Website and Online Store Terms & Conditions
TOPLINE ANIMAL FEEDS POLICIES AND CONDITIONS OF USE
Welcome to www.ToplineFeeds.co.uk (the ‘Site’). This site and its supporting operation are managed by Topline Animal Feeds. Please read the following policies carefully before using the Site. By using the Site, you signify your agreement to be bound by these conditions.
1. Website Terms of Use
2. Terms of Sale
3. Privacy Policy
In these policies, the following definitions apply:
“ToplineFeeds.co.uk” (also referred to as ‘we’ and ‘us’) means Topline Animal Feeds.
“Site” means ToplineFeeds.co.uk’s online shopping website at www.ToplineFeeds.co.uk
“Shop” means ToplineFeeds.co.uk’s Online Shop for online ordering of merchandise located at www.ToplineFeeds.co.uk .
ToplineFeeds.co.uk Website Terms and Conditions of Use
1. Introduction
1.1 These terms and conditions shall govern your use of the ToplineFeeds.co.uk website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Our details
2.1 This website is owned and operated by Topline Animal Feeds.
2.3 You can contact us:
(b) using our website contact form;
(c) by telephone, on 07562 213858; or
(d) by email, using customerservices@toplinefeeds.co.uk.
3. Copyright notice
3.1 Copyright © 2023 Topline Animal Feeds.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Permission to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) use our website services by means of a web browser,
(e) purchase goods from the Shop, provided you accept the Terms of Sale which will apply to any contract made between you and ToplineFeeds.co.uk for the purchase and sale of goods from the Shop. These terms are outlined in our Terms of Sale.
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
5. Misuse of website
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7. User login details
7.1 If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time at our sole discretion with or without notice to you.
8.2 We will usually cancel an account if it remains unused for a continuous period of 18 months.
8.3 You may cancel your account on our website using your account control panel on the website.
9. Our rights to use your content
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Rules about your content
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation.
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time at our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 This Shop also contains links to other third-party web sites, which are not under the control of and are not maintained by ToplineFeeds.co.uk. Any such links do not constitute an endorsement by ToplineFeeds.co.uk of any products or services available on such sites. ToplineFeeds.co.uk provides these links for your convenience only and you use such links entirely at your own risk. We accept no responsibility for the content or use of such sites or information contained in them.
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Variation
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions; if you do not agree to the revised terms and conditions, you must stop using our website.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
15. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. Severability
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy and Terms of Sale, shall constitute the entire agreement between you and us in relation to your use of our website and shall supercede all previous agreements between you and us in relation to your use of our website.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
20. Statutory and regulatory disclosures
20.1 Our VAT number is 334743500.
21. Credit
21.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
Terms of Sale: Online Shop
1. Terms of Sale
This policy covers the purchase of any goods from ToplineFeeds.co.uk online shop. Please read the following terms carefully before purchase as you will be contracting with ToplineFeeds.co.uk on the terms outlined below.
1.1 These Terms of Sale govern the supply of any goods you order via the ToplineFeeds.co.uk shop. If you do not agree with the Terms of Sale, do not order any goods from this shop. If ToplineFeeds.co.uk accepts any order for goods from you, then its agreement with you will be made on these Terms of Sale.
1.2 Please note that ToplineFeeds.co.uk reserves the right to amend the Terms of Sale from time to time. Any new versions of the Terms of Sale will come into effect as soon as ToplineFeeds.co.uk publish. If you use the Shop after ToplineFeeds.co.uk has published the new Terms, your continued use of the Shop indicates that you agree to be bound by the new Terms of Sale.
2. Availability of the goods supplied by the Shop
2.1 ToplineFeeds.co.uk may terminate or suspend the supply of any goods displayed on the Shop in the event of out of stocks, for support or maintenance work, in order to update content or for any other reason. ToplineFeeds.co.uk may do this at any time and without notice.
3. Buying goods from this Shop
3.1 Our prices are quoted on our website.
3.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
3.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
3.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
3.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
3.6 All prices are in Pounds Sterling. ToplineFeeds.co.uk may make available offers and discounts using promotion codes. Only one promotion code is valid per order.
