TOPP GENERAL TERMS AND CONDITIONS OF SALE
1. General terms and conditions of sale applying to on-line purchases of products
TOPP S.r.l. with registered office at Via Galvani 59, Sandrigo (Vi), registered in the Registrar of Enterprises at n. 30754, Tax Code n. 02230800241, share capital Euro 100.000 fully paid in (hereinafter “TOPP”) enables any client to purchase online its products (hereinafter the “Products”), through the website “shop.topp.it” (hereinafter the “Website”). TOPP is also a registered trademark and together with the Website is the sole and exclusive property of TOPP.
2. General notes
The present general terms and conditions of sale (hereinafter the “General Conditions“) are governed by the “Consumers Act” (Law Decree n. 206/2005 as amended and integrated) and by the provisions applicable to the trading on line (Law Decree n.70/2003 as amended and integrated) and apply only to the on-line sale of Products that are displayed on the Website and for which the bottom “add to your shopping list” is available.
In case of amendment of these General Conditions, each purchase order (hereinafter a “Purchase Order”) shall be governed by the new General Conditions which apply from the moment they are published on the Website.
These General Conditions may at any time be consulted, printed or recorded on a personal computer.
3. Public Offer
The Products and prices available on the Website represent a Public Offer, under art. 1336 of the Italian Code of Civil Law, governed by the terms and conditions specified in these General Conditions and on the Website. The conditions of sale of this general offer to the public apply to purchases made through the Website only. The sale agreements entered into through the Website and regarding the Products are entered into with TOPP. Products on the Website are available for purchase only by adults who are 18 years old. If you are not 18 years old you are forbidden from placing any Purchase Order through the Website. TOPP reserves the right to not accept a Purchase Order received by clients who are not 18 years old. TOPP reserves also the right to refuse Purchase Orders where client does not give sufficient payment guarantees or if the Purchase Order is incomplete, incorrect or comes from a client with whom a litigation is pending regarding a previous Purchase Order or for any other legitimate reason.
All prices of the Products indicated in the Website are made in Euro and are inclusive of Vat. The shipping costs are at client’s expense and are adequately detailed in the Purchase Order. The price applicable to each Purchase Order is the one appearing on the Website at the time of placement of the Purchase Order, with no consideration for previous offerings or subsequent variation of prices. Prices for Products and shipping costs may vary with no obligation of prior notice by TOPP. Please ascertain which are the applicable prices before placing a Purchase Order.
5. Purchase Order
All Purchase Orders shall be placed by clients through access to the Website where they will have to follow the procedure indicated therein. In order to place a Purchase Order a client will have to choose one of the two following options:
If a client is already registered on the Website he will have to simply log in (by inserting his username and password) in the Section “Client Area”.
If a client is not yet registered on the Website, then he will have to fill in the data requested in the relevant order form, by accessing the Section “Client Area” – Are you a new user ? Please register.
A client correctly completes the procedure of purchase if the system does not show the occurrence of any error. A sale agreement is deemed to have been validly concluded by and between a client and TOPP, once TOPP receives a Purchase Order by a client.
TOPP will confirm receipt of a Purchase Order by e-mail to the internet address communicated by the client (hereinafter the “Order Confirmation”). The Order Confirmation will indicate the Products ordered, the applicable Prices (including shipping costs), the address for delivery, the number of the Purchase Order (hereinafter the “Order ID”), the applicable General Conditions and the particular conditions requested by Client which have been accepted by TOPP. The client shall verify with upmost attention that all the information contained in the Order Confirmation are correct and shall notify TOPP of any error within 24 hours of receipt of the same. The Order ID automatically generated and communicated by TOPP shall be utilized by Client in any communication with TOPP. Although TOPP makes every effort to supply the Products indicated in the Order Confirmation, it may happen that it cannot supply them simply because they are no more available. In such case TOPP will promptly notify by email such circumstance to the client.
6. Terms of payment
The payment shall be made by the client at the time of placement of a Purchase Order by using one of the payment methods made available on the Website. For safety reasons, TOPP reserves the right to require a client to send a copy of the ID of the owner of the credit card used for the payment. TOPP will charge the relevant amount to the Client at the same time of issuance of the Order Confirmation. TOPP will also issue the relevant invoice and send it through email to the person indicated in the Purchase Order. In the event that such person does not receive the invoice within 48 hours of the Order Confirmation, then the same should contact TOPP at the following link ____. Data on invoices will be the same as those provided by the Client who shall, therefore, carefully verify them.
7. Terms and costs of delivery
TOPP will ensure that the delivery of Products be entrusted to duly instructed couriers and/or shippers. The client or a person duly instructed by the same shall be present at the time of delivery to check that the packaging is untouched and clean and that the Products delivered do correspond to those indicated in the Purchase Order. In case of visible defects, such as incorrect quantity delivered and/or wrong Product/s and/or touched packaging, it is the duty of the Client (or his trusted person) to deny delivery, report his findings on the transportation document and forthwith notify TOPP of such circumstances (please use the link “Contact us”).
TOPP delivers the Products by an express courier as indicated in the “Communication of Delivery” which is sent to each Client through email when Products are entrusted to the designated courier. For terms and time of final delivery by the designated courier, please refer to the website of this latter as indicated in the Communication of Delivery.
TOPP delivers the Products purchased at the address specified by the client in the Purchase Order. TOPP will deliver the Products on the date indicated in the Order Confirmation and, in any case, not later than 30 (thirty) days following the placement of a Purchase Order.
Please check the Section “ Shipping Costs” for information on delivery costs and on countries reached by our delivery service.
