Terms and conditions of sale, consumer

1 General

These terms and conditions of sale apply to the sale of goods and services on Topro.co.uk to consumers.

The Seller is: Topro (Topro Ltd)

The Buyer is: the person who is stated as the purchaser in the order; hereinafter, this person will be referred to as “you”, and the text will similarly use designations such as “your”.

Topro.no: the actual webshop/platform linked to the domain www.topro.co.uk

Via Topro.co.uk, you can purchase goods and services directly from Topro Ltd. To complete purchases on Topro.no, you must accept the terms and conditions set out in this agreement, and comply with them in full.

Together with the terms and conditions of sale, your order and the confirmation of order will constitute the total contractual basis for the purchase.

If you are under the age of 18, you can only make purchases if you have your own bank card (debit card) that you can use for the purpose. You cannot use the other methods of payment available (see section 4, for example). You can also ask a parent or guardian to make the purchase for you.

Topro.no will require payment for goods, including VAT.

If you contact the Seller by email, we will store your email and your contact information. If you contact the Seller by phone, we will store your phone number. We require this information in order to be able to process your enquiry, and to be able to contact you for the purpose of following up.

2 The order and agreement process

Your order is binding once we have registered it. We are also legally bound by your order inasmuch as it does not deviate from what we offer in our webshop, our marketing materials or otherwise. You are nevertheless entitled to cancel your purchase in accordance with consumer rights of cancellation, see section 6.

The sale is bound by the price stated to you at checkout, see section 3 below.

We reserve the right to cancel your order or parts thereof if the product is out of stock. If an item is out of stock, you will be notified of the situation and given information about a potential replacement product. The Seller of the product accepts no liability for products that may be out of stock.

The Seller will issue a confirmation of order once the order has been placed. The Seller must notify you subsequently if anything is out of stock. Your receipts from the Seller will be sent to you by email, or they will be uploaded to “My Page/Order overview” on the estimated delivery date, depending on the method of payment chosen.

3 Prices

All prices include value added tax (VAT). You will be presented with the total cost of your purchase before you complete your order, including all expenses associated with the purchase such as postage, shipping and packaging. If you are eligible for VAT relief, you will be able to chose this in the check out before you confirm your order.

Our prices change on an ongoing basis, and we reserve the right to alter prices up to the execution of each individual purchase on account of alterations to prices from our suppliers, or changes in currency exchange rates.

4 Payment

At checkout, you can choose whether to settle the purchase price by credit card, or PayPal.

If you choose financing as the means of payment, you will be required to enter into separate agreements for financing, and you will receive information and agreement documents from the relevant financing provider at checkout.

When using a credit card, the purchase price will be reserved on your card when you place your order – i.e. on completion of the checkout procedure. Your card will be charged on the date of shipment. Uncollected and unpaid parcels will be subject to freight charges (delivery/return) for the order in question, to cover our expenses.

If you fail to make payment, we will send the sum outstanding to a debt collection agency, having notified you in advance.

5 Delivery

All general delivery times stated on Topro.c.uk are only to be considered indicative. When a delivery time is stated in number of days, these days are “working days” and do not include the shipper’s time. The Seller reserves the right to change the general delivery time stated without additional notification.

In the event of significant typographical or printing errors on the part of the Seller in advertisements, etc. and/or in general presentations in the webshop that amount to more than 15% of the normal sales price, the Seller is entitled unilaterally to delete or reject orders. However, such errors must be corrected within a reasonable period of having been identified.

If delivery of your products is delayed, the Seller will notify you as soon as the Seller becomes aware of the situation, and will inform you as to whether and when you may expect delivery, or whether the product(s) is/are out of stock.

Your products will be delivered in the manner, at the location and at or within the time agreed (see sections 1 and 2 above). The Seller has responsibility for the products until they have been transferred to you, i.e. until they are in your possession.

Any changes in prices made after the time of order will not be backdated.

Instructions for use will be enclosed with the product(s) or made available on the manufacturer’s website.

