Definitions

‘The Top Drawer’ means The Top Drawer (Clydebank) Ltd. Company Number SC459966

‘Conditions’ means these terms and conditions

‘Site’ means the website of The Top Drawer

Website usage terms and conditions

1. Access

1.1   You are provided with access to this Site in accordance with these Conditions and any orders placed must strictly be placed in accordance with these Conditions

1.1.1   We are The Top Drawer and we own and operate this Site

1.1.2   Your use of the Site is subject to these Conditions. By using the Site, you will be deemed to have accepted and agreed to be bound by these Conditions.

1.2   We provide the Site on an ‘as is’ basis and make no representations as to the quality completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law we exclude:

1.2.1   All conditions, warranties and other terms that might otherwise be implied by law into these Conditions

1.2.2   Any and all liability to you, whether arising out of these Conditions or otherwise in connection with use of the Site.

Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, in particular none of the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.

2. Our rights

We reserve the right to:

2.1   Modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you.

2.2   Restrict your access to the Site or part of it. If we grant you access to a restricted part of the Site we may withdraw permission at any time.

2.3   Make changes to our Conditions from time to time. We will notify you of these changes of use by posting the revised versions of these Conditions on the Site. You can determine when we last changed these Conditions by the ‘Last updated’ statement above.

2.4   Protect our Intellectual Property rights in the Site, including all of the text, pictures, videos and other content made available on the Site. You acknowledge and agree that:

2.4.1     All Copy Right, Trademarks and all other Intellectual Property rights which form part of the website shall remain at all times our property.

2.4.2     All material contained on this website is only available for your personal use, excluding commercial use.

2.4.3     You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our website, including all intellectual property rights unless expressly preauthorised and permitted by us.

2.5   If you in any way, whatsoever, breach clause 2.4 we reserve the right to claim damages against you, for your breach of our intellectual property rights and demand that you stop using the content taken from our Site immediately.

2.5.1     In the first instance of a breach being found we will write to you asking you to cease and desist from using our intellectual property rights immediately, whilst also invoicing you £50 per image used plus legal fees of £75  plus VAT at the applicate rate.

2.52      Should you continue your unauthorised use of our intellectual property after receiving a written warning and invoice, we reserve the right to seek an injunction against you to prevent further infringement and claim further damages and legal costs on the indemnity basis.

3. Use

Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes, unless our written permission is given. Your use of the Site is conditional upon the rules set out in these Conditions and you agree that you will not:

3.1   use the Site for any fraudulent or unlawful purpose;

3.2   use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others privacy rights or rights of publicity;

3.3.   impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;

3.4   interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;

3.5   transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software of equipment;

3.6   remove any copyright, trade mark, or other propriety rights notices from the Site or materials originating from the Site;

3.7   frame or mirror any part of the Site without our express prior written consent;

3.8   reproduce the presentation of the Site.

4. Third party links

4.1   To provide suggestions or easier use we may provide links to other websites. You acknowledge and agree that we are not responsible for and do not endorse such external websites or resources. Your use of the third party websites is at your own risk.

5. Privacy and Security

5.1   We will treat your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below.) We will keep it on a secure server and we will fully comply with all applicable UK data protection and consumer legislation from time to time in place.

5.2   When you shop on the Site we will ask you to input and will collect personal information from you, examples being name, address, email address, telephone number, credit card details and passwords.

5.3   We use your personal information for the following purposes:

5.3.1   Processing your orders;

5.3.2   For statistical or survey purposes to improve our services to you;

5.3.3   To serve website content and advertisements to you;

5.3.4   To administer the website;

5.3.5   To inform you of any new products.

You agree that you do not object to us contacting you for any of the above purposes and you do not consider it to breach any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations. If you do wish to unsubscribe from our mailing list simply click on the unsubscribe link at the bottom of every marketing email and you will be opted out of all email communications. For any more information please contact us at customerservice@thetopdraweruk.co.uk

5.4   We will take great care to ensure that you are able to purchase products from the Site with complete confidence. Please note your communication with our service is secure using 128 bit Secure Socket Layer (SSL) technology where supported by your browser. This means your personal details including payment details, are encrypted when transmitting to us.

5.5   We do not keep any credit card details on file ourselves. If you choose to save your payment details with us we use a trusted 3rd party (Worldpay). Worldpay stores them on our behalf, and we are not able to access the full card details.

6. Cookies

6.1   Cookies are tiny text files that are stored on your computer when you visit a website. They help to make the Site run smoothly and allow us to provide the best service possible, here’s a breakdown of the cookies that we use and how they benefit you:

Essential These cookies are essential for the use of the Site, they allow us to store the contents of your cart and process your orders among other things.

Functionality These provide you with a better service by remembering your cart, login details, viewed products and other things.

Third party advertising/other These allow us to make the Site better for you by giving us anonymous usage information and power our advertising on other websites. This allows those websites to track when you have made a purchase and earn a commission. 

Third party social networking We place social networking buttons on some of our pages to make it easier for you to share them with other people. They generally use cookies to function, but we don’t have any control over the use of these cookies or the data they share, and advise that you consult their privacy policies to find out what happens to any data that these services collect when you use them.

6.2   Opting out of cookies We give you the option to choose exactly which type of cookies we will set when you use The Top Drawer site. We’ll save the results in a cookie for two years and will honour your choice for future page views from your current browser.

7. How to order our products

7.1   Orders can be placed online or by telephone.

7.2  Having placed an order online you will receive 2 emails providing you have an email address:

7.2.1   The first email is a confirmation email which you should receive immediately after your order is placed. If for any unusual reason there is a problem you will be contacted promptly and if your order cannot be met or if there is a delay in dispatch you will be notified. A confirm email does not guarantee that we can meet your order.

