Terms & Conditions for Topocard.com
Effective Date: 2023 10 27
Welcome to Topocard.com. These Terms & Conditions outline the agreement between Topocard.com (referred to as “we,” “us,” or “our”) and you, the user of our website. By using our website and services, you agree to adhere to these Terms & Conditions. Please take the time to read and understand them.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms & Conditions:
– Contract: refers to any contract for the sale of goods and/or the supply of services between Topocard.com and you, which incorporates these Terms & Conditions.
– Terms & Conditions: are the standard terms and conditions of use and sale described below, including any additional policies, guidelines, or agreements confirmed in writing by Topocard.com.
– Goods: refers to the goods and/or services that Topocard.com supplies under an order that is accepted.
– Returns Policy: means the standard terms and conditions that apply when goods are returned to us by you and are hereby incorporated into these Terms & Conditions.
– Topocard.com, we, us, or our: refers to Topocard.com, and these terms are interchangeable.
– You or your: means the person accessing our website and entering into a contract with Topocard.com.
1.2 The headings in these Terms & Conditions are for convenience only and do not affect their interpretation.
1.3 We retain the discretion to make decisions and exercise rights without providing a justification or reason.
1.4 When our prior written consent is required in these Terms & Conditions, we will not unreasonably withhold or delay that consent.
1.5 All rights reserved or granted by these Terms & Conditions are without prejudice to any other rights we may have at any time.
2. BASIS OF USE
2.1 These Terms & Conditions (as updated by us from time to time) set out the complete agreement. Any variation of these Terms & Conditions is binding only when agreed to in writing by Topocard.com and attached hereto. You are subject to the policies and terms in place at the time of your order, except when changes are required by law or government or regulatory authorities.
2.2 Our employees and agents cannot make representations about our goods or services unless confirmed by us in writing. In entering a Contract, you acknowledge not having relied on any representations that are not confirmed in writing by us.
2.3 If goods are to be delivered by instalments, each instalment constitutes a separate Contract. Failure by us to deliver one instalment does not entitle you to cancel other instalments.
2.4 All specifications, drawings, and particulars are approximate.
2.5 We reserve the right to withdraw offers or special promotions without notice. If you have already placed an order under the accepted Conditions, we will provide a full refund for any payment received.
3. ORDERS AND SPECIFICATIONS
3.1 Your order serves as an offer to purchase goods, which we accept when we provide written order acceptance. Our acceptance of your order is conditional on goods being intended for personal use and not for resale. By placing an order, you warrant that you are at least 16 years old. All orders are subject to availability and are processed on a first-come, first-served basis. We reserve the right to refuse orders.
3.2 If we believe you intend to resell the goods, we may refuse your order. If we accept your order under these circumstances, you are treated as a commercial customer, and certain terms may differ.
3.3 You are responsible for ensuring the accuracy of your order and providing us with necessary information in time. We are not liable for costs due to inaccurate information submitted by you.
3.4 If goods are to be manufactured according to your specifications, certain terms will not apply. You will indemnify us for any infringement claims related to your specifications.
4. PRICE OF GOODS
4.1 The price of goods is confirmed by us at the time of order.
4.2 While we strive for accurate pricing, errors may occur. If we discover an error, we will notify you and offer to re-confirm the order at the correct price or cancel it.
4.3 If we cannot supply goods at the ordered price or specification, we may offer substitute goods or a full refund.
4.4 The price is inclusive of applicable value-added tax or other sales tax. Packaging or delivery costs are your responsibility and will be confirmed before your order is placed.
5. TERMS OF PAYMENT
5.1 Payment terms are detailed in our Payment Options.
5.2 Failure to make a payment on the due date allows us to cancel the Contract or suspend deliveries. We may charge interest on the unpaid amount.
5.3 Dishonored cheque or credit card payments may incur fees. You are liable for reimbursing us for fees or liabilities incurred due to dishonored payments.
5.4 Credit and charge card holders are subject to validation checks and authorization. We reserve the right to validate your information and may contact you for verification.
6. DELIVERY
6.1 You must make arrangements to receive goods when they are tendered for delivery.
6.2 We aim to provide you with an approximate delivery date and notify you if there are delays. However, time for delivery is not essential unless agreed in writing.
