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Terms and Conditions

Customer satisfaction

It is very important to us that Top3 by design customers are satisfied with their purchase and understand our terms and conditions. Please read the following policy regarding returns and exchanges. If you remain in any way uncertain, please call or email us.

RETURNS & EXCHANGES POLICY

Your satisfaction is our main concern. If you are unhappy with an item you can exchange it within 14 calendar days from receipt. You may wish to change the style, the colour or the item entirely. In order to do so, you must follow the instructions below.

If you would like to speak to one of our representatives please contact our office 1300 top 333 (1300 867 333) during business hours or email us.

You must return the goods to us within 14 days of receipt at the address stated on your invoice. You must pay the carriage on the item's return, while top3 will pay carriage on delivery of the replacement item (back to you).

The product you return must be in:

new, unused, pristine and unmarked condition, with all the original packaging in unmarked, saleable condition.

Before you return the item you must notify us of the return by phone or email, so that delivery and new selection details can be organised. This is very important as stock sells quickly and we may need to reserve your new selection.

top3 by design is not responsible for any item that is not returned in a new, unused and unmarked condition. We do not sell imperfect items and will not accept the return of any item, which is considered marked or imperfect. If you consider an item flawed or faulty upon delivery, please contact us immediately to discuss its return.

Privacy

Your privacy on the Internet is of great importance to us. Like all websites, we gather information about the users of top3.com.au, we would like you to understand the terms and conditions surrounding the capture and use of this data.

If you remain in any way unsure, please contact us.

top3.com.au PRIVACY POLICY

This privacy statement (this "Statement") discloses the privacy practices for top3.com.au (the "Website") - the information we gather and how we use it. This Statement only addresses the activities from our servers. Other sites (including those to which the Top3 site links and third party sites or services) may have their own privacy policies and practices, which we do not control.

GENERAL PRIVACY INFORMATION

top3.com.au may contain links to partners, advertisers and third party Internet sites and services that may collect data in connection with promotions, e-commerce, etc. They each have separate privacy and data collection practices; independent of top3 by design. Top3 by design has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites.

Please keep in mind that whenever you publicly disclose personal information on any online service or Web site - for example on message boards, through email, or in chat areas - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your personal information, top3.com.au cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. You are solely responsible for any account information you may chose to pass over the internet and via email. Please be careful and responsible whenever you are online. One simple way for added security is to split the required data over two emails, if you choose to forward credit card information via email, and/or write the credit card numbers in words, i.e.; four five six seven…

USE OF INFORMATION

All of the information top3.com.au collects, both what you tell us and what we collect through the use of cookies, is "aggregated" -- meaning that the information from many users is grouped together in a way that does not disclose the personal information of any particular user. We may use this aggregated information to evaluate which products and services are successful and which ones are not, and in order to evaluate which new products and services we should make available at top3.com.au We may use only the anonymous click stream data.

top3.com.au will not disclose any information about any individual without the individual's consent, except to comply with applicable law or valid legal process. There may be cases in which some of your personal information may be used by top3.com.au to target e-commerce promotions and telemarketing activities. In addition, it may be shared with Third parties who assist top3.com.au in producing its Web sites or provide a service to top3.com.au users.

CONTACTING THE WEBSITE

If you have any questions about this Statement, the practices of top3.com.au with respect to personal information or your dealings with this Web site, you can contact us at orders@top3.com.au or telephone 1300 top 333 (1300 867 333).

COOKIES

A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited. But the only personal information a cookie can contain is information you supply yourself. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. A cookie can't read data off your hard disk or read cookie files created by other sites. This random number lets us keep track of "how many" times customers are doing specific things - like visiting our site each month - without really knowing who those customers are. We may use cookies to deliver content specific to your interests and to save your member ID. Users should be aware that top3.com.au can not control the use of cookies or the resulting information by advertisers or third parties hosting data for top3.com.au. If a user does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature; however, users should note that cookies are necessary to operate our shopping cart and may be necessary to provide the user with certain features (e.g., customized delivery of information) available on the top3.com.au website.

Terms & Conditions

In order to use top3.com.au you must read and agree to our Terms & Conditions. They are for your protection and outline our obligations to you, the client. If you remain in any way uncertain, please call our office on 1300 top 333 (1300 867 333), or send us an email.

