Terms & Conditions

1. These terms

1.1 What these terms cover.

These are the terms and conditions on which we supply products to you, whether these are goods or services.

1.2 Why you should read them.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and us may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss this further.

1.3 Are you a business customer or a consumer?

In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4 If you are a business customer this is our entire agreement with you.

If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement within this agreement.

2. Information about us and how to contact us

2.1 Who we are.

We are TopReg, a trading name of Top Reg Limited a company registered in England and Wales. Our company registration number is 12948187 and our registered office is 1 Beauchamp Court, 10 Victors Way, Barnet, Hertfordshire, England, EN5 5TZ.

2.2 How to contact us.

You can contact us by telephoning our customer service team at 03303 904222 or by writing to us at TopReg, Units 1-3, Court Farm, Tithepit Shaw Lane, Warlingham, Surrey, CR6 9AT or emailing us on [email protected].

2.3 How we may contact you.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails.

When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order.

Our acceptance of your order will take place when we email you a “Confirmation email” to accept it, at which point a contract will come into existence between you and us. All aspects of the online order process, including but not limited to the “Buy Now” or check out function on the website and the email to confirm we have received your order, should be treated as an “invitation to tender”.

3.2 If we cannot accept your order.

If we are unable to accept your order, we will inform you of this in writing. If we have already charged you for a product that we cannot source, we will email you within a reasonable time frame to process a refund. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number.

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We only sell plates that are legally recognised within the United Kingdom.

Our website is solely for the promotion of our products in the UK. We will accept orders that are addressed within the European Union, at our discretion. In a circumstance that you place an order from outside the UK and EU, and it is accepted as an invitation to tender, we will contact you within 3 working days to process a refund if we are not able to fulfil this request.

4. Supply of right to a particular Registration Mark (Number plate).

4.1 You are only applying for the right to apply for the transfer of the Registration Mark.

The transfer would have been deemed to be completed upon the issue of a certificate from the DVLA.

4.2 Your right to display the number plate.

Upon your order being accepted (subject to clauses’ 3.1 and 3.2), you or a named nominee of your choice, will have the rights to display the registration mark subject to any provisions imposed by the DVLA and all applicable legal regulations and procedures in force at the time.

4.3 Our service is subject to availability.

The majority of Registration Marks displayed upon our website are third-party sourced and therefore, subject to availability and subject to the provisions in clauses’ 3.1 and 3.2.

4.4 Products may vary slightly from their pictures.

The images of the products on our website are for illustrative purposes only, unless you purchase a Bolt-on Service (a physical number plate), you will not be provided with any physical product with this service. It is a legal requirement in the UK for all UK number plates to include our BSAU number, postcode and logo. Including these ensures that all number plates meet the specified standards set by the Driver and Vehicle Licensing Agency (DVLA).

4.5 We are not responsible for delays beyond our reasonable control.

We cannot be held liable for any losses that arise from any situation that is beyond our reasonable control, inclusive of, but not limited to any actions or neglect of any third-party providers that we may or may not be in association with.

4.6 If your Registration Mark order is not accepted.

We will make all efforts to ensure that our online catalogue of Registration Marks’ is up-to-date. However, in the unlikely circumstance that this is not possible, and you complete our online order process (which should be considered to be an invitation to tender, see clauses 3.1 and 3.2) we will notify you as soon as possible to process a refund and/or use all reasonable endeavours to locate you a similar replacement Registration Mark.

4.7 Returns, Refunds and Exchanges are not accepted.

For Registration Marks, no returns are accepted as they are considered to be a bespoke and personalised product and therefore, fall outside of any usual consumer regulations and are exempt from cooling-off periods.

However, at our discretion, if we are made aware of the request to cancel within 3 working days of the purchase, the order may be cancelled subject to a £60 administrative fee. This is determined on a case-by-case basis and will only be considered if the request falls within the specified time frame.

4.8 We may offer to re-sell any unwanted Registration Marks that you purchase from us.

This service is subject to our complete discretion, please contact our customer services department to enquire further.

4.9 Please do not purchase Registration Marks that are newer than the vehicle they are intended to be used on.

TopReg will not be held responsible for the purchase of any Registration Marks that are not legally compliant by giving the perception that a vehicle is newer than it actually is and will not process any refunds, returns or exchanges on this basis.

