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Terms and Conditions

Terms & Conditions

Welcome to the TOPMAN.COM USA website (“Website”) terms and conditions. Please read through them carefully before placing your order or before using the Website. By using this Website and/or placing an order you agree to be bound by the terms and conditions set out below. Please also read our Privacy Policy Statement regarding personal information provided by you. The terms "we", "us" and "Topman" are to Arcadia Group Brands Limited (doing business as Topman).

Before placing an order, if you have any questions relating to these terms and conditions, please email our customer service team at feedback@TOPMAN.COM Please note: once your order has been confirmed, we will not be able to make any changes to that order.

CHANGES TO TERMS AND CONDITIONS
We may change these terms from time to time without notice to you. Changes will apply to any subsequent orders received. In addition, your use of this Website after such changes have been posted constitutes your acceptance of and agreement to such changes.

Free Shipping on orders over $150

Standard: $15 flat rate for all orders.

Express: Not available at this time.

	STANDARD DELIVERY TIMES	EXPRESS DELIVERY TIMES	STANDARD COSTS	EXPRESS COSTS
UNITED STATES OF AMERICA	8 working days when ordered before noon (EST).	Express delivery is not available at this time.	$15.00 delivery charge.	Express delivery is not available at this time.

Please note, all orders are shipped from the UK. Customers will be responsible for paying any applicable import duties and taxes. Charges may vary based on the contents of the order. Customers are advised to contact their local customs office for further information on current import regulations.

Standard delivery is available over the Christmas period, but please note that UK Bank holidays are not classified as delivery days. Customers are advised to check the estimated delivery day displayed at the checkout for updated delivery times.

At this time we are unable to deliver to APO Addresses.

Your order may be delivered by either the United States Postal Service (USPS) or by a US courier. Depending on your area, most orders will be delivered by USPS so the parcel will be received with your regular mail. If you are not home when the delivery is made, a notice card will be left by the postal service to advise on how and where your delivery can be collected.

Larger orders will be delivered by courier who will attempt to deliver the goods three times or leave with a neighbor. They will also leave a notice card after each delivery attempt to advise you what you can do to arrange receipt of the goods. A signature is required for larger deliveries but not for the smaller USPS deliveries.

We aim to deliver orders placed before 12pm within 8 working days following the date your order has been placed. Delivery to Alaska, Hawaii and the US Territories can take up to 14 working days.

Please note, all orders are shipped from the UK. Customers will be responsible for paying any applicable import duties and taxes. Charges may vary based on the contents of the order. Customers are advised to contact their local customs office for further information on current import regulations.

Standard delivery is available over the Christmas period, but please note that UK Bank holidays are not classified as delivery days. Customers are advised to check the estimated delivery day displayed at the checkout for updated delivery times.

Please note, no changes can be made to the shipping address after the order has been placed.

2010
1st January – New Year's Day
2nd April – Good Friday
5th April – Easter Monday
3rd May – Early May Bank Holiday
31st May – Spring Bank Holiday
31th August – Summer Bank Holiday
25th December – Christmas Day
28th December – Boxing Day

2011
1st January – New Year's Day
22nd April – Good Friday
25th April – Easter Monday
2nd May – Early May Bank Holiday
30th May – Spring Bank Holiday
1st Aug – Summer Bank Holiday
29th Aug – Summer Bank Holiday
25th December – Christmas Day
28th December – Boxing Day

Unfortunately we are unable to offer online order tracking at this point. However, you can contact us and we will check your order status and give you an update.

Email us at feedback@topman.com with the date your order was placed, your reference number for each order, your full name, billing address and phone number.

Alternatively, you can call Customer Services on 1866 853 8559 (toll free) betweeen 9am and 9pm GMT/BST on week days (excluding UK bank holidays) and between 9am and 5.30pm GMT/BST at the weekend.

We accept American Express, Visa, Maestro, MasterCard and PayPal.

If you have paid on your credit card you will only be charged once the goods have been shipped to the delivery address. We will email you to confirm shipment.

If you have paid via your PayPal account, transactions are charged at the time the goods are ordered, when you click on the confirm and pay option. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to the original method of payment.

All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the products ordered plus the delivery charge and sales tax (if applicable).

Please see www.paypal.com for information on PayPal payments.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately at the check-out stage.

