TopGear Accessories, Ltd.

Terms and Conditions

For your convenience, click on the topic below to navigate easily through this document.

Terms and Conditions
Order Acceptance
Payment Methods
Shipping
Sales Tax
Typographical Errors
Price Protection
Order Cancellation
Return Policy
Damaged Shipments
Site Links
Privacy Notice
Copyright and Trademark Notice
Disclaimer and Limitation of Liability as to TopGear
Limitation of Liability
Jurisdiction and Venue
Additional Terms and Conditions of Sale


Terms and Conditions
The use of this site, as well as conducting business with TopGear Accessories Ltd, is governed by the policies, terms and conditions set forth below. Please read them carefully as your use of this site indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any other terms and/or conditions. TopGear reserves the right to make changes to this site and these terms and conditions at any time. Tampering with this site, misrepresentation of a user’s identity, using buying agents or conducting fraudulent activities on this site are prohibited. TopGear only conducts business within the United States.

Order Acceptance
The advertisement of any product on this site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. TopGear only sells within the United States. TopGear reserves the right at any time after receipt of your order to accept or decline your order. All orders placed must obtain pre-approval with an acceptable method of payment as established by our credit department. We may require additional verifications or information before accepting any order. All sales on discontinued items are final.

Payment Methods
Credit Cards
We accept Visa and MasterCard issued in the United States. For credit verification purposes, credit cards issued outside of the United States may not be accepted. There is no surcharge for using your credit card to make purchases with TopGear. Incorrect billing information may cause a delay in processing an order. Credit cards are billed upon order shipment.

Money Orders / Cashier’s Checks
TopGear accepts money orders and cashier's checks in U.S. Dollars. Orders are processed upon receipt of a money order or cashier's check.

Shipping
TopGear offers ground shipment, second day and overnight delivery within the United States. For all other shipping destinations including U.S. Territories, call 1-888-851-4327 / 001-518-449-8677 or e-mail us for details. Total shipping charges are based upon the shipping method, shipping destination and total weight of the package. Shipping charges are non-refundable. Special arrangements can be made to ship to post office boxes and APO, FPO addresses.

• TopGear reserves the right to choose the carrier.
• All orders are subject to product availability.
• Partial shipments will be made unless requested otherwise.
• Backorder items will be shipped as they become available.
• In stock items are usually shipped within 2-3 business days.
• Shipments may require a signature.
• Once an order is shipped, shipping charges are not refundable.

Sales Tax
TopGear will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York State. Each customer will be solely responsible for taxes on orders shipped to all other states.

Typographical Errors
TopGear is not responsible for typographical, photographic or technical errors and reserves the right to make corrections to product and pricing at any time. In the event that an error is discovered, TopGear shall have the right to refuse, cancel or correct any orders placed for products listed at the incorrect price.

Price Protection
Should TopGear reduce the price on any product within 30 calendar days of invoice date, the purchaser can request a refund or credit of the difference between the price charged and the current price. To receive a refund or credit the purchaser must contact TopGear within 30 business days of invoice at 888-851-4327.

Order Cancellation
To cancel an order, contact TopGear via phone at 888-851-4327 with your name, order number, item part number(s) and description(s).

If an order has shipped prior to cancellation, the purchaser will be responsible for any freight and fees incurred due to the outbound and return shipment of the package. This includes freight associated with refused deliveries.

Once shipped a Return Authorization number (RA #) must be obtained to process the return of an order by calling toll-free 888-851-4327. The purchaser will be responsible for all freight and fees associated with the order. The package must be unopened and the product in new "as shipped" condition to be eligible for a full credit.

Return Policy
Products can be returned for replacement or credit within thirty (30) days from invoice. After thirty days, the manufacturer’s warranty applies. Product(s) returned in their original box with all packing materials, cables, manuals, accessories, and UPC code on the box (where applicable) intact will be credited in full. TopGear reserves the right to reject any product that does not meet any of the above criteria and/or impose handling fee based upon the actual condition of the returned product. Some manufacturers require defective products to be returned to them directly, therefore we are unable to accept returns for these manufacturers. A photocopy of the original invoice is required for all returns. All sales on discontinued and non-current items are final. To view detailed Return Procedures click here.

Damaged Shipments
Should an order arrive damaged contact the carrier immediately to arrange for a carrier inspection and pick up of the damaged merchandise, and notify TopGear of the situation within 24 hours. Save the original box, and packaging in the condition it arrived. As the carrier of record assumes responsibility for the package upon pick up from TopGear, only the recipient can initiate this process. TopGear will assist you with any necessary information required to make a claim with the carrier.

Site Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. TopGear is not responsible for the operation or content of, or through any such site.

Privacy Notice
We are committed to respecting and protecting your privacy. As such, all information obtained for the purpose of processing your order and supporting our customer relationship will not be sold or otherwise distributed.

Copyright and Trademark Notice
This site is owned and operated by TopGear Accessories Ltd. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of TopGear. All audio and video content are the sole property of TopGear or their respective owners. All software used on the site is the sole property of TopGear or those supplying the software. You may use the content of this site only for the purpose of shopping and/or placing an order on this site. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without TopGear's prior written permission. All rights not expressly granted herein are reserved and could result in criminal or civil penalties. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and the trademarks or service marks of TopGear or their respective owners. All custom graphics, icons, logos and service names are trademarks or service marks of TopGear. All other trademarks or service marks are property of their respective owners. The use of any TopGear trademark or service mark without TopGear's express written consent is strictly prohibited.

Disclaimer and Limitation of Liability as to TopGear
TopGear sites and the materials therein are provided “as is”. TopGear makes no representations or warranties, either express or implied, of any kind with respect to TopGear sites, their operation, contents, information, or materials. TopGear expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that TopGear, it’s Directors, Officers, Employees or their Representatives shall not be liable for damages arising from the operation, content, or the use of TopGear sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive, and consequential damages.

Limitation of Liability
TopGear shall not be liable under any circumstances for any special, consequential, incidental, punitive, or exemplary damages arising out of or in any way connected with the agreement to sell product to buyer or the product, including, but not limited to, damages for lost profits, loss of use, lost data or for any damages or sums paid by buyer to third parties, even if TopGear has been advised of possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence or other sort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.

Jurisdiction and Venue
It is agreed that any legal action brought against TopGear or its parent company shall be governed by the laws of the State of New York without regard to its conflict of law principles. It is agreed that the sole jurisdiction and venue for any litigation arising from the use of or orders made on TopGear sites shall be an appropriate federal or state court located in Albany County, New York.

Additional Terms and Conditions of Sale

• No TopGear employee or agent has the authority to vary any of TopGear’s policies or procedures on the terms and conditions governing any sale.
• TopGear reserves the right to change these Terms and Conditions at any time.
• Prices and product specifications are subject to change without notification.