TERMS & CONDITIONS

top3.com.au Top3 by design
Terms & Conditions of the top3.com.au Website
This Website is owned and operated by Masterbuy Pty Ltd (ABN 11 091 339 481), trading as top3 by design

The following Terms and Conditions govern the use of the top3 by design ("top3") Website ("Site"), the materials and information contained therein and related services made available to you via this Site. If you do not agree to these Terms and Conditions, please do not visit or use the Site.

GENERAL DISCLAIMER

top3 by design, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

EXCLUSION OF LIABILITY AND OVERALL DISCLAIMER

The materials and information provided on this Site and related communications are provided on and "as is" basis. top3 by design assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Web site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by top3by design. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), top3 by design expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. top3 by design shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if top3 by design is expressly advised of the possibility of such loss or damages.

The Terms and Conditions are effective until terminated by top3 by design and top3 by design may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.

PRIVACY POLICY

It is your responsibility to read and familiarise yourself with the top3 by design Privacy Policy. To do this, go to the ABOUT US page and click on the provided link. You must not use this site if you are under the age of 18 without the consent of your parent or guardian who must read and agree to the top3 Privacy Policy and Terms and Conditions.

You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect top3 by design or its users.

We shall share your personal data with companies and organisations in order to enable us to perform credit checks and you hereby consent to us so doing. You should not send any information or material that you consider to be confidential or proprietary, to TOP3 BY DESIGN or any other person, through this Site. Any information or material sent to top3 at, or through this Site, is deemed to be not confidential. You are deemed to grant to TOP3 BY DESIGN an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. top3 is free to use any ideas, concepts, know-how or techniques that you send to top3, for any purpose.

COPYRIGHT

You must comply with all proprietary and copyright notices on this site. This website is owned by top3 by design and its associates, and subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means: (a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site; (b) alter, de-compile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or (c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of top3 by design.

Any software which you down load from this Site is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by down loading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.

All trademarks, brands and names appearing on this site are the property of their respective owners.

Nothing contained on this Site should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the Site without the express written permission of top3 or third party owner.

YOUR ACTIVITY

You use this site at your sole risk. You agree that you will be personally responsible for your use of this site and for all of your communication and activity on this site. We reserve the right to deny you access to this Site, or any part of this site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent bassis and any decision to do so is final.

LINKS AND THIRD PARTY REPRESENTATION ON THIS SITE

TOP3 BY DESIGN makes no representations or warranties about any other website which you may access through this Site ("Other Website"). When you access an Other Website, that Other Website is independent from this Site, and TOP3 BY DESIGN has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Site. Other Websites are not under the control of TOP3 BY DESIGN, and TOP3 BY DESIGN is not responsible for the accuracy of any information on any Other Website. TOP3 BY DESIGN does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.

INFORMATION AND IMAGES IN RELATION TO PRODUCT

referred to in this site has been provided by the respective manufacturers of the relevant products. Product information and illustrations are published with the permission of the relevant manufacturers and/or owners of that product. Images are representative only and copyright to the owners. Whilst the product information has been carefully checked, (as it is often translated), its accuracy cannot be guaranteed.

GOVERNING LAW

These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts. Nothing contained in these Terms and Conditions derogates from top3 by design's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by TOP3 BY DESIGN with respect to that use.

IN GENERAL

In this Site: "TOP3 BY DESIGN" means Masterbuy Pty Ltd (ABN 11 091 339 481), trading as top3 by design and its subsidiaries, associates and officers unless otherwise stated. "Other Website" means websites of persons or entities other than TOP3 BY DESIGN, which are linked to and, from this Site. "Your Information" means any information from which your identity is apparent or can be reasonably be ascertained. "Site" means the whole or any part of the web pages located at www.top3.com.au (including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, as well as text, sounds, graphics, animated elements or any other content of this Site.) "We" and "us" and “top3”refer to TOP3 BY DESIGN, and "our" has the same meaning. "Third Parties" means persons or entities represented on the Site other than TOP3 BY DESIGN. © 2010 top3 by design All Rights Reserved. Not to be reproduced. All third party trademarks mentioned or displayed on this Site are the property of their respective owners.

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