5. Supply of Acrylic Number Plates (incl. 3D-Gel & 4D) and Fixing Kits

5.1 Products may vary slightly from their pictures.

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Although, a product may vary slightly from those images it will be fully compliant with DVLA regulations and all applicable legal regulations at the time that it is produced.

5.2 Product packaging may vary.

The packaging of the product may vary from that shown in images on our website.

5.3 Products cannot be returned, refunded or exchanged.

We are not able to return physical number plates for any reason other than them being faulty (providing that you notify us within 3 working days). Under Consumer Contracts regulations, these products are considered to be made to the consumer’s specifications or clearly personalised and as such, are exempt from the usual returns legislation.

5.4 Products that are damaged in transit.

TopReg makes every effort in testing our packaging to ensure it is able to sufficiently survive transit. We are working with Royal Mail to fulfil orders. For any products that are damaged in transit please let us know within 3 working days and we will provide you with a full replacement item with time of the essence. For more information on Royal Mail’s services, or, their Terms and Conditions please visit their website.

5.5 The procedure to report a product damaged in transit.

Please report any/all damage to a product that has been damaged in transit with time of the essence and in any case, within 3 working days. When emailing our customer support on [email protected], please provide your full name, order number as well as a minimum of three clear pictures that show the damage. It is at our complete discretion to quantify whether the damage is caused via transit or yourself.

5.6 Products that are damaged after transit.

TopReg does not provide any kind of fitting service, as such, in the event that a product is damaged, and you fail to notify us within 3 working days. It will be deemed to have been damaged by yourself and we will not be held liable whatsoever.

5.7 Products will not misrepresent.

We will not sell you a number plate that is not formatted in a way that is considered to be legal, this is inclusive of improper spacing and letter/number placement. We also reserve the right to make changes or modifications to your number plate to ensure they are in accordance with the latest regulations and legislation.

5.8 Please do not purchase Number Plates that are newer than the vehicle they are intended to be used on.

TopReg will not be held responsible for the purchase of any Number Plates that are not legally compliant and give the perception that a vehicle is newer than it actually is.

5.9 If you haven’t opted for our Transfer Management Service.

You will be solely responsible for registering the Registration Mark with the DVLA and TopReg cannot be held liable for any omissions or errors beyond the supply of our service.

6. Sell a Number Plate Service

6.1 By using our “Sell a Number Plate Service”, you warrant that you have the rights to the Registration Mark.

You warrant that you are the lawful owner of the Registration Plate/Mark and able to produce the Registration Marks’ V750 certificate or V778 certificate.

6.2 We are not bound by any estimate or valuation we provide.

You warrant that by using service to sell your Registration Mark/Plate, any valuation we provide should be perceived as an estimate based on current market trends and positions and we are in no way obliged or bound by any estimation or valuation we provide.

6.3 We do not guarantee that your Registration Mark/Plate will be sold.

You warrant that we cannot guarantee that your Registration Mark/Plate will be sold within a particular time frame, at any given price whatsoever.

6.4 You agree to use our service in good faith.

You warrant that you will provide a realistic price for selling your Registration Mark/Plate and we have absolute discretion in rejecting any Registration Mark/Plate that we deem to be sold at a price that is not considered to be realistic or competitive.

6.5 We will charge commission to sell and advertise your Registration Mark/Plate on your behalf.

You warrant that this service will be subject to the offer we present to you when you are applying to list your Registration Mark/Plate.

6.6 We will liaise with the buyer on your behalf to present you with offers.

If you are the buyer, you warrant to ensure the offers presented are reasonable. 6.7 The seller is not in any way bound to accept any offer. It is understood by the buyer that the price and offer accepted by the seller remains to be at their absolute discretion.

6.7 A contract will come into existence when the buyer offers a price to the seller and the funds are received by ourselves from the buyer.

No offer will come into existence before the funds have been exchanged and the relevant (V778 or V750), certificate has been confirmed to be in the possession of the seller.

6.8 When funds are received by us from the buyer, we will transfer the seller within 7 working days.

We will take all reasonable steps to shorten this transfer period, however, we warrant that the funds will be transferred to the sellers account within 7 working days.

