Terms and Conditions
TopHomePlus is the owner and operators of the following website: tophomeplus.com (“Site”).
These terms (“Terms”) set out how you may use the Site and the content within it, both when you register for and use an Account, when you use the Site as a guest (i.e. where you use and/or browse the Site without logging into the TopHomePlus Account). Use includes without limitation accessing, browsing (with or without purchase), registering and/or submitting any Contributions (defined below).
These Terms also set out how you may interact with us on our official social media accounts (including without limitation our accounts on Facebook, Instagram, and Youtube) (“Social Media”). Interacting in this context includes without limitation: following us, “liking”, “resharing”, or writing a comment in relation to a page, or submitting a Contribution (defined below) on the Social Media (“Interacting” or “Interaction” (as applicable).
The Site and the Social Media shall together be referred to as the “Services” in these Terms.
Please read the Terms and the Other Terms carefully before you start to use the Services. By using the Site and Interacting with us on the Social Media, you are agreeing to these Terms and the Other Terms (collectively “Our Terms”) and agree to comply with them. If you do not agree to Our Terms you must not use the Services.
You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of Our Terms and that they comply with them.
We reserve the right to amend these Terms from time to time. The Terms were most recently updated on December 18, 2020.
Content on the services
The content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely.
We will update the Services from time to time, and may change the content at any time.
Although we make reasonable efforts to update the information on the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on the Services is accurate, complete or up-to-date.
We do not guarantee that the Services or any content on them, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Services without notice.
Placing an order on site
When you go through the checkout process and place an Order with us on the Site (even where you are a guest i.e. where you have not logged into the TopHomePlus Account (“Guest”) you will provide to us various information about you including your name, email address, payment address, delivery address and telephone number. You must ensure that the details you input are correct and personal to you or an email address that is used by another person) to ensure the accuracy and security of your information and to ensure that we can tailor our services to you. We use the email addresses you have inputted as a Guest to link Orders to you so it is important that this email address is personal to you to ensure the security of your information and to ensure that our information about you is kept accurate and up to date.
Where you are placing an Order as a Guest you will be given the opportunity to register for the TopHomePlus Account. We will use the details that you have inputted during the checkout process to set up your account and then so all you will need to do is input a password which you will need to login to your TopHomePlus Account. You must ensure that the email address you have inputted is personal to you, if it is not, please do not proceed to registration otherwise the other persons using your email address may be able to access your account and all your Account Information (see below). You must also ensure that the password that you set is not obvious to any third party to ensure the security of your Account Information.
Where you are the TopHomePlus Account holder and you proceed through the checkout without logging into your TopHomePlus Account upon inputting of the email address (that you use to login to your TopHomePlus Account) you will be prompted to login to your TopHomePlus Account by being asked to input your password. If you input your password, you will be logged in and the relevant fields in the checkout process will be populated with your Personal Details. If you do not input your password, you will be treated as a Guest and will need to complete your information in the relevant fields of the checkout process.
Where you proceed as a Guest we will store your Order details against your email address. We will repeat this process each time you use the Site and place and Order using that email address.
Your TopHomePlus account details
When you register for TopHomePlus Account, you will be required to provide certain details about you including your name, email address, payment address, delivery address, date of birth, and you will be asked to provide an email address and password which you will need to use to login to your TopHomePlus Account(“Login Details”) (collectively the “Personal Details”). You must also ensure that the password that you set is not obvious to any third party to ensure the security of your Account Information.
You must regularly review the Personal Details provided and change any details where your circumstances change e.g. where you change your address, email address or name. It is your responsibility to ensure your Personal Details are kept accurate and up to date. It is important that your details are kept accurate and up to date to ensure we can tailor our services to you and ensure our service is as efficient as possible for you, for example, we will use your details to pre-populate fields your Personal Details in the checkout process when you are logged in.
It is important and you must ensure, that your Personal Details are personal to you (and not anyone else), for example, you must not as part of your Login Details or otherwise, provide a generic email address (e.g. firstname.lastname@example.org) or an email address that is used by another person.
You must also treat all your Personal Details as confidential information. You must in no circumstances disclose your Login Details to any other person. If you know or suspect that another person has your Login Details you must inform us immediately by contacting our Customer Care team at email@example.com.
