TERMS AND CONDITIONS

Topforsport s.r.o.
Topforsport s.r.o. ID: 29213291
VAT ID: CZ29213291
with headquarters in Brno, 614 00, Dukelská třída 1666/106, Czech Republic, company incorporated in the Commercial Register maintained by the Regional Court in Brno, section C, entry 66187 (16.4.2010)

Online store: Top4Running.com

E-mail: info@top4running.com

Phone: +49 79 519 549 600

These Terms and Conditions of Topforsport s.r.o. for sale of goods and services apply to the online store located on the website Top4Running.com and are comprised of the following articles:

Article 1. - General Provisions
Article 2. - Ordering Goods - Prices, Payment, and Delivery Article 3. a - Cancelation Policy
Article 3. b - Withdrawal from the Purchase Agreement Concluded by Means of Remote Communication
Article 4. a - Warranty Terms
Article 4. b - Complaints Policy
Article 5. - Membership Program - "Top4Running Club" Terms of Use
Article 6. - Additional Services Provided and Special Categories of Goods
Article 7. - Final Provisions

Article 1.
General Provisions

1. Seller is the commercial company Topforsport s.r.o., ID: 29213291, VAT ID: CZ29213291; with headquarters in Brno – Žebětín, 641 00, Bešůvka 810/19, Czech Republic, company was incorporated in the Commercial Register maintained by the Regional Court in Brno, section C, entry 66187; date of incorporation: 16.04.2010 (hereinafter referred to as the"Seller").
2. The online store is operated by the Seller on the website www.Top4Running.com (hereinafter referred to as the "E-shop") through the web interface of the store (hereinafter referred to as the "Interface").
3. These Terms and Conditions regulate mutual rights and obligations of the parties entering the purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and any natural person that orders products or services (hereinafter referred to as the "Buyer" or "You") through the E-shop of the Seller. As such, these Terms and Conditions along with the Privacy Policy form an inseparable part of the Purchase Agreement.
4. By using the E-shop, the Buyer accepts the Privacy Policy which applies to all information submitted to the Seller via the Interface and which may be collected during that operation under prevailing laws. The full policy may be inspected HERE.
5. By placing an order the Buyer confirms all of the following (a-d): they

      (a) are of legal age, or have received guardian permission to place an order,
      (b) are familiar with these Terms and Conditions, along with any supporting documents,
      (c) have the capacity to enter into a legally binding agreement and
      (d) consent to the collection and processing of personal data to the extent of performing the subject of the concluded Purchase Agreement.

Article 2.
Ordering Products - Price, Payment and Delivery

1. The Interface provides information about goods and services provided including the prices of individual products. The prices are quoted including the VAT and all related fees.
2. Any and all presentation of goods on the Interface is for information purposes only, and the Seller is not obliged to conclude the Purchase Agreement for such goods.
3. The prices of products are valid as of the moment the Order is placed, except for cancellation made by the Seller (see Article 3.a Cancelation Policy).
4. Delivery methods and their terms are specified in the "Shipping and Payment" section of the Interface. Delivery is arranged by the Seller in the territory of the European Union. Shipping costs may vary according to the shipping method. The specific delivery method is selected by the Buyer with the current price list available in the "Cart" section.
5. All the available payment methods are specified in the "Shipping and payment" section of the Interface. The Seller doesn’t accept any other payment methods other than those specified in the aforementioned section and available in the "Cart" and will not be liable for any damages that may result in the Buyer trying to pay by any other way.
6. The Buyer agrees with the use of remote communication means in connection with the conclusion of the Purchase Agreement and Seller is not responsible for the costs arising to the Buyer related to use of remote communication means in connection with the conclusion of the Purchase Agreement (costs of Internet connection, telephone fees, etc.).
7. To order products, the Buyer fills out the order form in the "Cart" section of the Interface. The order form contains in particular the information concerning (a-d):

      (a) ordered products (Buyer adds goods to the electronic "Cart" on the Interface and can select additional services in the "Cart"),
      (b) method of payment of the purchase price,
      (c) requested delivery method with related costs and
      (d) additional services (if applicable) and related costs

(hereinafter referred to as the "Order" or "placing an Order").

