Conditions générales de vente TOPTOK

 

  1. General information

Once accepted expressly or tacitly, our clauses apply to all future transactions even if the order reaches us by telephone, fax, e-mail, or other written material on which our conditions do not appear.

Unless otherwise agreed by us, all business with our company involves the unconditional acceptance of the following conditions. Any clause to the contrary or reservation included in the Buyer’s order, and not previously accepted in writing by TOPTOK WORLDWIDE COMPANY LTD, shall be deemed ineffective.

The goods marketed by TOPTOK WORLDWIDE COMPANY LTD under the TOPTOK brand name are exclusively intended for professional use and are deemed to be directly related to the buyer’s professional activity.

  1. Price

The prices mentioned on our site are in euros and include all taxes. If an amount excluding VAT, at the currently applicable legal rate, must appear on our site or on a communication support emanating from it, it is preceded by the mention “HT”. Delivery costs are not included in the prices displayed except in the subscription section. The other additional costs, emanating from COMPAGNIE TOPTOK WORLDWIDE LTD, which could possibly be charged to the customer are indicated before the conclusion of the sale contract.

  1. Shpping fees

Metropolitan France: €10.20 incl. VAT (€8.50 excl. VAT), EUROPE €20 excl. VAT

  1. Order

Orders placed with TOPTOK WORLDWIDE LTD are binding on the Buyer.
Any contract of sale is considered perfect only after agreement of TOPTOK WORLDWIDE LTD. In case of unavailability or out-of-stock condition, TOPTOK WORLDWIDE LTD will notify the customer by mail and a refund will be made within 30 days of the agreed delivery date unless otherwise agreed between the parties.
If at the time of a previous order, the Buyer has evaded one of its obligations (late payment, for example), a refusal to sell may be made, unless the Buyer provides sufficient guarantees or payment in advance. Each new catalogue cancels and replaces the previous edition and renders the previous technical specifications, prices, references and conditions of sale null and void.
Due to the alterations that may exist as a result of their representation, the shades of colour of the photographs appearing in our catalogues and on our website are only indicative.
We reserve the right to make any changes even after receipt of the order that we deem appropriate, without however affecting the essential characteristics of the items ordered.
No request for modification of the composition or volume of an order placed by the customer can be taken into account after transmission of the order by TOPTOK WORLDWIDE LTD.

  1. Right of withdrawal

You have the right to withdraw from this contract without giving reasons within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.

Exercise of the right of withdrawal :

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) by post to the TOPTOK WORLDWIDE LTD. branch office. 15 rue amiral NIELLY, 29200 Brest, by phone at 06 13 07 93 85 or by e-mail at contact@toptok.pro.

In order for the withdrawal period to be respected, it is sufficient that you send your communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.

You will have to bear the direct costs of returning the property.

Consequences of the right of withdrawal

You will need to return or give the property back to TOPTOK WORLDWIDE LTD. 15 rue Amiral NIELLY, 29200 BREST, without undue delay and, in any case, no later than fourteen days after you have communicated your decision to withdraw from this contract. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period.

In the event of your withdrawal from this Agreement, we will refund all payments received from you, including delivery charges (except for any additional charges arising from you choosing, where applicable, a method of delivery other than the cheaper standard method of delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this Agreement. Translated with www.DeepL.com/Translator (free version)

We will issue a refund using the same payment method you used for the original transaction, unless you expressly agree to a different method, in which case there will be no charge to you.

We may defer the refund until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first.

You are liable only in respect of the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

Exception to the right of withdrawal

The exercise of the right of withdrawal shall be excluded for contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. And does not apply in any case to articles of special manufacture or with abbreviations or monograms.

  1. Claims

In case of defect of conformity, it is up to the customer to formulate his complaints within 24 months from the delivery and this by LRAR, the postmark being taken as proof.
If the buyer fails to respect this deadline, the seller will be, by express agreement, exonerated from all liability. Complaints do not suspend the Buyer’s obligation to pay in full the sums owed by the Buyer, on the deliveries concerned or possibly on others.

Our responsibility cannot be engaged beyond the refund or the pure and simple exchange of an article comprising in a recognized way, a defect of conformity, under normal conditions of use and maintenance. Any other compensation is excluded.
Furthermore, we cannot be held liable in the event of a defect or damage caused by natural wear and tear, by faulty use by the customer, in particular contrary to the recommendations of use, by a third party, in particular the carrier, and finally in the event of force majeure.

Irrespective of the alleged defect or lack of conformity and if the buyer intends to take legal action, he must do so within two years from delivery; after this period, his action will be time-barred.

  1. Intellectual Property – Counterfeit

All elements, trademarks, designs, models, logos, etc. appearing in the catalogue are the exclusive property of TOPTOK WORLDWIDE LTD or its suppliers, who do not grant any license or right other than the right to consult the catalogue. The reproduction or use of all or part of these elements is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited. Any other use constitutes an infringement and is punishable under the Intellectual Property Act.