In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud. One of the purposes for which we may disclose your address and postcode details is to check against the IMRG Security Alert or any other Credit Reference Agency or Fraud Prevention Scheme, which may keep a record of that information. At all times where we disclose your information it will remain secure. If you believe your details are incorrect you may correct those details by following the procedure set out in our privacy policy.

Topman.com is working together with Visa and MasterCard to offer you a safer shopping experience when using your credit card online.

Verified by Visa and MasterCard SecureCode follow the same principles as Chip and Pin, by helping to protect your card against unauthorised use when you shop via the Internet.

If your bank or card issuer is already a part of this scheme, then you might have already noticed the Verified by Visa or MasterCard SecureCode page appear when you last made a purchase with a participating retailer on the Internet.

If your bank is yet to introduce this security measure then the following information will explain how it works and the added protection benefits of registering.

Online Protection Benefits

Shop online with added security and peace of mind.
Your personal password is linked to your card only, and not to your computer.
This security scheme will help to prevent unauthorised purchases.

How it works
When you reach the checkout process at Topshop.com (or any participating retailer) you will have the opportunity to register for either Verified by Visa or MasterCard SecureCode. Simply sign-up for the service following the online instructions that are linked directly to your card issuer, set up your new personal password once your card issuer has confirmed your identity, and continue shopping.

This is a one-off registration process, so you will be able to use the same password for all future purchases you make with participating retailers.

Alternatively you can contact your bank directly to register, or visit Verified by Visa or MasterCard SecureCode for more information.

Please note: If you choose not to register during the checkout process, depending on your card issuer, we may not be able to process your order. A different method of payment will be required to complete your purchase.

Student Advantage card holders receive 10% off Topman product with a valid Student Advantage card. To redeem the discount enter your Student Advantage card number at the check out. Discount is not available on gift cards or store card payments. Topman reserves the right to terminate this discount without notice. Discount is only valid for Student Advantage cardholders and is non-transferable.

We guarantee to refund any item you are not completely happy with when you return it to us in saleable condition within 14 days of receipt. Refunds will be credited to your original method of payment.

In the interests of hygiene we do not offer refunds on pierced jewellery, or underwear or swimwear if the hygiene seal has been removed, or cosmetic products if they have been used or the hygiene seal is broken, unless they are of unsatisfactory quality or unfit for purpose. Please also note that items must be returned with all of the barcode tags intact.

Please note any items from our concession brand collections can only be returned to our website. Stores will be unable to refund these items for you. These items are clearly marked on your dispatch note with an ‘**’ at the end of the product description.

Customers in the New York area can go to the New York store located on 478 Broadway & Broome, NY 10013 with your returns. Please ensure that you take your despatch note with you as your proof of purchase as we will be unable to refund your order without it. You will also require the card that was used to purchase the order online. If you are not the cardholder for the order, they will need to be present at the time of return to store to accept the refund back on to their credit/debit card.

Please Note: Returns cannot be made by mail to the New York store. If you wish to return your unwanted items to the New York store, you will have to do so in person.

To return by Mail, please log in to your account and select ‘Request a return’ from the ‘My Orders’ section. Click the order number containing the items you want to return and follow the ‘Create return’ link next to the order number. Please select the items you wish to send back to us with a reason for each.

Once you click the 'Create Return' button you will be given a unique Returns Authorization Number. Write this number along with your name and address in the areas provided on the returns label that came with your original order. Peel off the label, stick it to the parcel and take it to your local United States Postal Service office for mailing. Please remember to ask the USPS for a Certificate of Mailing and retain it for your reference. Without this we cannot refund any money if we do not receive the returned items. Then simply post your parcel with your unwanted items to us so that we receive it within 14 days of shipping.

You can log in to your account here.

The refund will be processed once your goods are received into our warehouse. Please note, all returns by mail are currently processed by our UK warehouse. Customers will need to return unwanted items to: Milton Keynes Distribution Centre, Spectrum for Arcadia, Merton Drive, Redmoor, Milton Keynes, MK6 4AG, UK, at their own cost. It may take 2-3 working days for the refunds to show in your account after the goods have been received. Each item returned is refunded separately, and will show on your statement as a refund / credit from Topshop.com. You will be refunded on to the card that the goods were purchased with. If your card expires before we process your refund please contact our customer services team with your order number, zip code and new card details.

You can call Customer Services on 1866 853 8559 (toll free) between 9am and 9pm GMT (4am - 4pm EST), and on weekdays and between 9am and 5.30pm GMT (4am - 12:30pm EST) at the weekend, excluding public holidays.

