. As a consumer, you have legal rights about Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
13. RETURNS PROCESS
13.1. To exercise the right to cancel the 30-day money-back guarantee, please notify us using the following details:
13.1.1. Contact Page: https://toptrumps.com/pages/contact
13.1.2. Web Form
13.1.3. Phone: +44 (0)203 920 6834 during office hours (9 am - 5 pm, Monday to Friday)
13.1.4. by Post: Winning Moves UK Ltd, PO Box 687, Rochdale OL16 9LJ
13.2. If, after placing your order you decide to cancel it, please telephone us immediately, no later than 1 pm on the same day. This will allow us to stop the item from being shipped and for your refund to be processed immediately. If your item has been shipped already, please follow the instructions on how to return your item(s) in clause 13.3.
13.3. When returning an item please download & complete the following cancellation form to improve the processing of your return.
13.4. Please use a secure delivery method which requires a signature upon receipt (such as via Royal Mail 2nd Class Recorded Delivery) and return to:
Returns
Winning Moves UK Ltd
PO Box 687
Rochdale
Lancashire
OL16 9LJ
13.5. You will be responsible for the returned Products until they reach us, you should therefore retain your proof of postage.
14. WINNING MOVES LIABILITIES
14.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they are an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
14.2. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3. We do not in any way exclude or limit our liability for:
14.3.1. death or personal injury caused by our negligence;
14.3.2. fraud or fraudulent misrepresentation;
14.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.3.4. any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.3.5. defective products under the Consumer Protection Act 1987.
14.4. Subject to clause 14, Winning Moves will not be liable in any amount for failure to perform or delay in performance of any obligation under a contract if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation internet outages, communications outages, industrial action, fire, flood, war or act of God.
14.5. Please read the instructions, manuals and other user documentation that comes with your Products carefully. We recommend that you use all Products according to the manufacturer’s guidelines.
14.6. Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
15. WINNING MOVES RESPONSIBILITIES
15.1. Winning Moves has tried to make the descriptions (including all pictures) of the Products as accurate as possible but you should contact us for exact sizes.
15.2. Winning Moves shall insure ordered Products at their retail value whilst being delivered to you. We will not cover any subsequent loss or destruction following delivery.
15.3. Because of the nature of the internet Winning Moves provides and maintains the website on an “as is” and “as available” basis and makes no promise that use of the website will be uninterrupted or error-free. We are not responsible to you if we are unable to provide our internet services for any reason beyond our control.
15.4. Our website contains links to other websites which are not under our control or maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
15.6. You will be responsible for any breach of these Terms by you and if you use the website in breach of these Terms you will be liable to and will reimburse Winning Moves for any loss or damage caused as a result.
16. GENERAL
16.1. Winning Moves may revise these Terms from time to time. Any changes to our Terms will be notified on the website. You must check these Terms whenever you place an order with us.
16.2. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.3. You may only transfer your rights or our obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of any warranties we give to you under this contract to the recipient of the gift without needing to ask our consent.
16.4. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.5. If Winning Moves does not enforce any provision of this agreement such will not be considered a continuing waiver.
16.6. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.7. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
16.8. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.9. If any part of these Terms is held to be unenforceable, such part will at Winning Moves option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
16.10. These Terms are governed by English law. This means a contract for the purchase of Products through toptrumps.com and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17. NOTICES
17.1. All notices shall be given to us, by email, web form, and phone or by post to our addresses provided in clause 13.1.1. 13.1.2. 13.1.3. and 13.1.4.
17.2. All notices sent by email will be deemed to have been received on the day that they are sent or, if sent on a national holiday in England or a Saturday or Sunday, the next working day following the day on which the email was sent. All notices sent by post will be deemed to have been received 3-5 working days after the date of posting.
18. CONTACTING US
18.1. If you would like help when ordering, information about a Product, a request for a Product or if you would just like to provide us with feedback on our service, please contact us at https://toptrumps.com/pages/contact
18.1.1. You can also contact us by post at:
Winning Moves UK Ltd
PO Box 687
Rochdale
Lancashire
OL16 9LJ
18.1.2. or via the Enquiry Form; or
18.1.3. by telephoning +44 (0)203 920 6834 during office hours (9 am-5 pm, Monday to Friday).