We will make available to you on your TopHomePlus Account your Personal Details and your order history (i.e. details of orders you have placed with TopHomePlus) (“Account Details”). You must always log out of your TopHomePlus Account after you have finished. This will prevent unauthorized people from accessing your Personal Details and your Account Details. We reserve the right to close /suspend/ disable your TopHomePlus Account at any time and in any circumstances, including without limitation where:
- We find out that an unauthorized person has accessed your TopHomePlus Account;
- A proxy IPs (Internet Protocol Addresses) is being used in order to attempt to hide the use of multiple accounts; or
- Your use disrupts the services we provide in any way or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You may submit reviews, profiles, images, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the Site or on the Social Media whether relating to our Site, products, promotions or other matters upon which you wish to comment (collectively “Contributions”), as long as such Contributions comply with our contribution standards set out below (“Contribution Standards”).
By submitting a Contribution you agree that we and third party service providers acting on our behalf may contact you about your Contribution and use your Contribution.
Your submission of a Contribution grants to us an irrevocable, perpetual, royalty-free, transferable and sub-licensable right and license to use, store, copy, reproduce, modify, edit, adapt, translate, delete, publish, translate, create derivative works from, perform, sell and/or distribute, such Contribution, and incorporate such Contribution into any form, medium or technology, whether whole or in part throughout the world without any compensation to you. By submitting a Contribution you waive all resale rights, performance and moral rights in the Contribution including without limitation your right to be attributed to the Contribution and the right to object to the derogatory treatment of the Contribution.
All Contributions will be considered non-confidential.
Intellectual Property Rights
The intellectual property rights in the Services (including without limitation the content and software used in the Services) remains our property or the property of or licensors (as applicable). These rights are protected by copyright, treaties and laws around the world and are expressly reserved.
Any use of the Services, including without limitation copying, storing in whole or in part, for a commercial use is prohibited without our prior written permission.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use.
You must not:
Use any part of the content on the Services for commercial purposes without obtaining a license to do so from us;
Modify the paper or digital copies of any materials you have printed off or downloaded from the Services in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which is provided on the Services;
Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by us or our licensors on the Services;
Use or otherwise reproduce the “TopHomePlus” name and/or logos (or any similar marks) without our prior written consent.
Our status (and that of any identified contributors) as the authors of content of the Services must always be acknowledged.
Your Interaction with us on the Social Media may involve you submitting content, a photo or video of you (“Your Content”). By Interacting with us on the Social Media you hereby grant us a non-exclusive, transferable, royalty-free, worldwide license to use Your Content on the Social Media and on other sources notified to you on the relevant Social Media page. This includes without limitation a license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content (or any part of Your Content) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Use may also include sharing Your Content with trusted third parties.
If you print off, copy or download any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Limitation on Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on them, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Services or use of or reliance on any content displayed on the Services.
Please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes, and 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 equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on the Services, or on any website linked to the Services.
We do not guarantee that the Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access the Services. You should use your own virus protection software.
You must not misuse the Services.
You must not, in relation to the Services: introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or in breach of confidence or is any way offensive or obscene attack the Site via a denial-of-service attack or a distributed denial-of service attack; commit or encourage a criminal offence; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights (including without limitation intellectual property rights); send any unsolicited advertising or promotional material / “spam”; attempt to affect the performance or functionality of any computer facilities access through the Site hack into any aspect of the Services; and/or corrupt data. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use of the Services will cease immediately.
You must not use the Services for any commercial purposes (including without limitation using automated systems or software to extract data from the Services) without our prior written consent.
Third Party Links and Resources on Our Site
Where the Services contain links to other site and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those site or resources.
We assume no responsibility for the content of websites linked on the Services. Such links should not be interpreted as endorsement by us of those linked websites. When you activate any of these links you will leave the Services and we have no control over, and will accept no responsibility or liability for any loss or damage that may arise from your use of them.
By interacting with us on the Social Media (including without limitation following us on the Social Media, “liking”, “reposting”, writing a comment in relation to a page on the Social Media) (“Interacting” or “Interaction” (as applicable) you are consenting to our interaction with you on the Social Media and the processing of your information accessed on the Social Media.
The information about you that may be collected when you Interact with us on the Social Media may include without limitation your name, your user profile, your age, your preferences, choices and viewpoints with regards to the topic or subject matter of the relevant Social Media page, your photos and other images and your videos.
Your Interaction with us on the Social Media may also involve you submitting a photo or video of you (“Your Image”).
By Interacting with us (whether on the Site, Social Media or otherwise) you consent and grant to TopHomePlus a perpetual, worldwide, royalty-free license to use Your Image and Contributions for the purposes of promoting, advertising and endorsing TopHomePlus and TopHomePlus’ goods and services, including without limitation for the purposes of your participation in any promotional activity for the same, and in any media including without limitation television, Social Media, on our Site, in print and outdoor advertising materials. We may want to use Your Image and Contributions for additional purposes which will be detailed when we collect Your Image and/or in any promotional terms and conditions which will be featured on our Promotions Terms page
We are working to make the Site as accessible as possible to be used by everybody. You will notice changes to the Site over the coming year to help with navigation, reading text, color schemes and use of screen readers.
