Terms and Conditions of Sale

Consumer Terms and Conditions

Please read the following carefully. Your use of the https://us.toptrumps.com website and purchase of the products (or services) ("Products") on it means that you agree to these terms and conditions ("Terms").

In these terms and conditions references to "you” are pertaining to you the consumer. Where references are made to "we”, "us”, or "our”, these refer to Top Trumps USA Inc.

Shopping with https://us.toptrumps.com

1. You can Order Products in the following ways:
1a. online via this website.
1b. by telephoning (833) 396-2127 during office hours (9 am-5 pm EST, Monday to Friday)
2. When you place an Order for a Product in any of the ways described above ("Order") you are offering to buy it for the price stated, subject to these Terms.
3. You will receive separate order status-related emails (an ‘order receipt’ and a later ‘order confirmation email) when you place your order online. We will send you an order receipt email to confirm that we have received your order. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic order receipt email does not necessarily mean that we will be able to meet your order. Once we have sent the order receipt email we will then check availability and contact you with a further order confirmation email. If the product is available and the details of the order are correct, this confirmation email will be deemed an acceptance and will specify delivery details and confirm that the item/s has been dispatched. If the product is not available we will also let you know by email.
4. Top Trumps USA Inc. may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If an order is cancelled, any payment made for the Products will be refunded in full. This does not affect your Statutory Rights.
5. All new Orders are deemed separate and each is treated individually.

Price

6. The price for each Product is shown on https://us.toptrumps.com
7. We always try to make sure that the prices on https://us.toptrumps.com are accurate but errors may occur. If we discover an error in the pricing of the Products in your Order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your order at the correct price or cancelling it. (If we are unable to reach you we will treat the Order as cancelled). If an order is cancelled, any payment made for the Products will be refunded in full.
8. You will be notified of the delivery costs automatically before you submit your credit card details, based on the delivery address you specify. Delivery prices (if applicable) are added at the checkout and before you submit credit card details.
9. Prices are quoted on https://us.toptrumps.com in USA Dollars - outside the USA your credit card company should exchange the amount charged to the currency of your country at the current rate. Any additional charges charged by Banks or Credit Card Companies are not our responsibility.
10. Outside of the USA customers are responsible for Import Duty/Tax in their respective countries. Unfortunately, we cannot advise you what these costs will be - please consult your local customs office for more information.

Payment

11. Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart.
12. After you have finished your selection, click on 'Checkout' and you will be asked for a few details we need in order to be able to complete the order.
13. You must pay for your Order before it is delivered and you can do so by credit card, or debit card through one of the following payment gateways such as PayPal.
14. If you are shopping from outside the United States etc., place your order and your credit card company will convert the transaction to US Dollars or your own currency.
15. Payments can be made using a credit or debit card through our payment partner PayPal.
16. Full payment (inclusive of shipping costs) is taken at time of order -including for back-ordered items.

Credit Card & PayPal

18. Orders may be processed online, or by telephone, using a credit or debit card (currently VISA, MasterCard, Delta and Maestro) or via PayPal. We aim to debit money from your account within one working day after receiving your Order.
19. If your delivery address is outside the USA and you order online you must pay by credit card or PayPal.
20. To ensure that shopping online is secure, when paying by credit/debit card your details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet.
21-23. Your credit card company may also carry out additional security checks to confirm it is you making the Order. In the event, your card is declined please contact your card issuer to authorise the transaction.

Availability

24. We try to keep https://us.toptrumps.com as up-to-date as possible but cannot guarantee that a particular Product will always be available. If we can't supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
25. All offers are subject to availability while stocks last. If we are unable to supply a Product you have ordered, we will notify you as soon as we can after receiving your order. If this happens, you may cancel your order and we will refund you the money you have paid for it.