8. The Purchase Agreement becomes valid at the moment the Buyer receives the "order confirmation" e-mail from the Seller, along with supporting documents in their permanent form. Supporting documents can be inspected on the following pages: terms and conditions , Privacy policy
9. The Buyer may also be able to place the Order by e-mail, phone or other means of remote communication according to terms specified on the Interface. Regardless of the way in which the Order was placed it is valid only upon receipt of the "order confirmation" e-mail by the Seller (see Article 2.(8)).
10. The Buyer shall pay to the Seller the purchase price of the products together with costs of packaging and delivering in the stipulated amount, unless explicitly stated otherwise.
11. In the event of a delay in shipping, the Buyer will be informed thereof via e-mail. Otherwise, the Buyer will receive an e-mail confirming that their order has been dispatched.
12. Prior to the dispatch of the Order, the Buyer is able to check and change the personal information entered in the Order so that they may correct any mistakes occurred during filling out of the Order form or even cancel the order (see Article 3.a Cancellation Policy). The Seller will not be held liable for not receiving or not accepting the Order or for receiving incorrect information, whether provided intentionally or unintentionally.
13. The Buyer accepts the fact that the Seller may announce "Gift with Purchase" marketing promotions. The rules of these promotions can be found HERE. In that case, these rules form an integral part of the Terms and Conditions.
14. The Seller may issue the following discount codes to Buyers (a-b):

      (a) "Value discount code" entitles registered and logged-in Buyers to apply a fixed value discount when placing their Order. When the code is active the purchase price will be reduced by the specified fixed value of the discount. In case of applying the code to the purchase of multiple items, the discount will be applied to every item separately and in proportion with its contribution to the purchase price of ordered goods.
      (b) "Percentage discount code" entitles registered and logged-in Buyers to apply a percentage discount when placing their Order. When the discount code is active the price of goods will be reduced in proportion to the specified percentage of the discount.

The discount code is activated by entering it into the "Insert new discount code" field within the Cart or "My discount codes" section of the User Profile. Discounts provided by the Seller to the Buyer cannot be combined with each other.

15. The Buyer acquires ownership of the goods by both paying the full purchase price of the goods and taking them over from the Seller or, mutually agreed on, third party.

Article 3.a
Cancelation Policy

1. The Buyer may cancel the Order by phone (+420 222 74 64 24) or at info@top4running.com up to the point when the Seller arranges transportation to the Buyer. Please make sure to specify the Order number in the written cancellation. The Order number is stated in the order confirmation, sent to the provided e-mail address after acceptance of the Order and in order overview of the Buyer’s user profile (see Privacy Policy for more about user profiles).
2. The Seller reserves the right to cancel the Order or its parts in any of the following cases (a-e):

      (a) the goods are no longer manufactured or delivered;
      (b) the supplier has significantly changed the price;
      (c) in the event of an apparent error in the price of the goods (i.e. the price obviously differs from the price usual for this type of product). An apparent error in the price of the goods is for example a price 60% lower than the price usual for this type of product;
      (d) if the provided billing information is not correct or not verifiable;
      (e) the Seller doesn’t deliver to the provided delivery address.
If any such situation occurs, the Seller shall promptly inform the Buyer in order to agree on further action.

3. Commercial resale of goods offered by the Seller is not permitted.The Seller reserves the right to not accept the Order or to withdraw from the Purchase Agreement if they become aware that the Buyer intents to resell the goods commercially.

Article 3.b
Withdrawal from the Purchase Agreement Concluded by Means of Remote Communication

1. The Buyer is entitled to, partially or completely, withdraw from the Purchase Agreement without stating a reason within 30 days from delivery of the goods to them or a third party (other than the carrier) indicated by the Buyer. The Buyer must send the notice of withdrawal to the Seller within that period. The Buyer shall then return the goods to the Seller without undue delay, no later than within 14 days of the withdrawal from the Purchase Agreement.
2. For the withdrawal from the Purchase Agreement, the Buyer may use the template provided by the Seller, which forms an annex to these Terms and Conditions (see Annex I). We recommend withdrawing in such a manner that the Buyer sends a unequivocal notice to the info@top4running.com e-mail address of the Seller.
3. The Seller shall return the money to the Buyer within 14 days of the Buyer's withdrawal from the Purchase Agreement, however, at the earliest upon the receipt of the returned goods by the Seller.
4. When returning goods ordered using a discount code, only the amount paid per returned item of goods is refunded to the Buyer (see Article 2.(14)).
5. Besides the refund of the purchase price, in case of complete withdrawal, the Buyer is entitled to the refund of costs related to the delivery of the goods, however, at the maximum price of the cheapest transportation offered by the Seller. The costs associated with the return of the goods shall be borne by the Buyer.
6. The Buyer acknowledges that they may not, inter alia, withdraw (a-d):

      (a) from the Purchase Agreement for the supply of goods that have been adapted according to the wishes of the Buyer;
      (b) from the Purchase Agreement for the supply of goods subject to rapid deterioration, as well as goods that were irrevocably mixed with other goods after delivery;
      (c) from the Purchase Agreement for the supply of sealed goods that were taken out by the consumer and they cannot be returned for hygienic reasons;
      (d) from the Purchase Agreement for the supply of digital products if the access to the digital product has begun.