If you have any questions about these Terms please write to Customer Care firstname.lastname@example.org
Terms of Sale
TopHomePlus is the owner and operator of the Site and the relevant accounts on Social Media.
This page tells you the legal terms and conditions (“Terms”) on which we sell any items on the Site (“Items”) to you. Please note these Terms only apply to the purchase of Items on the Site. Purchase of TopHomePlus Items from any other source will be governed by the terms and conditions applicable at the relevant source. Please note that promotions and offers available for purchases on the Israeli Site, and published on our social media channels, may not be available for purchases through US site, and vice versa.
Please read these Terms carefully and make sure that you understand them before ordering any Items from the Site. Please note that before placing an order you will be asked to agree to these Terms. By placing an order on the Site you confirm your acceptance of these Terms.
We amend these Terms from time to time. Every time you wish to order Items, please check these Terms to ensure you understand the terms which will apply at that time.
We reserve the right to amend these Terms from time to time. These Terms were most recently updated on December 18, 2020.
How the Contract is Formed Between You and Us on Site
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order.
Please take the time to check the details of your order at each page of the order process and before clicking “Confirm and Pay”, as you will not be able to make any changes to your order after this point.
After you place an order by clicking “Confirm and Pay”, you will receive an e-mail from us acknowledging that we have received your order. We then send you an email that confirms that the Items have been dispatched (“Dispatch Confirmation”).
Please note that items are subject to availability. As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to particular items may change. If an Item becomes out of stock we will notify you as soon as possible and you will be refunded where we have already taken payment.
We reserve the right to refuse an order for example if the Item you have ordered is unavailable or out of stock, if we are unable to obtain authorization of payment, if there is an error in the product information including price or promotion or if we suspect fraudulent activity.
If we are unable to supply you with an Item in these circumstances we will inform you of this by e-mail. If you have already paid for the Items, we will refund you the full amount including any delivery costs charged as soon as possible.
Items on the Site
The images of the Items on the Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Items. Your Items may vary slightly from those images.
All sizes and measurements of Items are approximate, however we do make every effort to ensure they are accurate as possible.
We take all reasonable care to ensure that all details, descriptions and prices of Items are as accurate as possible. We reserve the right to refuse orders where information about Items has been mis-published, including without limitation prices and promotions.
All our Items are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any Items in a business or public environment.
Please be aware that our Items are not aimed at persons aged under 16 so please take extra care when purchasing Items as gifts for persons under this age group.
We take all reasonable care to ensure that the prices of Items are correct at the time when the relevant information is entered onto the Site.
Prices for Items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched.
Please note that the prices listed on the Site are only applicable for items purchased on the Site and not through any other source.
The price of an Item does not include delivery and returns charges. You will be provided with details of our delivery charges during the order process. You can also see our delivery options and charges on our Delivery Details page. You can get information about charges for returning items if you choose to use one of our returns methods on our Returns Information Page.
Please note that whilst we take utmost care in ensuring the content on the Site (including descriptions of the Items and associated services such as shipping, payment terms, offers and promotions and delivery timescales) are accurate the Site may at times contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Where this affects an order that you have already placed we will notify you of the error if it will impact upon your order. In this regard, we reserve the right not to fulfil any orders that you have placed based on information on the Site that may contain errors or inaccuracies.
You can pay for Items on the Site using the following payment options: Mastercard and Visa credit cards, American Express charge cards and PayPal.
You can pay for Items in any of the following currencies: US Dollars.
All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorize payment then you will be notified as soon as possible.
We may undertake searches with credit reference agencies for the purposes of verifying your identity and the personal information you submit as part of an order. To do so the agencies may check your personal information against any particular information on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. We may also use your personal information for the purposes of prevention or detection of fraud. By submitting your order you agree to this.
All Items ordered remain our property until we receive full payment from you.
Shipping and Delivery
Shipping fees will be applied in addition to the prices for the Items you are purchasing. The cost of the shipping fees will depend on the delivery option you have chosen.
Please note that in addition to the Items and shipping fees we apply to your order, you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs authority for further information so that you are aware of the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes. In the event that you fail to pay such duties and taxes or you fail to collect your order, and the order is then returned to us, we will require you to pay any costs that we have incurred as a consequence.