6.9 We will act as a third-party broker between yourself and the buyer.

We cannot be held liable for any actions of the seller or buyer that may lead to the delay of the Registration Mark/Plate being exchanged. We will use all reasonable endeavours to ensure that the transaction runs as efficiently as possible, but we cannot be held liable for any delays that may be out of our reasonable control.

7. Transfer Management Service or Certificate of Entitlement (V750) or Retention document (V778)

7.1 Transferring the rights of a Registration Mark through using TopReg.

The buyer will be providing all information, you warrant to exclude us from liability in any event where erroneous or incorrect information has been inputted by yourself.

7.2 You are registering the right to display a Registration Mark on a vehicle of your choice.

This is a separate add-on service and is unrelated to buying the right of ownership of any particular Registration Mark / Plate.

7.3 We bare no responsibility for Registration Marks that have not been assigned to an appropriate vehicle before the date of expiry listed on the (applicable) V750 or V778 Certificate.

We ask that the buyer pays particular attention to this date as we will not accept any liability for any oversight on the buyers behalf.

7.4 Should you require an extension on this Certificate date, a duplicate or a replacement certificate please contact us.

We are happy to offer this service at our discretion but will in no way be bound to do so. If we do deliver this service, it will be subject to the service terms and conditions listed within this contract.

7.5 We will not refund the service if we have attempted to transfer the Registration Mark.

The DVLA charge a set fee of £80, if we attempt to transfer a Registration Mark and it has failed due to an error on your behalf, we will not refund the service as the service would have deemed to be delivered by us.

7.6 It is unlawful to display a Registration Mark before receiving confirmation of a successful transfer.

We will accept no liability for your actions if you display a Registration Mark before the successful completion of a transfer, or, if your transfer is deemed unaccepted.

7.7 The transfer will be deemed to be successful upon the issue of a confirmation email.

This email will be inclusive of all supporting documents obtained from the DVLA as well as written confirmation from TopReg to confirm that the transfer has been successful.

8. Holding Deposit Service

8.1 For a number of our services where we are procuring a Registration Mark / Plate from a third-party (including our DVLA Auction Service).

We may request that you put down a 50% holding deposit.

8.2 Following a successfully completed transaction this deposit will be non-refundable.

This will be put towards the total cost of the service and/or product that you are procuring.

8.3 You warrant that where the holding deposit is put down as part of a service, you acknowledge that you are only entitled to a partial refund.

Where TopReg has carried out a service for you, providing we have carried it out with reasonable skill and care, we are entitled to take a fee for this service.

8.4 Full payment is required within 7 working days.

After receiving confirmation that the registration is available, you are required to make the full payment within 7 working days. Failure to do so may result in you forfeiting your deposit and the order being cancelled.

9. DVLA Auction Service

9.1 From time to time we may offer the service of attending a DVLA Auction on your behalf.

This service is offered at our absolute discretion and is only applicable when DVLA choose to hold auctions.

9.2 We will act as a third-party to attend the DVLA Auction on your behalf.

The service you are procuring is TopReg bidding as part of the auction on your behalf, TopReg cannot guarantee, warrant or ensure that you will receive your desired Registration Mark at any particular price whatsoever.

9.3 We cannot guarantee that you will get the Registration Mark you desire.

We will make all reasonable efforts to attempt to precure your desired Registration Mark. We acknowledge that this is not always possible, we may at our discretion offer a similar Registration Mark if available.

9.4 You warrant that by using this service that you are aware that you will be entering into a legally binding contract.

A contract comes into existence when you enquire with us and we email you a “Confirmation email”, to accept your request.

9.5 We will take a holding deposit that will amount to 50% of the value of the Registration Mark (or the entire transaction).

This fee will be charged immediately when your “Confirmation email” is sent and will be partially refundable to recuperate our costs in fulfilling this service (if you are not the winning bid), at our discretion. Please see section 8 “Holding Deposit Service”, for more details.

9.6 The DVLA charge a set fee of £80 to buy a Registration Mark from them.

This fee is non-refundable and will be paid directly to the DVLA on your behalf should you be the successful bidder on the auction.

