terms & conditions
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website, whether as a guest or a registered user. Please read these “Website Terms of Use” carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
INFORMATION ABOUT US
This website is owned by Toop Sports Inc.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status and that of any identified contributors as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods or services or information formed through our site or because of visits made by you are governed by our terms and conditions of supply.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please email your request using our usual contact methods.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNS
If you have any concerns about material which appears on this site, contact us using our usual contact methods.
CONTRACT OF SALE
We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been received by sending an e-mail to you at the e-mail address you provide in your order form. This is not an Order Acceptance from Toop Sports Inc.™. Our acceptance of your order takes place on the dispatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with the clause ‘Right for you to cancel your contract’ below. Our acceptance of your order brings into existence a legally binding contract between you and us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site.
- The prices payable for goods that you order are as shown on our website.
1.1. All of our prices are in US Dollars. You will be billed in US Dollars and if you purchase from outside the US, currency exchange rates and credit card charges may make a difference to the amount billed on your credit card.
- You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are shown on our website.
- Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made through this Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
- Please note that prices in all printed publications are correct at the time of publication and we reserve the right to amend these without prior notification.
- Subject to 3. below, 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 your order. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
- To cancel your contract you must notify us by e-mail at info@toopsports.com or call us on (480) 557 6900
- Your right to cancel your contract with us for the goods you have ordered is subject to:
3.1. You call us within 14 days of receiving your goods and receiving a ‘Returns Authorisation Number’.
3.2. The item(s) cannot be a customized order, which due to their unique nature, cannot be exchanged or returned under any circumstances.
3.3. The item(s) must be in perfect condition and in the original packaging.
To return your item, visit Delivery & Returns for more information.
- Once you have notified us that you are cancelling your contract, any sum debited from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, in the way detailed above, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
- We reserve the right to cancel the contract between you and us if:
1.1. We have insufficient stock to deliver the goods you have ordered;
1.2. we do not deliver to your area; or
1.3. one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
- If we do cancel your contract, we will notify you by e-mail or by phone and will re-credit your account for 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 disappointment suffered.
- We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used.
- All orders within the US are delivered using USPS or an alternative carrier.
- You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.
- We make no promise that materials on our website are appropriate or available for use in locations outside the United States, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
- View Delivery & Returns page.
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- If the goods we deliver 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 by e-mail of the problem within 7 working days of the delivery of the goods in question.
- If you do not receive goods ordered by you within 7 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:
2.1. to make good any shortage or non-delivery; or
2.2. to replace any goods that are damaged or defective; or
2.3. to refund to you the amount paid by you for the goods in question in whatever way we choose.- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of 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 in question under the clause mentioned in 2.3. above.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
- We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or USPS.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by e-mail to our contact address at info@toopsports.com and all notices from us to you will be displayed on our website from time to time.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
You acknowledge and agree to be bound by the terms of our Privacy Policy below.
Third Party links: We may include hyperlinks on this Site to other websites or resources operated by parties other than Toop Sports Inc.™, including advertisers. Toop Sports Inc.™ has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Each and every transaction carried out is deemed to be completed within the United States and therefore shall be governed by and interpreted in accordance with U.S. Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with U.S. Law and U.S. Courts shall have exclusive jurisdiction in relation thereto.
- These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the 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 goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
- We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
We reserve the right to change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
SECURITY GUARANTEE
Toop Sports Inc. web technology is hosted on a secure server using SSL technology (secure sockets layer) to ensure that all credit or debit card transactions are completely secure. Every time we receive an order, we use fraud checking systems as well as authentication processes before we fulfil it. When you use our website, the secure server will encrypt all of the personal information you send us, including credit or debit card number, name and address. Encryption turns the information you enter into complex code, which is then securely transmitted. We take all reasonable measures to keep your personal information, order and payment details secure. However, we cannot be held liable if an event beyond our control results in loss to you.
PAYMENT METHODS
We accept payments online by Visa, MasterCard, Amex. In addition, you can also pay for all or part of your order using PayPal.
For further information regarding payment please contact one of our Customer Service at (480) 557 6900. Alternatively, send an e-mail to info@toopsports.com with any questions you may have.
PROMOTIONS
Toop Sports Inc.™ occasionally releases promotion codes.
To use a promotion code, please enter the code in the box provided on the checkout page, click ‘Apply Coupon’ and the discount will be applied to your shopping basket.
If you have any problems with redeeming your coupon, please contact our Customer Service at (480) 557 6900 or at info@toopsports.com.
ARBITRATION
The parties agree that any dispute that arises between the Parties will be subject to and submitted to arbitration through the American Arbitration Association or any other agreed upon arbitration dispute resolution service. The arbitration of any dispute will be held in Phoenix, Arizona. The parties agree and understand that they will be waving their right to a trial before a jury. The parties agree that the decision of the arbitrator will be final and binding upon the parties. Any final decision by the arbitrator may be converted to a formal judgment in an appropriate court of law.
MODIFICATION
This Agreement can be modified by mutual agreement of parties in writing and signing it by all the parties.
The parties agree that this Agreement may be signed by the parties in one or more counterparts, all of which constitute a single agreement.