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General Terms and Conditions of Sales and Delivery of top-clik.com for Customers
1 General Information
All deliveries from Top-clik to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between Top-clik and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if Top-clik has agreed to them in writing.
2 Responsibility for Online Offer
(1) Top-clik is responsible for the articles and motifs offered in a “Top-clik shop” as well as the overall design of the shop.
3 Conclusion of the Contract
(1) The 'offers' contained on the website represent a non-binding invitation for the customer to place an order with Top-clik.
(2) By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page. The following languages are currently available for the ordering process: English and French. Then Top-clik sends an order confirmation via e-mail to the customer and examines the offer regarding its legal and effective feasibility, in particular any possible infringement upon trademark rights of third parties. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by Top-clik. The contract only materialises when Top-clik dispatches the product ordered to the Customer and confirms the dispatch to the customer with a second e-mail (“Shipping Confirmation”).
(3) The conclusion of the contract shall depend on punctual and correct supply of the goods to Top-clik. This proviso shall not apply in the event of short-term disruption to deliveries or if Top-clik can be held responsible for non-delivery, in particular if Top-clik fails to make a congruent hedging transaction in good time. The Customer will be informed immediately that the service is not available. If Customer has already paid for the goods, this money will be reimbursed.
4 Delivery / Shipment
(1) In principle, delivery is made within 2 weeks from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by Top-clik in writing.
(2) If in exceptional circumstances delivery is not possible within the period of two weeks after conclusion of the contract mentioned in (1), Top-clik shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit. The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing.
5 Prices
(1) For customers ordering from EU states and Switzerland, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax.
(2) For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
(3) The customer has to pay shipping and handling, which may depend on order value and the delivery location. Current shipping prices can be viewed at www.top-clik.com.
(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.
6 Payment
(1) Payment will be carried out according to the customer´s choice of either credit card, advance payment or other payment methods. Top-clik reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.
(2) In case of the method of payment chosen by the customer not being practicable, where Top-clik has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Top-clik or a third party which carried out the transaction.
(3) Top-clik is entitled to make use of the services of trustworthy third parties for the handling of the payment:??a) If it comes to a default of payment of the customer, Top-clik is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.??b) In the case of intervention of third parties in the handling of payments, then payment in relation to Top-clik only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.
7 Conditional Sale
(1) Up to the payment of any monies owed to Top-clik the goods remain the property of Top-clik. Top-clik remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.
(2) The customer is obliged to handle the product with care up to the transfer of ownership.
8 Guarantee
(1) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
(2) In the case of return shipments due to defects Top-clik will also pay for the cost of postage. (3) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless und/or available at any time. Thus, Top-clik shall not be liable for the continuous and uninterrupted availability of the online offer.
9 Limitation of Liability
(1) Apart from that, liability on the part of Top-clik follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. Top-clik only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence.
(2) As far as liability of Top-clik is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of Top-clik.
10 Right of cancellation
(1) Right of cancellation . You may withdraw your contractual statement within two weeks in writing (e.g. by letter, fax or e-mail) without stating a reason, or – if the goods have already been delivered to you before the expiry of this time limit – by returning the goods. The time limit begins after receipt of this instruction in writing, but not before the goods are delivered to the recipient (in the case of recurring deliveries of similar types of goods, not before the first part delivery is received) and also not before we have fulfilled our obligations to provide information.
The notice of cancellation or return of the goods should be addressed to:
Infotop-clik.com
This right of cancellation does not exist in the case of contracts for the delivery of goods that Top-clik has manufactured on the basis of the Customer’s specifications or which are clearly tailored to the personal needs of the Customer. In particular this applies to products that are printed with motifs (texts or images) at the request of the Customer. The Customer knows that by ordering such products he/she is giving precise instructions for the goods to be manufactured.
(2) Consequences of cancellation . In the event of an effective cancellation, each party shall return to the respective other party the benefits received and issue any benefits involved (e.g. interest). If you are unable to return the benefit you have received in full or in part or can only return it in an impaired condition, you may have to pay us compensation for its value in this respect. This does not apply to the relinquishment of items if the impairment of the item can only be ascribed to your inspection of it – for example, as might have been possible for you in a retail outlet. For the rest, you can avoid the obligation to pay compensation for the value of an impairment that has arisen as a result of beginning to utilise the item for its intended use by not making use of the item as your property and refraining from doing anything that would have an impact on its value. You must return items which can be sent by parcel post at your own risk. You must cover the cost of the return if the goods as supplied are in accordance with what was ordered and if the price of the item to be returned does not exceed 40 euros or, if the price of the item is higher, if at the time of cancellation you have not yet paid for it in full or made a contractually agreed part payment. In any other case the return of the goods is free of charge to you. Items which cannot be sent by parcel post will be collected from you. Obligations to make payments must be fulfilled within 30 days. The time limit begins for you at the point at which you send off your notice of cancellation or the item; for us it begins at the point at which we receive it.
If the whole contract is cancelled, Top-clik will also bear the costs of dispatching the goods to the consumer (costs of sending).
End of the cancellation instructions .
11 Data Protection
Top-clik uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Top-clik for fulfillment and handling of the contract. This data is treated confidentially by Top-clik and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Top-clik has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.
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