Delivery

26. https://us.toptrumps.com delivers to destinations inside and outside the USA.
27. Orders received before 2 pm will be processed on the next business day (Mon-Fri) following your order, and are dispatched the same day by the specified postal service. At very busy times there may be a delay of a few days
28-30. To avoid disappointment prior to Christmas time and public holidays, please check the USA Post website for the last posting dates: https://www.usps.com/
31. Delivery outside the USA may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company should advise you of the charges due or else you should consult your local customs office. Unfortunately, we cannot advise you what these charges will be and https://us.toptrumps.com is not responsible for them.
32. If these local import/custom charges are refused or not paid by the customer, then the item could be returned to https://us.toptrumps.com or possibly destroyed if too expensive to return. Please note: If this happens, we may not be able to refund you for your order. We would not be able to refund any original postage costs paid and can only refund for the returned product/s minus any costs incurred in returning them to https://us.toptrumps.com
33. Delays sometimes happen, so please allow a further week beyond these times to contact us in case of non-delivery. Please also check with your local postal delivery office in case they were unable to deliver your parcel and are holding it for you. We will make every effort to deliver within the time stated on https://us.toptrumps.com but we will not be liable for any loss caused to you by late delivery.
34. If your goods are not delivered within the estimated delivery time which we quote, please contact us by telephone at (833) 396-2127 during office hours (9 am-5 pm EST, Monday to Friday) or our 'contact form' and we will try and ensure that you receive your order, as quickly as possible, or if you wish you may cancel your order and we will refund the money you have paid.
35. Please Order from https://us.toptrumps.com with enough time to prevent any loss or disappointment resulting from the delivery time as https://us.toptrumps.com cannot be responsible for this.

This does not affect your statutory rights as a consumer.

Orders for Shipping Overseas

36. Currently Top Trumps USA only delivers outside of the USA to Canada. Estimated delivery to Canada is in 5-7 working days.

Copyright and Trade Marks

37. Top Trumps USA Inc. does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
38. The copyright in https://us.toptrumps.com and the content of all the software, website and pages relating to the https://us.toptrumps.comwebsite is owned by or licensed to Top Trumps USA Inc. unless otherwise specified and may not be used, copied or altered without our express consent.
39. Copyright extends to the design, look and feel of Top Trumps USA Inc., Top Trumps, https://us.toptrumps.com, all photographs on it and its marketing materials.
40. You may use Top Trumps USA Inc., Top Trumps brand for private and personal non-commercial use only - i.e. to view, copy and print portions of https://us.toptrumps.com for the sole purpose of placing Orders. The materials on https://us.toptrumps.com may not be used for any other purpose.
41. Top Trumps USA Inc., the "Top Trumps” trade names or trademarks and any and all unregistered trademark rights associated with the "Top Trumps” trademark are the property of Winning Moves UK Ltd and may not be used by anyone without our express permission. Top Trumps USA Inc. derives its rights to the Top Trumps brand and associated trademarks as a wholly-owned subsidiary of Winning Moves UK Ltd. However, Top Trumps USA Inc. does not make any warranty or representation in respect of any other trademarks of the brands featured on https://us.toptrumps.com as these will remain the property of the respective owners.

Linking to https://us.toptrumps.com

42. Anyone linking to https://us.toptrumps.com must not imply or suggest affiliations to Top Trumps or Top Trumps USA Inc. that do not exist, and the link may not refer to or portray Top Trumps or Top Trumps USA Inc. in a false, misleading, derogatory or otherwise offensive manner.

Privacy and Data Policy

43. Top Trumps USA Inc. makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with our Privacy Policy.

Returns

44. We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible and these terms do not affect your statutory rights.
45. We will try to attend to all returns as soon as practically possible.
46. Please note that product returns are not able to be accepted at our office address unless agreed with us beforehand.

Unwanted Products

47. Our policy is to ensure that you are satisfied every time you place an order with https://us.toptrumps.com. If you are unhappy with an item when you receive it or if you simply change your mind please return it to us within 14 days, with the despatch note, for a full product refund, goods must be received in perfect, unopened condition with seals and shrink-wrap intact. The original shipping charge will be refunded only in case of an error on our part.
48. We will make the refund directly to the credit/charge card used to place the original order (depending on how the order was paid) within 14 days or earlier once we have inspected the returned item and are satisfied that it has been returned to us in the condition it was in when delivered to you.
49. You will only have to pay for the return postage of the Products.
50. This does not affect your statutory rights.

