Terms & Conditions

Welcome to the Toppbrass website.

Toppbrass provides the content and services available on this website to you subject to the following Terms and Conditions, our Privacy Policy, Payment Policy and other terms and conditions and policies which you may find throughout our website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed to be part of and included within these terms and conditions (collectively, “Terms and Conditions”). By accessing or using this website, you are acknowledging that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions.

1. Privacy
   Please review our privacy policy so that you may understand our privacy practices.

2. Payment Policy
   We make available products for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, One Time Passwords/ PINs, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY DEBIT/ CREDIT CARD(S)/ NET BANKING UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Topp Brass the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply Topp Brass’s endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, national and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Topp Brass reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

Nothing on the Site constitutes a binding offer to sell products described on the Site or to make such products available in your area. Topp Brass reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in Topp Brass’s sole discretion, even after Topp Brass’s receipt of an order confirmation or after your credit card/ Net Banking has been charged. The prices displayed on the Site are quoted in INR and must be paid in INR. In the event a product is listed at an incorrect price, Topp Brass has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Topp Brass will issue a credit to your credit card account.

1. Products and Services for Personal Use
   The products and services described on this website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
2. Accuracy of Information
   We attempt to be as accurate as possible when describing our products on the website. However, we are not liable for any claims arising out of any inadvertent errors or inaccuracies. Except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free. Please contact us in case of any product related queries.
3. Intellectual Property
   All information and content available on the website and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Topp brass, our Affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property.
   As required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

1. Your Obligations and Responsibilities
   In the access or use of the Topp Brass website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Topp Brass, our Affiliates, partners or licensors.
2. Third Party Links
   We are not responsible for the content of any off-website pages or any other websites linked to or from the Topp Brass Online website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
3. Special Features, Functionality and Events
   Topp Brass may offer certain special features and functionality or events (such as contests, promotions or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
4. Submissions
   It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.

You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

1. User Content
   When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.

1. Copyright Complaints
   We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorised to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number and email address info@toppbrass.com
2. Representations and Warranties and Limitation of Liability
   Topp Brass website is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.

 

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees 2000 only.

You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

1. Indemnification
   You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of Topp Brass or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
2. Disputes
   With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Moradabad, Uttar Pradesh, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Moradabad, Uttar Pradesh, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out your visit to the Topp Brass website shall be referred to the sole Arbitrator appointed by the

Managing Director of Topp Brass in accordance with the law. The venue of such arbitration shall be at Moradabad, Uttar Pradesh and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.

1. Consent to Receive Notices Electronically by Posting on the Website and Via Email
   You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at info@toppbrass.com and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically.
   Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
2. General
   You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

 

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these

Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please email us at info@toppbrass.com