6 Right to Cancel

Cancellation Act grants you the right to cancel your purchase. The right to cancel applies both to goods and to individual services. This right to cancel requires you to inform the Seller of your decision to cancel your order within 14 days of having received delivery (cooling-off period).

Contact the Seller and state that you wish to exercise your right to cancel.

If you have not received a cancellation form either in the confirmation of dispatch or together with the delivery of your product(s), the cooling-off period expires 12 months after the expiry of the original cooling-off period. If you receive the cancellation form within these 12 months, the cooling-off period expires 14 days from the date on which you received the form.

For the right to cancel to apply, you must return the product to the Seller in virtually the same quantity and condition as you received it. If you use or examine the product(s) in a way that exceeds what is necessary to establish the nature, properties and function of same, and this examination results in a reduction in the value of the goods, the Seller may deduct a sum corresponding to the reduction in value from the purchase price that is to be repaid.

On exercising the right to cancel, you must return all products to the Seller within a reasonable period.

You hold the risk for the return transport of the goods to the Seller.

The Seller is obliged to reimburse you what you paid for the product, including postage for the consignment, handling fees, customs duties, cash-on-delivery fees, etc. This only applies when the entire purchase is returned. If you have explicitly selected a special freight method over and above what is required to ship the goods, you will be required to pay for this service.

Reimbursement is to have been made within 14 days of the Seller having received notification of the desire to cancel, but no earlier than two days after the Seller has received the returned goods from you, or documentation from you confirming that you have returned the goods to the Seller.

You must return the product to the Seller in the original packaging accompanied by a completed cancellation form. You must send the return to the Seller in accordance with the applicable terms and conditions.

In the absence of any agreement to the contrary, reimbursement will be made to you, the customer, via the method of payment you used on placing the order unless there is anything to prevent reimbursement in this manner.

The cancellation form contains details of how you can exercise your right to cancel.

7 Delivery delays

If the Seller fails to deliver the product, or delivers it late in relation to the agreement, and where such delayed delivery is not attributable to you or to conditions on your part, you may, depending on the circumstances, withhold payment, request completion, terminate the agreement, or request compensation from the Seller.

In the event of a delay, you must submit your claim to the Seller within a reasonable period.

8 Complaints and warranty

On receiving the product(s), you should, at the earliest opportunity, examine the delivery to check that it aligns with the confirmation of dispatch. Check whether the goods have been damaged in transit, or whether they otherwise show signs of faults or defects.

If you discover a fault or defect, you must inform the Seller of your intention to claim defective delivery (i.e. submit a complaint) within a reasonable period from the time you discovered – or should have discovered – the fault or defect. However, the deadline for submitting a complaint is not less than two months from the time you discovered the fault or defect. In any case, you must have submitted your complaint within two years of having taken possession of the goods in question. If the product or parts of it are intended to last considerably longer in normal use, the final deadline for submitting a complaint is five years. If you fail to submit your complaint in time, you will forfeit your right to complain about the fault or defect in question.

You can notify the Seller of product faults or defects orally or in writing. For reasons of evidence, we recommend that you submit your complaint to the Seller in writing, primarily through contacting the Seller directly.

You will receive confirmation of receipt of your complaint, which will be emailed to you at the email address you have registered. This confirmation will also inform you of whether special terms, conditions and/or processing may be required on the part of the Buyer in connection with returning the goods (for example, antistatic protection or return directly to the manufacturer).

If an item is defective, and this is not attributable to you or to conditions on your part, and if you have submitted a complaint within the stated deadlines, you enjoy the rights which derive from the competition and consumer act in your country of residence.

If the item is not defective, the Seller can only claim payment for examinations that were necessary to establish the presence or absence of a fault or defect, and for the associated repairs to the item, if the Seller has explicitly informed you in advance that you are responsible for covering such costs yourself.

If you, on your own initiative, take measures to rectify the fault or defect over and above what you may have agreed with the Seller, the Seller will not cover the associated expenses.

The Seller reserves the right to reject a complaint if it transpires that the item in question is not deemed defective under the prevailing consumer legislation.

The Seller may repair an item two times for the same fault or defect. If the same fault or defect occurs three times, the Buyer may request reimbursement for the purchase. Reimbursement will be paid within 14 days.