The installation of Products is to be made by professional technicians enrolled in the Register of Professional Technicians. A client is strictly forbidden from installing the Products independently. TOPP does not assume and will not assume any liability for wrong installation due to a client’s behavior in breach of the recommendation herein provided.
9. Technical characteristics and homologation of the Products
The technical characteristics, the homologations and safety declarations of the Products are indicated on the tag or on the packaging or in the instructions for use and may be reproduced in full or in part on the Website.
All of the Products available for purchase on the Website comply with safety and homologation standards as are in force in the European Union. TOPP does not assume any liability for a Product being not homologated or compliant with a standard in force in a non-EU Country.
10. Legal Guarantee in favor of Consumer Clients
Consumer Clients are granted a legal guarantee under the Consumers Act. By virtue of such guarantee TOPP is only liable for original defects which already exist at the time of delivery of the Products and provided that such defects are discovered within 2 (two) years of delivery. Therefore, TOPP will not be held liable beyond such term.
Besides, the Consumer Clients shall notify TOPP, under forfeiture, of the defect of the Product/s within 2 (two) months of discovery.
In case of timely and properly notice of defect, Consumer Clients will have the right to ask for the repair or substitution of the defective Product/s. The term of the legal guarantee for the Product/s substituted or repaired shall be the same as the original one. Therefore, the legal guarantee will expire in any case after 2 (two) years of delivery of the original Product purchased.
In case of substitution, the original Product/s shall be returned by Consumer Clients to TOPP in the original packaging complete with manuals and all other documentation, with nothing missing and the security seal perfectly maintained.
To benefit from the legal guarantee, Consumer Clients shall notify TOPP of the defect by giving a detailed description of the same and attaching the document of purchase. The notice of defect/s shall be substantially in the form attached herewith “Model of notice of defects”.
Please refer to the Consumers Act to find the legal guarantee disposed in favor of Consumer Clients.
11. Legal Guarantee in favor of Professional Clients
Professional Clients who purchase the Products for reasons inherent to their working activity are granted the legal guarantee provided for by the Italian Code of Civil Law (the “Civil Code”). According to art. 1492 of the Civil Code, Professional Clients must notify TOPP of the defect of the Product/s within 8 (eight) days of discovery. The legal guarantee is valid for a term of 12 months as of the delivery of the Product/s. Therefore, TOPP will not be held liable beyond such term. In order to benefit from the legal guarantee, Professional Clients shall exhibit the document of purchase.
12. Right of Withdrawal of Consumer Clients
If for any reason a Consumer Client (who has made the purchase of Products for reasons not inherent to his working activity) is not satisfied with the purchase made, he/she has the right to withdraw from the sale agreement, with no penalty and without obligation to specify the reason.
The Right of Withdrawal may be exercised for all or only a few of the Products purchased by the Consumer Client.
The Right of Withdrawal elapses after 14 (fourteen) days of receipt of the Products purchased.
The Right of Withdrawal shall be exercised by the Consumer Client within the above term by means of a registered letter with proof of receipt specifying all the details of the sale (sender, Order ID, Products for which the right of Withdrawal is exercised), to be sent to the following address:
TOPP S.r.l., Via Galvani 59/61, 36066 Sandrigo (Vicenza)- ITALY.
Please download the “Model of Withdrawal” if you want to withdraw from a sale agreement.
Following the Withdrawal by a Consumer Client, TOPP will notify by email to this latter the Number of Application. The Number of Application shall be indicated by the Consumer Client at the time of returning the Products. The Products shall be returned to TOPP within 14 days as of the communication of Withdrawal. Costs and risks of returning the Products shall be borne by the Consumer Client. Therefore, TOPP will not reimburse the costs of returning. Besides, should the Products to be returned be lost or damaged, then TOPP will not return any money to the Consumer Client. The Consumer Client shall check before returning the Products that the same are whole, in their original packaging complete with manuals and other documentation, with nothing missing and the security seal perfectly maintained.
The Consumer Client will be liable for the diminishing of value of the Products returned when deriving from a manipulation of the same which is not necessary to establish their characteristics and functioning.
If the Right of Withdrawal is timely and properly exercised, TOPP will refund the full amount originally paid by the Consumer Client, including the delivery costs, unless a personalized type of delivery has been asked by the Consumer Client. TOPP will refund the amount due within 14 days of the communication of Withdrawal by the Client Consumer and will use the same mean of payment chosen by the Consumer Client for the purchase of the Products. TOPP reserves the right to withhold the refund until receipt of the Products to be returned or demonstration by the Consumer Client of having returned the same.
The Right of Withdrawal is denied in the case of Products that have been made to measure or personalized or Products which, by their nature, cannot be returned.
13. Use of personal data and intellectual property
The trademark TOPP and the images available on the Website are the sole and exclusive property of TOPP. It is therefore forbidden any reproduction or use of the same without TOPP’s prior written authorization.
14. Governing law and disputes
These General Conditions and any sale agreement entered into between TOPP and a client shall be governed by and construed in accordance with Italian Law, with exclusion of any conflict of law provision. Any dispute arising out of or in connection with the validity, interpretation and performance of these General Conditions and any sale agreement between TOPP and a client shall be subject to the jurisdiction of the Courts of the place of residence of the client. Such disputes shall be decided according to Italian Law.
These General Conditions may be modified by TOPP at any time and for any reason whatsoever. The new version of these General Conditions will be applicable to any Purchase Order placed by a client after the date of their publication on this Website.
Any communication by a client to TOPP, save what provided for under par. __ above, shall be addressed to TOPP at one of the addresses listed in the Section “Contacts”.