7.2.2   A second email is sent to notify you that your order has been dispatched. Once dispatched, we send all UK orders over night; if you have not received them within 72 hours please contact us.

8. Price

8.1   Prices are as displayed in British Pound Sterling.

8.2   We try to ensure that prices shown on our Site are accurate, but they will still need to be validated before your order is processed. If there is a price difference, we will contact you immediately and should you wish to cancel your order, we will refund any money.

8.3   Prices displayed are inclusive of VAT but exclude delivery charges where applicable. Please see the Delivery section for details of our charges.

9. Payment

9.1   Payment when ordering online can be by credit and debit card.

9.2   To ensure that shopping online is secure, your credit/debit details will be encrypted so as to minimise the risk of your details being read by an unauthorised individual as they are sent to us over the Internet

 

10. Right to cancel your contract

10.1   You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods.

10.2   To cancel your contracts please contact us at 0141 952 0984.

10.3   Where goods have already been dispatched, they must be returned in perfect condition, unused and in the original packaging. For full details on returning an item see our returns information page.

10.4   Upon receipt of the goods we will credit the purchaser with the purchase price less any handling charge which may have been incurred. We will not be responsible for any refund of postage or carriage. We recommend that an insured service is used to ensure safe arrival of the return.

10.5   If your goods need to be returned by courier we will arrange for a collection. The cost of this service will be deducted from your refund.

11. Cancellation by us

11.1   We reserve the right to cancel the contract between us if:

11.1.1   The item is out of stock.

11.1.2   We do not deliver in your area.

11.1.3   One or more of the goods you ordered was listed as the incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

11.2   If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for consequential loss or disappointment suffered.

12. Delivery

Please see our delivery page for latest charges.

12.1   Our aim is to deliver all orders within the specified times once receipt of payment has been confirmed. All deliveries are subject to stock availability and security checks. We can only deliver to the payment card address, please bear this in mind when entering your delivery details.

12.2   Whist we will make every effort to deliver within the time stated on our website, we will not be liable for any loss caused to you by late delivery or for late deliveries as a result of Courier actions which are beyond our control. Please contact us at customerservice@thetopdraweruk.co.uk as soon as possible if you do not receive your goods within a reasonable time. We will endeavour to get your goods to you as soon as possible or you may cancel your order.
You will be refunded once the goods have been returned to us in good order or classified as lost by the courier company.

12.3   We will attempt to deliver your order to the delivery address stated on your order form. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we shall refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us. If we have to re-dispatch the order, if it has been returned to us, for reasons outside of our control there may be a charge.

12.4   If the products we deliver to you are damaged or we have sent you the incorrect goods or quantity, please contact us within seven (7) days of delivery at customerservice@thetopdraweruk.co.uk. Please do not sign for any packages that are damaged or opened.

13. Returns

See our returns page for full details.

13.1 Our in store returns process is slightly different to online, please contact us on 0141 952 0984  if you wish to return an item purchased in store within 14 days.

13.2 If you have purchased online we’ll be happy to offer an exchange or refund within 14 days of receipt of goods. Once the item has been received and checked, your refund will be processed within 48 hours of receipt. We will refund the purchase price of the goods but not any delivery costs incurred by us in sending the order to you or incurred by you in returning the goods to us. It is your responsibility to ensure the returned item reaches us in saleable condition. We are not responsible for items that are lost or damaged in transit. We recommend using a fully tracked, insured service when returning items to us.

13.3 When returning furniture items please email us customerservice@thetopdraweruk.co.uk within 14 days of receipt of goods to arrange for a collection. Once the item has been received and checked, your refund will be processed within 48 hours of receipt. We will refund the purchase price of the goods but not any delivery costs incurred by us in sending the order to you or collecting the item from you. When calling to arrange for an uplift we will provide exact costs, this can range from £10-£40 depending on distance, size and number of items and will be automatically deducted from your refund.

14. Promotional Discounts

14.1   Promotional discount codes may not be used in conjunction with other offers and sale items.

14.2   From time to time we offer promotional discounts. An example being £20 off of the first £100 you spend on the Site. If your order consists of a number of products which amount to £100 and you return one product you will get the full price back minus the amount of discount which has been equally allocated to that particular product.

14.3  Promotional discounts are restricted to one use per customer unless otherwise stated.

15. Liability

15.1   If the goods we deliver to you are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.

15.2   If you do not receive the goods ordered within the date specified on the website we shall have no liability unless you notify us at our contract address within 30 days of ordering the goods.

15.3   If you notify a problem to us under clause 16.1 or 16.2 above, our only obligation will be, at your option:

15.3.1   To make good any shortage or non-delivery

15.3.2   To replace or repair any goods that are damaged or defective; or

15.3.3   To refund to you the amount paid by you for the goods in question in whatever way we choose.

15.4   Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expense (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods.

15.5   Nothing in these Conditions is intended to limit any rights you may have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude liability for any death or personal injury resulting from our negligence.

16. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including without limitation, strikes, lock outs and other industrial action, breakdown of system or network access, flood, fire, explosion or accident.

17. Invalidity

If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part these conditions will not be affected.

18. Entire Agreement

These Conditions, together with our current website process, additional terms and conditions for specific products, delivery details, contact details, privacy policy, set out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any good offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

19. Complaints/ Feedback/ Recommendations

Please feel free to give us any feedback, recommendations or comments about our services and website. We take this very seriously and aim to deal with any problems or difficulties in a timely fair and effective manner.

Please email us on customerservice@thetopdraweruk.co.uk or write to us at 61 Livingstone Street, Clydebank, G81 2XA. We try to respond to any email enquiries within one working day.