The Seller is responsible for return shipping for approved complaints.

If rectification or re-delivery by the Seller will result in you, through normal postage/shipping time, being prevented from using the item for more than ten days, you may under certain conditions be entitled to have a replacement item placed at your disposal at the Seller’s expense. As a general rule, the Seller is not entitled to make more than two attempts at rectification or re-delivery for the same fault or defect.

If you ask us to delete your customer account, we will simultaneously delete your full purchase history. It is important that you save all receipts for your purchases in the event of future complaints. You cannot submit a valid complaint/request warranty coverage without a receipt. If, following deletion of your customer account, you should need to return an item to us in connection with a complaint, you will have to set up a new customer account to allow us to process the complaint.

9 Payment by card

In principle, we undertake not to store card numbers beyond the extent necessary to ensure efficient processing of any problems associated with charging, termination of reservation, or crediting.

10 Privacy guidelines

On accepting our terms and conditions of sale, you likewise consent to our storing and processing your personal data.

Please read our privacy guidelines, which you will find under “Customer service”.

If you choose to write a product or partner review, the review itself and the name you choose to use will be made visible to other customers. The processing of data concerning partner reviews is regulated through a data processor agreement (DPA), where Topro is the data controller.

11 Personalisation and profiling

On accepting the terms and conditions of sale and becoming a Topro customer, you consent to our personalising the content of the website based on your movements and history, and to our using the data to enter your profile in an interest group such that you receive relevant marketing concerning external websites.

We do this using external and internal cookies and systems, for example, by analysing information about how you use the website, which products you look at, what you have purchased, and what you are interested in.

12 Security for unpaid purchases

In the absence of any agreement to the contrary, Topro holds security for unpaid purchases in the products delivered, including interest and costs, until such products are paid in full.

13 The Customer’s obligations

The legal entity registered as a customer at Topro is responsible for payment of the services Topro supplies under the present terms and conditions. This responsibility also extends to the use by other parties of the customer’s access, including use by unauthorised parties, unless it can be proved that such unauthorised use was made possible through negligence on the part of Topro. As a customer, you are also responsible for ensuring that the information stated on your account is correct. You can administer this information on “My page” once you have set up an account. However, you can only change the name on the account by contacting our customer service centre.

14 Extraordinary conditions

The Seller is only responsible for the loss of value of the item if a fault or defect has been proven. This does not apply, however, if we can show that the fault or defect is attributable to conditions outside our control, and which we could not reasonably have been expected to avoid or eliminate the consequences of.

The Seller cannot be held liable for any indirect losses as a result of faults or defects, unless such losses are attributable to gross negligence or deliberate acts on the part of the Seller.

15 Changes to the terms and conditions

We reserve the right to change the present terms and conditions, including alterations attributable to changes to legislation.

16 Force majeure

If we are prevented from making delivery or completing mandatory re-delivery, or if such a delivery obligation should be unreasonably burdensome as a result of a labour market conflict or any other circumstance beyond the control of the parties, such as fire, war, mobilisation or unforeseen military drafting of corresponding scope, requisition, confiscation, currency restrictions, riot and disturbance, shortage of transportation, general shortage of goods, restrictions on the supply of fuel, and deficient deliveries from subcontractors or delays to such deliveries as a result of circumstances described in this section, the Seller shall be exempt from all responsibility other than – in complaints cases – crediting the purchase price for the defective goods.

17 Disputes and legal venue

Disputes arising from these terms and conditions and associated provisions, and disputes that otherwise pertain to trading on Topro.co.uk, are to be settled under the legislation in effect in the market in question, and are the purview of the ordinary dispute resolution bodies and courts of law.

18 Copyright

All content on these website pages is and shall remain the property of Topro Ltd, and is protected under legislation regarding copyright, marketing and brands, etc. This means that brands, company names, product names, information about products, including reviews of the products and weight, for example, images/graphics, design, layout and other content on these web pages may not under any circumstance be downloaded, copied or used in any way other than that explicitly permitted under irrevocable legislation, or with express, written consent in advance from Topro.