  1. Personalization – Logo

TOPTOK WORLDWIDE LTD reserves the right to refuse any order for which the documents provided by the Customer do not meet the criteria required for quality printing. Any proof dated and signed by the Customer entirely releases TOPTOK WORLDWIDE LTD from any responsibility in case of error or omission committed by the Customer.
The files being provided by the Customer, TOPTOK WORLDWIDE LTD commits itself only to restore the visible colors on screen or on headed paper. On these supports, these colours are not contractual. A difference in the shade of the print cannot be a reason for rejection. Only the transmission of the complete graphic charter engages the responsibility of TOPTOK WORLDWIDE LTD. The Client certifies that he has the right to reproduce the drawings and trademarks for exclusive references (examples: coat of arms, clothing, etc.).

  1. Transfer of risk

Irrespective of the transfer of ownership, the risks are, in all cases, transferred to the purchaser upon receipt of the products by the customer.
In all cases, it belongs to the Customer:
– to check the condition of the package at the time of receipt (open or not, cardboard unaltered, torn or wet), to make reservations in case of doubt on the delivery slip.

and to refuse a package that is significantly damaged.
– to check the quantity of goods received after opening the parcels.
Any missing product or any refusal for damaged parcel, will have to be imperatively announced the same day of the reception or at the latest the first working day following the reception, by mail addressed to TOPTOK WORLDWIDE LTD. 15 rue Amiral NIELLY , 29200 BREST or by e-mail to contact@toptok.pro.
Any refusal or shortfall reported after this period will not be taken into account and BRAGARD will be released from all liability. Conversely, if all the above-mentioned conditions are met, TOPTOK WORLDWIDE LTD will then proceed either to the refund of the missing or refused product(s), or to its (their) reshipment.
In the event of damage occurring during transport, the buyer must notify the carrier of his claim within 3 days of receipt, in accordance with Article L 133-3 of the French Commercial Code.

  1. Delivery time

The delivery time for orders placed on www.toptok.pro corresponds to the addition of the time needed to prepare the order and the time it takes for the parcel to reach the delivery address.
We make every effort to ensure that orders are shipped as quickly as possible. Orders are prepared in 5 working days. This period can be increased by 15 working days in the case of customized products.
The transport of the packages is handled by UPS.

  1. Terms of payment

No early payment discounts are accepted.
The goods as well as the shipping costs are payable by credit card or STRIPE service.
Late payment interest: Any delay in payment will result in the application of interest calculated at a rate equal to three times the legal rate starting to run retroactively to the due date and payable without the need for a reminder. In addition, TOPTOK WORLDWIDE LTD will be entitled to receive a fixed indemnity for recovery costs of at least 40 € in accordance with article L 441-6 of the Commercial Code, without prejudice to the application of the penalty clause stipulated below.
Penalty clause: In addition and in the event of an unsuccessful formal notice to pay within 8 days, failure to pay on the due date will entail, in addition to the conventional interest and as additional damages, the payment of an indemnity equal to 15% of the sums due.
Clause of forfeiture of term: Any delay of payment entails for the salesman the immediate exigibility of the whole of the sums due by the purchaser.

  1. Retention of Title Clause

The goods remain the property of BRAGARD until full payment of the price.
The customer must insure the goods after delivery against loss, damage or theft and notify TOPTOK WORLDWIDE LTD of any guarantee or any measure taken by third parties on the said goods, for example seizure practiced on the goods subject to the said retention of title.
In the event of non-payment of a single due date, our company may demand the return of all goods delivered at the expense and risk of the customer, even those for which payment is not yet due.
In the event of partial payment, the deposits received shall remain acquired by BRAGARD as lump-sum compensation for the prejudice that the non-fulfilment of the contract will have caused it to suffer, notwithstanding the claim and the return of the goods that have not been paid for in full.

  1. Applicable Law and Competent Courts

The present conditions and their consequences are exclusively governed by French law.
Any litigation of any nature whatsoever, relating to the present conditions, or to the sale of the Products to the Customer or, more generally, to the relations between TOPTOK WORLDWIDE LTD and the Customer, shall be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Brest. This clause conferring jurisdiction applies even in summary proceedings, or in the event of plurality of defendants or an action in warranty.

Legal notice and data protection:

  1. Legal Notice
  2. Data protection
  3. Right of withdrawal

1 – Legal information

Designation of the site owner

This website is owned by TOPTOK WORLDWIDE LTD, NEW MALLOW ROAD, based Unit 3D NORTH POINT HOUSE, NORTH BUSINESS PARK, 99136 CORK, IRELAND.

N° SIRET 87888397400015 -, N° of intracommunity VAT: FR 68 87883974, designating the owner.