Faulty Products

51. We try to select and package the products as well as possible to ensure they arrive in good condition. However, if a product arrives damaged or with defects or is not what you ordered, we will replace it free of charge or provide a full refund as appropriate, if you return the Product to us at the postal address outlined (in point 58) below 14 days of receipt.
52. In these circumstances we will also pay you the cost of the return postage. Please obtain a proof of posting certificate from your Post Office to enable us to process the refund for your return postage costs.
53. For help with items later than 14 days after your initial purchase please contact us via our 'contact form' for more information.
54. This does not affect your Statutory Rights.

Returning Unwanted or Faulty Products

55. Please contact us by telephone at (833) 396-2127 during office hours (9 am-5 pm EST, Monday to Friday) or contact us via our 'contact form to inform us of your wish to return Products.
56. We may allocate you a Returns Code which should be included with the package to improve the processing of your return.
57. We may also advise you on how to send the item back to us. Occasionally items may have to be picked up by a courier service.
58. Otherwise, please use a secure delivery method which requires a signature upon receipt (such as via Recorded Delivery) and return to:

Top Trumps USA - Returns
C/o Total Biz Fulfillment
10801 LAUREL HILL DR SW
FROSTBURG
MD - Maryland
21532-3437

You will be responsible for the returned Products until they reach us.

Top Trumps (USA) Responsibilities

66. https://us.toptrumps.com has tried to make the descriptions (including all pictures) of the Products as accurate as possible.
67. https://us.toptrumps.com shall insure ordered products at their retail value whilst being delivered to you. Please check the delivered Products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
68. https://us.toptrumps.com will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
69. Because of the nature of the Internet, Top Trumps USA Inc. provides and maintains https://us.toptrumps.com on an "as is”, "as available" basis and makes no promise that use of https://us.toptrumps.com will be uninterrupted or entirely error-free. We are not responsible if we are unable to provide our Internet services for any reason beyond our control.
70. Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
71. Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
72. You will be responsible for any breach of these terms by you and if you use https://us.toptrumps.com in breach of these terms you will be liable to and will reimburse Top Trumps USA Inc. (https://us.toptrumps.com) for any loss or damage caused as a result.
73. These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Top Trumps USA Inc.'s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
74. Top Trumps USA Inc. will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
75. If provided please read the instructions, manuals and other user documentation that comes with your Products carefully. You are urged to use all Products safely and in accordance with the manufacturer's guidelines.
76. These terms do not affect your statutory rights as consumers which are available to you.
77. Subject as aforesaid, to the maximum extent permitted by law, Top Trumps USA Inc. excludes liability for any loss or damage of any kind however arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Top Trumps USA Inc. Winning Moves and https://us.toptrumps.com shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
77a. any incorrect or inaccurate information on https://us.toptrumps.com;
77b. any interruptions to or delays in updating https://us.toptrumps.com;
77c. the infringement by any person of any Intellectual Property Rights of any third party caused by their use of https://us.toptrumps.com or any Product purchased through https://us.toptrumps.com;
77d. any loss or damage resulting from your use or the inability to use the https://us.toptrumps.com website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control;
77e. any loss of profit wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
77f. the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External Sites") to which https://us.toptrumps.com link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
77g. all representations, warranties, conditions and other terms which but for this notice would have an effect.

Contacting Us

If you would like help when ordering, information about a product, a request for a product or if you would just like to provide us with feedback on our service, please email us.

You can contact us:
By Contact Form: https://us.toptrumps.com/pages/contact-us
By post: Top Trumps USA Inc.150 Chestnut Street, 4th Floor Unit #9, Providence, Rhode Island, 02903-4649 USA
By phone: (833) 396-2127 (between the hours of 9 am and 5 pm EST, Monday to Friday).

Updates

Top Trumps Inc. (https://us.toptrumps.com) may make alterations to these Terms & Conditions from time to time. These changes shall become effective immediately as soon as they are posted on this site. It is your responsibility to check these Terms & Conditions for updates.

Top Trumps USA Inc.
150 Chestnut Street
4th Floor Unit #9
Providence
Rhode Island
02903-4649 USA
Tel: (833) 396-2127
Company ID# EIN 46-0522053