9.7 If you win the bid for the auction and you no longer want the Registration Mark.

As stated in paragraph 9.4, a legally binding contract comes into existence once we email you a “Confirmation email”. If you win the auction at the price you agreed, the Registration Mark will be your property and you will be compelled to pay the remaining balance with time of the essence.

9.8 Should your bid be successful.

Should your bid be the winning bid, TopReg will charge a fee of 10% of the value of the Registration Mark as well as the applicable DVLA fees.

9.9 We may at our discretion offer to resell your unwanted Auction Registration Mark.

This service is offered at our absolute discretion and TopReg is in no way compelled to resell the Registration.

10. Financing through Klarna

10.1 When you finance your purchase though Klarna, a contract that is legally separate from us comes into existence.

When you use Klarna, their services and features are as described when you sign up for the service and you enter into an agreement with Klarna by accepting these terms on the first occasion that you use Klarna and create your user account in order to finance our services.

10.2 Klarna’s terms and conditions

You can at any time access the latest version of these terms here or phone their customer services on (+44) 0808 189 3333.

11. FAQ’s

11.1 Our FAQ’s

You can see answers of all our most frequently asked questions in our FAQ section.

12. Your rights to make changes

12.1 If you wish to make a change to the product you have ordered please contact us.

We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

13. Our rights to make changes

13.1 Minor changes to the products.

We may change the product:

1. to reflect changes in relevant laws and regulatory requirements;
   and;
2. to implement minor technical adjustments and improvements, for example to address a security threat.

These changes will not affect your use of the product.

13.2 More significant changes to the products and these terms.

In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

13.3 Delivery costs.

The costs of delivery will be as displayed to you on our website during the “checkout” process, where the cost of Royal Mails’ standard next day delivery service will be displayed. We are not responsible for any delays caused by Royal Mail as they are considered to be beyond our reasonable control for more information please see their website.

13.4 When we will provide the products.

During the order process we will let you know when we will provide the products to you.

1. If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible (in any case within 7 working days) and we will provide you with the Royal Mail tracking service, so you are able to track the progress of your products’ at will. In any case, this will be on or around the time specified by Royal Mail.
2. If the products are one-off services. (Transfer Management Services and Retention Certificate Services). We will begin the services on the date set out in the order or on the date we accept your order. The estimated completion date for the services is as told to you during the order process.

13.5 We are not responsible for delays outside our control.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

13.6 If you are not at home when the product is delivered.

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, Royal Mail will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. We are not responsible for a delay that cannot be considered to be under our reasonable control. For more information, please see their website.

13.7 If you do not re-arrange delivery.

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

13.8 When you become responsible for the goods.

A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or when a carrier organised by you, collect it from us.

13.9 When you own goods.

You own a product which is goods once we have accepted your order and you receive a “Confirmation email” confirming that we are able to fulfil your order (subject to clauses’ 3.1 and 3.2).

13.10 What will happen if you do not give required information to us.

We may need certain information from you so that we can supply the products to you, for example, your postage address or details for the purpose of a nominated plate. If so, this will have been stated in the description of the products on our website. We will contact you in writing, to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

13.11 Reasons we may suspend the supply of products to you.

We may have to suspend the supply of a product to:

1. deal with technical problems or make minor technical changes;
2. update the product to reflect changes in relevant laws and regulatory requirements;
   and;
3. make changes to the product as requested by you or notified by us to you (see clause 13).

13.12 We may also suspend supply of the products if you do not pay.

If you do not pay us for the products when you are supposed to (see clause 19.4) and you still do not make payment within 3 days’ of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 19.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 19.6).

14. Your rights to end the contract

14.1 You can always end your contract with us.

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 17 if you are a consumer and clause 18 if you are a business;
2. If you want to end the contract because of something we have done or have told you we are going to do see clause 14.2;
   and;
3. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 14.4.

14.2 Ending the contract because of something we have done or are going to do.

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 13.1(a));
2. we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month
   or;
5. you have a legal right to end the contract because of something we have done wrong.

14.3 When consumers do not have a right to change their minds.

Your right as a consumer to change your mind does not apply in respect of:

1. Acrylic, 3D-Gel, and 4D (True-3D) Number Plates and Fittings;
2. Transfer Management Services, Retention Certificate Services, once these have been completed (even if unsuccessful), even if the cancellation period is still running;
3. Sell a Number Plate Service
   and;
4. Our DVLA Auction Service (A winning bid).

