Terms & Conditions
For Website & Mobile App
These terms and conditions (together with the information and policies contained on the Website and Mobile App and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website http://www.etop-global.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the "Services").
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or Mobile App, we will take this as your acceptance of these Terms and Conditions.
1. Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "eTOP or eTOP Global", "we", "us" or "our", "Shopping Engines", we mean eTOP Global Limited or, where relevant, its affiliates. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services, to ensure you understand the legal terms which apply at that time).
2. About us
We are eTOP Global Limited and, we operate the Website http://www.etop-global.com and iOS / Android mobile app developed by us. eTOP Global Limited is a company registered in England and Wales and our registered office is at Vision 25, 3 Electric Avenue, London, EN3 7GD. Our registered company number is 06684790 and our VAT number is GB 296500978.
We, along with certain of our affiliates, provide the services to you through the website and Mobile App. Further details of the services we provide are set out in section 3 below. When you use our services by using the website and Mobile App, you are purchasing them from the third party retailers ("Partner(s)") named on the Website and Mobile App. It is important that you understand that the contract for the purchase and refund of the products is between you and the relevant Partner. We are acting as an agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. We are authorised by the relevant Partners to display their stores and products on their behalf but we are not a party to that contract and you are not purchasing the products from us or through us as your agent. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 4, 5 and 6 below.
3. Our Services
The services we offer allow you to search through the website http://www.etop-global.com, iOS / Android Mobile App developed by us and guide you to purchase products from a large number of Partner boutiques and brands worldwide. As part of the Services, we also provide you with customer service assistance. The contract for the purchase and refund of the products and delivery is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling, refunding and delivering the products to you.
In order to use the Services, you must be over 18 years of age.
Our liability to you in relation to the Services If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
The products we attempt to be as accurate as possible in the description of the stores and products displayed on Website and Mobile App. However, as the descriptions are based on information provided and published by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error-free. The images of the stores and products on the Website and Mobile App are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's or mobile device’s display of the images accurately reflects the true colour of the store and products.
As a consumer, you have legal rights in relation to stores and products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, re-export, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
4. eTOP Partners
As explained above, the contract for the purchase and refund of the products is between you and the relevant Partner. We are acting as agent and are authorised by the relevant Partner to conclude the contract with you on its behalf but we are not a party to that contract and you are not purchasing the products directly from us or through us acting as your agent.
We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner to try and resolve the issue.
5. Purchases, prices, payments and taxes
The contract for the purchase and refund of the products and delivery is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling, refunding and delivering the products to you. To complete the purchase with our Partner, you must be over 18 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By completing the purchase, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to complete your purchase and that there are sufficient funds in the account to cover the cost of your purchase.
(a) Formation of the contract between you and the Partner(s) The identity of the Partner is shown on the e-Receipts confirmation page on Mobile App when you complete your purchase or refund with Partner by verifying your membership QR code.
When you complete your purchase or refund with Partner, you will receive an e-Receipt record on your Mobile App. The purchase or refund between you and the Partner will be formed when you receive this record. The e-Receipt record will include a description of the products purchased or refunded and certain other information about the identity of Partner.
Please note that if your membership QR code issued from us is not verified by the relevant Partner, then you may not receive purchase or refund notification and e-Receipt details on your Mobile App.
(b) Pricing and taxes Whilst we try and ensure that all details, descriptions and prices that appear on the Website and Mobile App are accurate, as this information is provided and published to you by the Partners, there may be cases where errors occur. If you discover an error in the price of any products that you have purchased or refunded, you have to inform us of this as soon as possible and, we will act on behalf of you to contact the Partner, give Partner the option of amending your purchase or refund record at the correct price. If you are unable to contact us, your purchase or refund record will be treated as it was.
The product prices advertised on the Website and Mobile App are with VAT description, VAT are charged by the relevant Partner. Additional VAT may be charged by the relevant Partner if the products price is displayed with Exclusive of VAT. The delivery costs (which will include VAT charged by relevant Partner) will vary depending on the products that you have purchased and your delivery address.
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. Please confirm with the relevant Partner when you make the purchase if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before making your purchases.
Please note that if you refund an item, the VAT will be refunded to you if they were originally included in the purchase price.
(c) When you pay for your purchase, the relevant Partner carries out a standard check on your payment card, and products will not be sold and dispatched until the your payment card is verified.
The Partner reserve the right not to accept your purchase if, for example, the product you are purchasing is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
6. Refund
The contract for the refund of the products is between you and the relevant Partner. This means that the Partner (not us) who is legally responsible for refunding the products for you.
Please note that in certain cases the Partner may reject your refund of a product.
Refund under the Consumer Contracts Regulations
You have a legal right to return your purchased products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCRs") or equivalent consumer legislation in the EU. This means that, during a certain refund period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can have the product refunded from the relevant Partner. Please note that each Partner has its own specific refund policy.
Once the products are returned to the relevant Partner you will receive a refund on the products. The Partner reserves the rights whether or not you will receive the refund on original delivery costs and other related costs; however you will be liable to arrange and cover the full cost of returning the purchased products to the Partner.
7. Our Website and Mobile App
This section sets out the rules that apply to your use of the Website and Mobile App (whether or not you use it to guide to purchase products or just to browse). By using the Website and Mobile App, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and Mobile App and you should leave it immediately.
(a) Access to the Website and Mobile App. The Website and Mobile App is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website and Mobile App. You are also responsible for ensuring that all persons who access the Website and Mobile App through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website and Mobile App is permitted on a temporary basis and it does not include any commercial use of the Website and Mobile App or its contents. You must not reproduce, copy and/or exploit the Website and Mobile App for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website and Mobile App without notice and, from time to time, we may restrict access to all or parts of the Website and Mobile App. We will not be liable to you if, for any reason, the Website and Mobile App is unavailable at any time or for any period.
(b) Your conduct. You must not use the Website and Mobile App in any way that causes, or is likely to cause, the Website and Mobile App or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer or mobile device to us and you must use the Website and Mobile App for lawful purposes only.
You must not use the Website and mobile App for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
(c) Third Party Products and Services on the Website
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
(d) Linking We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(e) Our liability in relation to the Website and Mobile App. We may update or change the Website and Mobile App or their contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website and Mobile App may be out-of-date at any given time. The content on the Website and Mobile App are provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website and Mobile App, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website and Mobile App; or (ii) use of or reliance on any content displayed on the Website and Mobile App.
Please note that we only provide the Website and Mobile App for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer or mobile equipment, computer or mobile programs, data or other proprietary material due to your use of the Website and Mobile App or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners’ supply of the products and services to you.
8. Privacy Policy
We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website and our Mobile App, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and Mobile App, the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database rights laws. All such rights are reserved.
You must not systematically extract and/or re-utilise parts of the Website and Mobile App or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website and Mobile App. You must not create and/or publish your own database that features substantial parts of the Website and Mobile App (e.g. our stores and product details listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
9. Ethical sourcing policy
As a reputable and trusted business committed to offering its customers high-quality services, we recognise our obligation to ensure that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment.
We will never knowingly allow a Partner to offer its products on the Website or Mobile App if such products are sourced from countries which are in breach of these principles. We also look to the Partners and other suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Partners and other suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognise the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.
10. Other important information
We reserve the right to close your eTOP account or restrict future registration at any time in our sole discretion.
Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control - We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event.
Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
11. Governing Law and Jurisdiction
Anything related to your order, use of the Websites and Mobile App or these Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.