Terms of service
We are Back On Top LTD (company number 11246859) are the owners and operate the following website: https://backontopclothing.com/ (the “Site”). Back On Top Limited (company number 11246859; VAT number 294 0273 01) is the owner and operator of the Back On Top brand. Back On Top UK shall in these terms be referred to as “we”, “us”, “our” and “Back On Top ”. Our registered office and main trading office address is (Back On Top LTD, Unit 85 wenta business centre, Colne way Watford, WD24 7ND)
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 and services (including the delivery service on the Sites. Purchase of Back On Top Items and services from any other source (including without limitations third party stores and websites selling our items) (“Other Sources”), will be governed by the terms and conditions applicable at the relevant source. Please note that promotions and offers available for purchases on the Site may not be available for purchases through Other Sources and vice versa.
Please read these Terms carefully and make sure that you understand them before ordering any Items from the Sites. 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 SPECIFICALLY DRAW YOUR ATTENTION TO THE CLAUSE ‘LIABILITY’ BELOW FOR DETAILS OF OUR LIABILITY TO YOU UNDER THESE TERMS
You should print a copy of these Terms or save them to your computer for future reference.
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 08.10.18.
How the contract is formed between you and us
The pages on our Site 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 check the details of your order at each stage 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 and, in the case of an order for the Delivery Service, confirmation of your order for that service. This email confirms our acceptance of your order, at which point a contract will be formed between us. We will then send you an email that confirms that the Items have been despatched (“Despatch 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 authorisation 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 email. 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 Webstore
The images of the Items on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour 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. For more accurate detail on sizing of products please visit the size guide.
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. 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.
We may change the Items to reflect the changes in the applicable laws, taxes and regulations, as well as to implement technical adjustments and improvements. These changes will not affect your use of the Items.
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.
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 despatched.
The price of all items on the Site includes VAT (where applicable) at the prevailing rate for which we are responsible to pay as a seller.
Please note that the prices listed on the Site are only applicable for items purchased on the Webstore 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 Shipping Information page.
You can get information about charges for returning items if you choose to use one of our returns methods on our Returns Policy page.
Payment & ID Verification
You can pay for Items (including for delivery) on the Site using the following payment options: Mastercard and Visa credit cards. You can also use PayPal, Apple Pay and Google Pay.
Payment for items will always be taken in Pound Sterling. This is handled by our payment provider Shopify Payments.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified as soon as possible by email.
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 the above terms.
All Items ordered remain our property until we receive full payment from you.
Delivery on orders placed on sites
You will be given various options for delivery of Items during the order process. The options available to you will vary depending on where you are ordering from. To get specific details of delivery options in your area please review the Shipping Information.
Delivery charges will be applied in addition to the prices for the Items you are purchasing. The amount of the delivery charge will depend on delivery option you have chosen.
Please note that in addition to the Items and delivery charges 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 office for further information so that you are sure about 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 delivery 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 sale 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) for each of these days when calculating the estimated delivery date and when choosing your delivery option.
Returns and refunds
If you change your mind about any items purchased you can return them to us within 14 days of the order being delivered to you, provided:
The items are unworn and unwashed (and there are no signs of wear or other stains);
The Items have all tags attached and are returned with correct despatch and order information.
We will refund the price that you paid for the Items taking into account any discounts, promotions applied when you purchased the items. The refund will not include any delivery charges you have paid or the costs of returning the items to us. All refunds will be made using the same method of payment you used to purchase the Items.
The above does not affect your statutory rights. If what you have bought is faulty or misdescribed you may have a legal right to end the contract.
You should return the Items in their original packaging wherever possible, as soon as possible after informing us of your wish to cancel. We will not be responsible for any loss or damage to Items that occur before they are returned to us including where they are lost or damaged in transit.
This right does not apply to Items that cannot be returned for hygiene reasons or Items where an applicable hygiene seal has been removed (e.g. underwear or swimwear). To cancel your order, you must inform us of your wish to cancel in writing either using the Cancellation Form, at the end of these Terms, or by writing to our Customer Care Team If you are emailing us please include details of your order to help us to identify you including your name, address and order number.
Please note that this policy only applies to items you have purchased on the Webstore. For Items purchased from Other Sources, you will need to check the returns policies of the source or seller that it is applicable to.
Our Rights to Cancel
We may end the contract for an Item at any time by writing to you, if you do not make any payment to us when it is due. We may also end the contract if you do not, within a reasonable time, allow us to deliver the Items to you or collect them from us
You can purchase gift cards from our Site (“Gift Card”). Your Gift Card can be used by you if you are the purchaser or given as a gift.
Any payment credited to the Gift Card which is subsequently dishonoured will result in the credit to your Gift Card being revoked.
The value of your purchases will be deducted from the balance on your Gift Card when used; any remaining balance can be used against future purchases.
The Gift Card is not for re-sale and cannot be exchanged for cash. No change or refund will be given. The Gift Card will not be honoured if sold.
The Gift Card will automatically expire 12 months after the last time that you use it to make a purchase or check your balance and any remaining balance will be deducted.
We will not be responsible if your Gift Card is lost, stolen or damaged. It will not be replaced, or its value refunded in any of these circumstances.
The Gift Card remains our property and is not a cheque guarantee, credit or charge card.
You agree not to use any Items and/or the Services 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.
If you are a Consumer, 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.
If you are a consumer, you may only purchase Items from the Webstore if you are at least 16 years old. Otherwise you a parent or guardian must purchase Items for you.
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 organisation, 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.
These Terms are governed by English law. This means your use of the Site and any contract for the purchase of Items through the Site; and any dispute or claim arising out of or in connection with the same will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to settle any disputes arising out if these Terms or your use of the Site.
If you have any questions or complaints about our Items, Terms or Site please contact our Customer Care Team.