7. Withdrawal from the Purchase Agreement may be refused if the goods were purchased by an entrepreneur or a legal entity. In such cases, the relevant provisions of the Civil Code shall apply.
8. The Buyer acknowledges that if the returned goods are damaged, used beyond the scope of determining their intended use or even partially consumed, the right to the compensation for incurred damage shall arise to the Seller towards the Buyer. The Buyer acknowledges that the amount of compensation will be determined by the Seller with regard to the condition of the returned goods, and if the goods are evaluated by the Seller to be unsaleable the claim for damages may be unilaterally set off by the Seller against Buyer’s claim to the refund of the purchase price.
9. If the Buyer consents to take over a free gift together with the goods they purchased and the Buyer withdraws from the Purchase Agreement, the Buyer shall return the gift together with the goods to the Seller. Otherwise, the Seller is entitled to unilaterally set off the value of any gift not returned against the Buyer's right to a refund of the purchase price (see Article 2.(15)) .

Article 4.a
Warranty Terms

1. All issues not regulated herein shall be governed by the Civil Code and Act on Consumer Protection, as amended.
2. In case the products are purchased within the framework of business, the complaints shall be governed by the applicable provisions of the Civil Code, as amended.
3. The Buyer should not accept a damaged parcel from the carrier and should instead contact Seller’s Customer Care department. In case the damaged parcel is taken over, the complaint shall be settled with the carrier.
4. Upon acceptance of a parcel, the Buyer should check the goods without undue delay and report potential defects in writing within 24 hours, if possible including photo or video documentation, to the e-mail address: info@top4running.com. The method of the defect description and other necessary information are specified in the Article 4. b Complaints Policy.
5. The Seller is liable to the Buyer for the goods being free of defects on their takeover. The Seller in particular guarantees to the Buyer that at the time of acceptance of the goods by the Buyer (a-e):

      (a) the goods have the properties stipulated between the parties; if such stipulation is missing, the goods have the properties described by the Seller or the manufacturer or those expected by the Buyer with regard to the nature of the goods and on the basis of advertising of the Seller or the manufacturer;
      (b) the goods are fit for the purpose declared by the Seller or the purpose for which such goods are typically used;
      (c) the quality and design of the goods conform to the stipulated sample or template, in case the quality or design was determined according to a stipulated sample or template;
      (d) the quantity, size or weight of the goods are as demanded;
      (e) the goods comply with the requirements of legal regulations

6. The provisions of the above paragraph shall not apply to a defect of goods sold at a lower price due to such defect, to ordinary wear and tear caused by standard use, in the case of used goods to a defect corresponding to the degree of wear or tear at the time of acceptance by the Buyer, or if it follows from the nature of the goods
7. The right from defective fulfillment shall not apply to defects originated as a result of use in conflict with the instructions for use, defects originating from mechanical damage or natural elements. Thus, complaints may be asserted only with respect to defects caused by a fault of the material or by incorrect manufacturing technology.
8. The Seller shall not be liable for damage caused by a function or failure of the product.
9. The Buyer is entitled to assert the right from liability for defects of consumer goods within 24 months of the acceptance of the goods; this period may be extended by a statement in the warranty card. If the warranty period is extended, the Seller shall determine terms and scope of the extended warranty in the warranty card. In the event that a warranty card is non-existent, the tax document (invoice) shall serve the same purpose.
10. The moment of assertion of a complaint is the moment when the Seller receives the claimed goods from the Buyer.
11. In the case of an unjustified and therefore rejected complaint, the Buyer agrees to pay to the Seller’s reasonably expended costs associated with the complaints procedure beyond the normal method of settlement (in particular the costs of its own expert opinion, the cost of legal representation, etc.). The Buyer's right to settle the costs related to a successful complaints procedure shall be governed by the applicable provisions of the Civil Code.