3.7 Conclusion of Contract of Sale – By placing an order with Topline Animal Feeds you are offering to purchase a product on and subject to these Terms of Sale. All orders are subject to availability and confirmation of the order price. When you place an order or complete the payment approval process, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). When we dispatch the products to you we will send you a “Dispatch Confirmation”. If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation.
3.8 Method of payment – For orders placed via the Shop, ToplineFeeds.co.uk accepts payments through PayPal and by Direct Bank Transfer. When making your payment, it is important that you provide the information that ToplineFeeds.co.uk specifies is required. Your PayPal account will be debited when ToplineFeeds.co.uk confirms that it has accepted your order. If paying by Direct Bank Transfer you will be sent an email containing payment instructions. Ownership or title to the product shall not pass to you, the buyer, until ToplineFeeds.co.uk has received payment in full.
3.9 Delivery
All charges to mainland UK addresses (excludes Highlands, islands, Northern Ireland and offshore territories – please contact us for delivery prices).
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These charges cover packing, handling and delivery.
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Orders are usually dispatched within 3 - 5 working days
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Please allow up to 14 days for delivery.
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If concerned about where your order is, please contact our Customer Services department by email at customerservice@ToplineFeeds.co.uk.
3.10 Out of stocks – If any item you have chosen is unavailable, ToplineFeeds.co.uk will contact you on your email address and set out the options that are available to you.
3.11 Return of goods policy – We want you to be completely satisfied with your purchases. Please let us know if you are not entirely satisfied with our products, so that we can remedy the issue. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary. If you are not completely satisfied with any item ordered, just let us know within 7 days. When we receive your returned item(s) we will issue a refund or send you a replacement. Items returned under ToplineFeeds.co.uk’s returns policy must be unopened, in a resaleable condition, in the original packaging with any barcode tags, seals and shrink-wrap intact.
Please note: we can only accept the return of opened items if they are faulty. If you wish to order additional items these will be treated as a new order.
When you send your item back to us, we’ll process the returned item then notify you via email of your refund. You can expect a refund in the same form of payment originally used for purchase; please allow up to three weeks from receipt of your return for this to reach you. Some products are shipped direct from our suppliers; in the case of these items, they should be returned directly to the supplier. Please note that the costs for returning non-faulty items to us/our suppliers are not refundable and are done so at your own expense.
If you are returning an item because of an error on our part or because it is damaged or defective, we will be happy to refund the delivery charges incurred in sending the item to you and we’ll reimburse your costs in returning it to us, up to the value of £5.00. In this instance, please obtain proof of postage (a certificate of posting is available free of charge from the Post Office). This should be kept in a safe place in case you need to claim compensation from the carrier. We regret that we cannot accept responsibility for goods in transit from our customers. Where items are sent by Royal Mail’s Special Delivery service, we will only be able to refund you the cost of postage up to the value of £5.00.
Prior to returning items, please contact our Customer Services department by email at: customerservices@toplinefeeds.co.uk. If your product needs to be returned to our suppliers, the return information will be provided at this point.
3.12 Cancellation Policy – Please note that you have a legal right to cancel your order within 14 days of the date of receipt of the goods (provided the goods are returned to us in an unused condition in the original packaging together with a copy of the receipt. By returning, a refund will be provided within 30 days of the date of cancellation.
3.13 Legal age – ToplineFeeds.co.uk does not sell products for purchase by children. If you are under 18, you may use ToplineFeeds.co.uk only with the involvement of a parent or guardian.
3.14 Vouchers – From time to time, vouchers may be issued for free delivery or for discounts on orders or products. You may only use one voucher per order. Some vouchers may only be used once per customer. Please contact customerservices@toplinefeeds.co.uk if you have any questions about redeeming a voucher code.
3.15 Free gifts – From time to time, free products may be offered with a product or order. These free products are included as part of your order and if any part of the order is returned for a refund we reserve the right to deduct the value of the free gift from your refund if they are not returned too.