14.4 Ending the contract where we are not at fault and there is no right to change your mind.

Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 14.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them, please contact us to discuss this further as will assess this on a case-by-case basis as this is at our absolute discretion.

14.5 Tell us you want to end the contract.

To end the contract with us, please let us know by doing one of the following:

1. Phone or email. Call customer services on 03303 904222 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
2. By post. Simply write to us at TopReg, Linden House, 34 Crowhurst Mead, Godstone, RH9 8BF, stating your wish to end the contract, including details of what you bought, when you ordered or received it and your name and address.

14.6 When we will pay the costs of return.

We will pay the costs of return:

1. if the products are faulty or misdescribed;
   and;
2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

14.7 How we will refund you.

If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, please contact our customer services for more information.

15. Our rights to end the contract

15.1 We may end the contract if you break it.

We may end the contract for a product at any time by writing to you if:

1. you do not make any payment to us when it is due, and you still do not make payment within 3 working days of us reminding you that payment is due;
2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, any information needed for our Transfer Management Service or Retention Certificate Service;
   and;
3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

15.2 You must compensate us if you break the contract.

If we end the contract in the situations set out in clause 15.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

16. If there is a problem with the product

16.1 How to tell us about problems.

If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 03303 904222 or write to us via email at [email protected] or our postage address; TopReg, Units 1-3, Court Farm, Tithepit Shaw Lane, Warlingham, Surrey, CR6 9AT.

17. Your rights in respect of defective products if you are a consumer

17.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract.

See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

18. Your rights in respect of defective products if you are a business

18.1 If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:

1. conform in all material respects with their description;
2. be free from material defects in design, material and workmanship;
3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
   and;
4. be fit for any purpose held out by us.

18.2 Subject to clause 18.3, if:

1. you give us notice in writing during the warranty period within a reasonable time (3 working days) of discovery that a product does not comply with the warranty set out in clause 18.1;
2. we are given a reasonable opportunity of examining such product;
   and;
3. you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

18.3 We will not be liable for a product’s failure to comply with the warranty in clause 18.1 if:

1. you make any further use of such product after giving a notice in accordance with clause 18.2(a);
2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or good trade practice;
3. you alter or repair the product without our written consent;
   or;
4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

18.4 Except as provided in this clause 18, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 18.1.

19. Price and payment

19.1 Where to find the price for the product.

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 19.3 for what happens if we discover an error in the price of the product you order.

19.2 We will pass on changes in the rate of VAT.

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

19.3 What happens if we got the price wrong.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

19.4 When you must pay and how you must pay.

We accept payment with all major credit and debit cards. When you must pay depends on what product you are buying:

1. For goods, you must pay for the products before we dispatch them.
2. For services, you must make an advance payment of the entire price of the services, before we start providing them.

19.5 Our right of set-off if you are a business customer.

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

19.6 We can charge interest if you pay late.

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

19.7 What to do if you think an invoice is wrong.

If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

19.8 Gift Cards and Vouchers are subject to their own Terms and Conditions.

We may from time to time, offer vouchers to our customers or sell gift cards. TopReg retains the right to revoke, amend or change any terms at any time on discretionary vouchers, particularly, where we may suspect misuse. In any case, vouchers and gift cards are subject to the terms that are contained on them.

20. Our responsibility for loss or damage suffered by you if you are a consumer

20.1 We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

20.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.

20.3 We are not liable for business losses.

If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 21.

21. Our responsibility for loss or damage suffered by you if you are a business

21.1 Nothing in these terms shall limit or exclude our liability for:

1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
2. fraud or fraudulent misrepresentation;
   and;
3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

21.2 Except to the extent expressly stated in clause 18.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

21.3 Subject to clause 21.1:

1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
   and;
2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under such contract.

22. How we may use your personal information

22.1 How we will use your personal information.

We will only use your personal information as set out in our Privacy Policy.

23. Other important terms

23.1 We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

23.2 You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We are under no obligation to do so and may only do so under our own absolute discretion.

23.3 If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

23.4 Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

23.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

23.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business.

If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Last updated: Aug 1, 2024