For security reasons, we cannot accept this information via email.

Note: Returns by post cannot be accepted without a valid Returns Authorization Number. You will be unable to get a Returns Authorization Code from the web if more than 14 days has passed since you received the items. If you experience any difficulties with the online returns process please contact us at: customer.service@topman.com.

United States customers: 1866 853 8559 (toll free)

For security reasons, we cannot accept this information via email.

Note: Returns by post cannot be accepted without a valid Returns Authorization Number. You will be unable to get a Returns Authorization Code from the web if more than 14 days has passed since you received the items. If you experience any difficulties with the online returns process please contact us at feedback@topman.com.

Returning Goods Bought as Special Offers
CIf you return a single item bought as part of a multi-buy discount offer (for example 'buy 2 for $40.00') you will be refunded the full price of that item less the total discount given in the offer. If you return all items purchased with the multi-buy discount you will be refunded with the full multi-buy value.

For combination purchases ("buy one, get one free" or "get the lowest priced item free"), you must return any free items or vouchers back for us to process a refund.

Returning Goods Which are of Unsatisfactory Quality or Unfit for Purpose
You can return these items to us using the returns label. Currently all returns by mail are processed by our UK warehouse. Customers will need to return unwanted items to: Milton Keynes Distribution Centre, Spectrum for Arcadia, Merton Drive, Redmoor, Milton Keynes, MK6 4AG, UK, at their own cost.

Alternatively, customers in the New York area can go to the New York store located on 478 Broadway & Broome, NY 10013 with your returns. Please ensure that you take your despatch note with you as your proof of purchase as we will be unable to refund your order without it. You will also require the card that was used to purchase the order online. If you are not the cardholder for the order, they will need to be present at the time of return to store to accept the refund back on to their credit/debit card.

If we have made a mistake on an item we have sent to you or it is faulty, damaged, of unsatisfactory quality, we will refund the delivery charges you have paid to receive that item unless it was sent to you with other items which you are not returning. Details of the returns procedure will also be sent to you with your order.

We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery.

All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are US sizes. Please refer to the size guide for clarification.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions.

Prices are subject to change without notice. Prices do not include sales tax and shipping charges. Sales tax and shipping charges will be added where applicable. Goods are subject to availability. As there is a delay between the time when the order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items.

We continually update our online store. From time to time our retail stores may run special local promotions (which may not be available on our Website) or we may offer special discounts online that are not available in the retail stores. Some Website promotions may not be available to customers in particular jurisdictions.

When you place an order on our Website we shall email you an acknowledgement. Our acceptance of an order does not take place until shipment of the order, at which point the purchase contract will be made and you will be charged.

Please note, if you have paid via your PayPal account, transactions are charged at the time the goods are ordered, when you click on the confirm and pay option. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to the original method of payment.

Once you have checked out and your order has been confirmed you will not be able to make any changes to your order so please make sure that everything is correct before clicking the confirm button.

Any discounts triggered by the entry of a promotional code will not be applied until the order is accepted but will be detailed on the invoice.

We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:

The product ordered being unavailable from stock
Our inability to obtain authorization of payment
The identification of an error within the product information, including price or promotion

If there are any problems with your order we shall contact you. We reserve the right to reject any offer to purchase by you at any time.

We will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website.

References in this Privacy Policy Statement to "we", "us" and "Topman" are to Arcadia Group Brands Limited (trading as Topman).
At Topman we are committed to maintaining your privacy. Our privacy policy statement is given below. If we make changes to this policy, we will notify you by updating this statement on our Website.

What information do we collect?
We ask for your name, telephone number, home address, email address and age for competitions, prizedraws, or newsletter sign ups. When a purchase is made on our site, in addition to the above, we also ask for delivery address, and payment method details. We may obtain information about your usage of our Website to help us develop and improve it further through online surveys and other requests.

What the data will be used for?
Your data will enable us, and our processors, to fulfil your order, to notify you about important functionality changes and for statistical or survey purposes to improve this website and our services to you. We may also send you from time to time (by email or post) information about products and services and details of promotions and special offers from Topman. If you do not wish to be contacted for these purposes, we offer a range of ways in which you can inform us about your marketing preferences:

All email messages and email newsletters will contain information on how you can unsubscribe; or
Send an email to our customer services division on feedback@TOPMAN.COM writing "unsubscribe" in the subject heading; or
Call our customer services division - see the "Contact Us" (contact us page) section; or
Write to us at: Customer Services, Arcadia Group Limited, Colegrave House, 70 Berners Street, London W1T 3NL

In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud.