You must provide us with complete and accurate shipping address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We cannot be liable for delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
We will make every effort to deliver your order within estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control for example, material shortages, travel or transportation disruption, import delays, software or technical failures or higher than anticipated demand. Please note delivery of your order may take longer during sales or other busy periods.
We are unable to deliver on public and bank holidays, Christmas Day, Boxing Day or New Year’s Day. On these dates, delivery will take longer than usual. Please allow an extra working day (i.e. Monday-Friday, excluding Saturdays, Sundays and public holidays of all religions) for each of these days when calculating the estimated delivery date and when choosing your delivery option.
The goods will be imported on behalf of the consignee/buyer. The consignee authorizes TopHomePlus to import the goods on his behalf. Further, the consignee/buyer agrees that TopHomePlus may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.
If you wish to return an item you bought please send an email to: email@example.com
With the item’s name and the order number - we will contact you within 3 business days
If you are a consumer, you may only purchase Items from the Site if you are at least 16 years old. Otherwise you a parent or guardian must purchase Items from the Site for you.
You agree not to use any Items purchased for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We only supply the Items for domestic and private use. If you are not a consumer you must obtain our prior written consent to purchase Items from the Site. Nothing in these Terms excludes our liability for death or personal injury caused by negligence, for fraud or any other liability that cannot excluded or limited by law.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control.
We may transfer our rights and obligations under our contract with you to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
When you purchase Items from us, the contract formed is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you have any questions about our Terms or Site please contact our Customer Care Team at firstname.lastname@example.org
Discount Code Promotions Terms & Conditions
These terms and conditions apply to the use of discount codes (“Code”) offered to you by us on our website, social media and email campaigns (“Promotional Material”) (“Code Promotion”). The Codes offer the discounts stated in the Promotional Material (“Discount”) and can be redeemed against your purchases on the applicable TopHomePlus website stated in the Promotional Material.
- To redeem the Discount you will need to select the items that you wish to purchase and then proceed to checkout where you will need to enter the code shown in the Promotional Material (“Code”) at “enter code” section of the checkout process. You can only use the Code once. You cannot use the Code and apply the Discount in conjunction with any other offer, discount or promotion. You cannot use the Code for any other purpose, other than as set out in these terms and conditions. You cannot transfer or exchange the Discount for any purpose, amount, gift, items, money, vouchers or other form of compensation.
- By using the Code you agree to these terms and conditions. If you do not agree to these terms and conditions please do not use the Code.
- The Discount is available for the period stated in the Promotional Material (“Promotion Period”). At the end of the Promotion Period the Discount will no longer be available.
- You will need to purchase an item to use the Code;
- You must be resident in the in the territory stated in the Promotional Material and purchase items from the Website stated in the Promotion;
iii. You must be aged over 16. If you are aged under 18 you must have the permission of your parent or guardian to participate in this promotion and by using the Code you confirm that you have obtained such permission;
- Where the Code has been sent in a personal communication to you e.g. email, you should not share the Code with anyone else. The Code must only be used by you;
- You must use the Code as stated in these Terms and Conditions.
We reserve the right to refuse the Discount to any person that does not satisfy these conditions of use.
- We reserve the right to cancel or amend the Code Promotion at any stage where we deem it necessary and/or there are circumstances outside our reasonable control which affects or could affect the proper operation of the Discount Code Promotion e.g. software or network malfunction preventing the use and application of the code.
- All purchases using the Code are subject to the Terms of Sale. Where goods purchased using the Discount are subsequently returned for a refund, any refund due will take into account the Discount and an appropriate amount will be deducted from your refund.
- Your use of the Code may be subject to other terms and conditions for example, where you have received the Code upon registering for TopHomePlus Account you must comply with the New Customer Sign Up Terms and Conditions.
- To the fullest extent permitted by law we exclude any and all liability for any loss, damage or injury occurring to you or any third party arising from the promotion.
- This promotion is administered by TopHomePlus.
New Customer Sign Up Terms and Conditions
These terms and conditions apply when you register for a TopHomePlus account (“Account”). You must agree to these terms and conditions to register an Account. If you do not agree to them please do not register an Account.
- You must be aged over 16 to open an Account. If you are aged under 18 you must have the permission of your parent or guardian to open an Account and by registering you confirm that you have obtained such permission.
- All purchases made using your Account will be subject to the Terms of Sale.
- Where you are participating in our promotions you must also comply with our Promo T&Cs including without limitation our Discount Code Terms and Conditions where you have been supplied with a code to redeem a discount against your purchases.