Director of the publication: M PLATHIER Jean-François

Hypertext links

The establishment of a hypertext link to this site does not require prior authorization from the owner. Nevertheless, we ask not to make “deep links” or to point the links inside a set of frames.

Do not hesitate to ask us for any information necessary to make a link to our site.

The owner can in no way be held responsible for sites with a hyperlink to this site and declines all responsibility for their content and use. Similarly, the owner cannot be held responsible for the content of sites with a hyperlink on this website. These are given for information purposes only.

Modification

These legal notices may be modified and/or adapted at any time. The owner invites you to regularly consult these mentions.

Intellectual property rights

The presentation and content of this site together constitute a work protected by the laws in force on intellectual property.

Unless otherwise specified, the names or appellations, logos and trademarks presented are registered and belong to their respective owners.

No commercial exploitation, reproduction, representation, use, adaptation, modification, incorporation, translation, partial or complete elements of this site may be made without the prior written consent of the owner, with the exception of use for private use subject to the different and even more restrictive provisions of the Intellectual Property Code.

Photo Credits

Unless otherwise stated, photographs, diagrams, drawings, graphics, logos, are the property of the owner, and subject to the regulations of the Intellectual Property Code insofar as they are a “work of the mind” within the meaning of the said code.

Data processing and liberties

In accordance with the law n°78-17 of January 6, 1978 relating to data processing, data files and liberties, any person whose contact details appear online on this site has the right to access, modify, rectify and delete data concerning him/her. Contact us to assert this right.

Attribution of competence clause

This site is subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.

2 – Data protection

Personal data protection policy

During your navigation on our site, you are led to communicate personal data to us. We thank you for your trust and would like to inform you here about the use of your data and your rights.

The controller

The person responsible for the processing of personal data is Bragard S.A., whose contact details can be found in the legal notice.

CNIL Formalities

Our company has appointed a Correspondent Informatique et Libertés specially dedicated to the protection of your data. We have therefore not made a declaration of the data processing carried out on our site to the CNIL.

Purposes of data collection and processing

The personal data collected on our site are used to process orders and manage the commercial relationship (deliveries, invoices, after-sales service).

We may also use your data for advertising purposes, either with your express consent or to the extent permitted by law. We may also use your data to meet our legal and/or regulatory obligations.

Recipients of personal data

The recipients of your personal data collected on our site are first and foremost ourselves for the processing of your orders and customer relationship management. Other recipients of your personal data are, where applicable, our providers of means of payment or payment security, our delivery service providers, our business partners. Dans le cas où cela est exigé par la loi, votre consentement est recueilli ou une possibilité de refus vous est aménagée avant toute transmission de données.

Your Rights

It is recalled that the person whose personal data is processed benefits from the rights of access, rectification and opposition to the processing of his or her personal data. You may exercise these rights by contacting customer service by e-mail: contact@toptok.pro.

Cookies

Our website uses cookies. These are small text files stored on your hard drive. The cookies used on our site enable us to offer you the following services: comparison function, saving the basket, identification on a new visit, memorisation of consultations. Most cookies are intended to enable or facilitate your browsing and are necessary for the operation of our online shop. The use of cookies, own or third party, which are not necessarily necessary for the operation of the site requires your express consent. You can indicate your consent or opposition to the use of cookies by setting your connection device appropriately. Please refer to your browser’s user guide.

Commercial prospecting by e-mail

If you no longer wish to receive commercial prospecting by e-mail, you can let us know at any time by one of the following means:

  • send an email to customer service: contact@toptok.pro
  • go to “My account”, go to “Your personal information” and uncheck the box “Subscribe to the newsletter”.

3 – Right of withdrawal

You have the right to withdraw from this contract without giving reasons within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.

Exercise of the right of withdrawal

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) by post to TOPTOK WORLDWIDE LTD, NEW MALLOW ROAD, based Unit 3D NORTH POINT HOUSE, NORTH BUSINESS PARK, 99136 CORK, IRELAND.

In order for the withdrawal period to be respected, it is sufficient that you send your communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.

You will have to bear the direct costs of returning the property.

Consequences of the right of withdrawal

You must return or return the goods to TOPTOK WORLDWIDE LTD, 15 rue Amiral Nielly, 29200 Brest without undue delay and, in any event, no later than fourteen days after you have communicated to us your decision to withdraw from this contract. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period.

In the event of your withdrawal from this Agreement, we will refund all payments received from you, including delivery charges (except for any additional charges arising from you choosing, where applicable, a method of delivery other than the cheaper standard method of delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this Agreement. Translated with www.DeepL.com/Translator (free version)

We will issue a refund using the same payment method you used for the original transaction, unless you expressly agree to a different method, in which case there will be no charge to you.

We may defer the refund until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first.

You are liable only in respect of the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.

Exception to the right of withdrawal

The exercise of the right of withdrawal shall be excluded for contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. And does not apply in any case to articles of special manufacture or with abbreviations or monograms.