Arcadia Group Brands Limited is a registered data controller under the Data Protection Act 1998 (the "Act"). We comply with the standards, procedures and requirements laid down in the Act to ensure that the personal information you give us is kept secure and processed fairly and lawfully.

What information do we share with others?
We may contract with other companies to provide certain services, including credit card processing, shipping, name and address verification, email distribution, market research and promotions management. We provide these companies with only the information they need to perform their services and work closely with them to ensure that your privacy is respected and protected. These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than Topman. [We may pass your information onto Arcadia Group (USA) Limited, which operates our US retail stores, which will treat the information in a manner consistent with this Privacy Policy Statement, such as to accept returns for products purchased through the Website.] [Topshop and Topman only] We will not pass your information on to any other Arcadia Group companies or other third parties for marketing purposes unless you have agreed for us to do so.

One of the purposes for which we may disclose your address and zip code details is to check against the IMRG Security Alert or any other Fraud Prevention Scheme. We may also disclose specific information upon governmental request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.

Cookies
A Cookie is a small data file that is stored by your Web browser on your computer. We use Cookies to keep track of your current shopping session, to enable you to proceed to checkout at any time and to personalize your online experience. If you do not accept Cookies you will be unable to use this website. Refer to the Help content of your browser for more information on selecting or deselecting Cookies.

Links to Third-Party Sites
In an attempt to provide you with increased value, we may from time to time include third party links on our Website. These linked sites have separate and independent privacy policies. We encourage you to review those policies when you visit those sites. This Privacy Policy Statement only covers our Website and does not cover any other website. We therefore have no responsibility or liability for the content and activities of these linked sites.

Privacy of Children on Our Website
Our Website is not intended for use by children under the age of 14, and we will not knowingly collect any information from any person below the age of 14.

Sale of assets
In the unlikely event that Topman or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

If your question relates to an order or feedback regarding this site then email us or call us between 9am and 9pm (GMT/BST) week days, or between 9am and 5.30pm at the weekend (and UK bank holidays. Customer Services is closed on Christmas Day and New Years Day).

United States customers: 1866 853 8559 (toll free)

Alternatively email on customer.service@topman.com

For further details regarding the use of data supplied by you, please see our Privacy Policy Statement. Neither we nor our corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each shall be liable to any person for any loss or damage, which may arise from the use of the Website or any of the information contained in any of the materials on this Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we have been notified in advance of the potential for any such damages.

All rights, including copyright and trademark, in this website and all content, graphics, code and software used on or incorporated into this Website, and the arrangement or integration of all such content, graphics, code and software, are owned by or licensed to the Arcadia Group. Any use of the Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Topman. Permission is granted to electronically copy and print hard copies of pages from this Website solely for personal, non-commercial purposes related to the placement of an order or shopping with Topman. Any other use of this Website or content or information contained in this Website is strictly prohibited, unless the written permission of Topman first is obtained.

Topman.com and Topman as well as page headers, custom graphics, buttons, images and other content on this Website, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Arcadia Group Limited. Other trademarks, product names and company names or logos used on this Website are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Website is strictly prohibited.

You should not provide confidential or proprietary information to Topman or to this Website. If you do submit information or material to us, except for your personally identifiable or credit card information, we will consider such information and material as non-confidential, and you agree that we will have a fully transferable, worldwide right to use, adapt, modify, distribute, copy, transmit, display or perform the same without restriction and without any obligation to compensate you.

We have taken reasonable care in the preparation of the content of this Website. Nonetheless, this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience. In addition, to the extent permitted by applicable law, and except as otherwise specified by us, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website.

Certain (hypertext) links in this site will lead to websites which are hosted by our partners. When you activate any of these you will leave the TOPMAN.COM website and we have no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under our control.

Times quoted in these terms and conditions are Greenwich Mean Time or British Summer Time (as applicable).

These terms and conditions shall be governed by and construed in accordance with New York Law and it is agreed that the New York courts shall have non-exclusive jurisdiction in the event of a dispute. If any terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

Registered address: Colegrave House, 70 Berners Street, London W1T 3NL.

VAT No: GB169 0943 36