6.3 Failure to deliver one installment does not entitle you to cancel other installments.
6.4 Initial orders may be delivered to the cardholder’s registered address. Subsequent deliveries to alternative addresses are at our discretion.
6.5 We are not responsible for customs requirements and duties for deliveries outside the EU. You agree to reimburse us for any liability incurred due to your failure to comply with customs requirements and duties.
7. RISK AND PROPERTY
7.1 The risk of damage or loss of goods passes to you upon delivery.
7.2 Ownership of goods does not transfer to you until we receive full payment.
7.3 We may require you to deliver goods to us if payment is not received. We reserve the right to repossess goods.
8. WARRANTIES AND LIABILITY
8.1 Unless otherwise stated, we exclude all warranties, conditions, or terms implied by statute or common law to the fullest extent permitted by applicable law.
8.2 Where goods are sold to a consumer, we warrant that they are of satisfactory quality and fit for their intended purpose.
8.3 The warranty does not apply to defects from wear and tear, damage, negligence, improper use, failure to follow instructions, or unauthorized alterations.
8.4 In the event goods do not conform to these Terms & Conditions, we will provide a refund, replacement, or repair.
8.5 We limit our liability, except for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, and other matters that cannot be excluded or limited by law.
9. GENERAL
9.1 Neither party is liable for delays or failures to perform due to acts or causes beyond their reasonable control.
9.2 These Terms & Conditions do not grant benefits to third parties.
9.3 Any notice required or permitted by either party to the other under these Terms & Conditions shall be in writing or by email, delivered to the provided address.
9.4 Our failure to take action against any breach does not prevent us from taking action against subsequent breaches.
9.5 If a competent authority deems any provision of these Terms & Conditions invalid, the offending part will be removed, and the validity of the rest will remain.
9.6 These Terms & Conditions and Contracts are governed by the laws of EU, and you agree to submit to the exclusive jurisdiction of the EU courts.
9.7 We reserve the right to monitor and record telephone calls for staff performance and service quality.
9.8 Copyright for all photographs, images, and descriptions on our website belongs to Topocard.com and may not be reproduced without our express consent.
9.9 All dealings between us, including these Terms & Conditions, will be conducted in the English language.
9.10 You may not transfer your rights or obligations under these Terms to another person without our prior written consent. We have the right to transfer our rights and obligations under these Terms to another organization, which will not affect your rights under these Terms.
10. YOUR RIGHT TO CANCEL
10.1 You have the right to cancel an order within 14 days without providing a reason. The cancellation period ends 14 days from the day of receiving the last item in your order.
10.2 To exercise this right, you must inform us of your decision to cancel the order in writing. An email to [Insert Email Address] is acceptable. A model cancellation form is available but not obligatory.
10.3 To meet the cancellation deadline, you must send your cancellation before the 14-day period expires.
10.4 Please note that the right of cancellation does not apply to personalized or made-to-specification goods.
MODEL CANCELLATION FORM
To: Topocard.com
Email address: info@topocard.com
I hereby give notice that I cancel my contract of sale of the following goods:
Order reference:
Ordered on / received on (delete as appropriate):
Name:
Address:
Signature:
Date:
11. EFFECTS OF CANCELLATION
11.1 If you cancel an order, we will reimburse all payments received from you, including delivery costs (except for supplementary costs resulting from your choice of a different delivery method). We may deduct a reasonable amount from the reimbursement for any diminished value of the goods due to unnecessary handling by you.
11.2 We will make the reimbursement without undue delay, within 14 days after:
(a) receiving the returned goods,
(b) receiving evidence that you have returned the goods, or
(c) being informed of your decision to cancel the order.
11.3 The reimbursement will be made using the same payment method you used for the initial transaction.
11.4 You must return the goods promptly and no later than 14 days from the date you communicated your decision to cancel the order.
11.5 You are responsible for the direct cost of returning the goods.
12. CUSTOMER SERVICES
12.1 In the unlikely event of an error with your order, notify us within 48 hours of receiving the parcel. If there is an error, we will provide a letter for you to sign and return to confirm the issue, after which we will investigate and resolve it.
12.2 Notify us within 14 days of placing your order if you have not received your parcel.