Article 4.b
Complaints Policy

1. In the event of a complaint regarding goods purchased from Topforsport s.r.o., the Buyer is advised to proceed according to THESE instructions; or we recommend:
   • First, send an e-mail with the name of the product, order number and detailed description of the reason for complaint to info@top4running.com. Our Customer Care department will gladly assist You with filling out an online claim form or inform you of alternative steps to follow.
   • Send the claimed goods, together with the generated claim number, to the local address provided in the “How to make a claim” section of the E-shop.
   • Please deliver all components that may relate to the claimed defect together with the goods, provide an exact description of the defect or, as the case may be, evidence of the defect that occurs on an irregular basis, contact information (phone number, e-mail address), specification of rights that you wish to assert in connection with the complaint, sales receipt (copy) and/ or warranty card.
   • The Buyer may choose whether to take out insurance for loss, theft or destruction of the parcel. Topforsport s.r.o. does not cover any of expenses or postage/shipping costs and will not be liable if the parcel is not delivered and will not take over parcels sent by cash on delivery.
   The above recommendations shall not affect the options and rights of the consumer under the prevailing laws, as amended, and their purpose is to enable the complaint settlement as soon as possible.
2. The Seller shall issue a written confirmation (complaint record) stating the date of asserting the right from liability for defects, the confirmation of a repair and its duration, or, as the case may be, the method of the complaint settlement.
3. Complaints shall be settled and defects remedied without undue delay and no later than within 30 days of the date of the complaint, unless the Seller and the Buyer agree on a longer period. After the vain lapse of such a period, the Buyer is entitled to claim an adequate discount from the purchase price or to withdraw from the Purchase Agreement.

Article 5.
Membership Program - "Top4Running Club" Terms of Use

What is Top4Running Club?

1. Top4Running Club (from hereinafter the “Club”) is a loyalty based, free of charge, dynamic tiered membership program for Buyers of the Top4Sport e-shops (from hereinafter the “Members”). As such, the Club is directed only at natural person’s and does not apply to legal entities or entrepreneurs trying to use the same benefits (see Articles 1(3) and 7(2)). A Member can only be a person considered an adult by local legislation. Person under 18 years of age, can become a Member only with prior consent of their parent(s), guardian, or legal representative. Membership of the Club is personal and non-transferable. Every Buyer can have only one Member’s account.
2. Latest version of the Membership Program and ensuing Terms of Use (see Article 5.) are valid from 31.10.2022 when existing Members of the Club will be automatically switched to the new version as BASIC tier Members with 150 points (see details below).
3. There are two ways for Buyers to become Members of the Club (a-b):
       (a) by proactively registering for it;
       (b) by making their first purchase on the E-shop.
4. The Club membership consists of 4 tiers: ZERO, BASIC, PRO and GOLD. Members progress through the tiers by collecting points. When progressing to a higher tier the Member keeps all the benefits offered in the previous tier and gains access to additional benefits.

How to access Top4Running Club personal account?

5. Login data will be provided to the Member to access their account on the Interface, where their personal data may then be updated. Information regarding Member’s login data and processing of Member’s personal data can be found in the Privacy Policy
6. It is a responsibility of the Member to keep their contact details up to date. The Member is responsible for maintaining the confidentiality of Member’s login data. Should the Member suspect that their data has been revealed to a third party, they are obligated to immediately inform the Seller. Topforsport shall be held responsible for the damages incurred due to the failure to report or to a delayed report of the misuse only in cases of a serious failure on its part. The Seller is not liable for any malfunction or failure of the Club system or any consequences, including but not limited to any indirect, incidental or consequential loss or damages arising from any unavailability, suspension, modification or termination of the Club or the Membership.

How to collect points and what are the Club benefits?

7. Members collect points by purchasing products in the E-shop where for each 1 € they spend on products they will be assigned 1 point ex. buying 100 € of goods will assign 100 points to the Member. Exceptions apply to purchases of additional services (see Article 6(1)), B2B orders and orders paid to the carrier upon delivery i.e. “cash or card on delivery” payments.
8. Points are assigned as whole numbers and rounded according to two decimals, for example, if the product price is 103,49 € it’s worth 103 points and 103,50 € is 104 points.
9. Points collected by making a purchase, see previous paragraph 7, will be assigned to the Member’s account immediately, but will be active and applied through tiered benefits only after the applicable return period, 30 days by default or 60 days if the Extended Return Period service applies (see Articles 3.b(1) and and 6.(3)) or whatever return period an ongoing marketing campaign could dictate. On the other hand, if the customer returns a product the points collected by its purchase will be deduced from their Member account.
10. The Seller reserves the right to change activities for point collection mentioned in the previous paragraph 7, however, the Member will always be informed about the type of an activity and points assigned before they engage in it. The Seller reserves the right to revoke some or all received points that were assigned due to an error or through fraud, deception or any unauthorized action of the Member.
11. Club is a dynamic tier membership program, so with each month of inactivity, i.e. no new points acquired via actions described in paragraph 7 of this article, active points will be deduced from the Member’s account. Monthly deterioration of points is applied according to the active tier of the Member so the following amount of points will be deduced from their account:
        (a) ZERO - 5 points
        (b) BASIC - 10 points
        (c) PRO - 20 points
        (d) GOLD - 40 points
    
12. Required points (in brackets) and additional benefits offered by each tier are as follows:
        (a) ZERO (0- 99 points) - 5% discount, Club Days
        (b) BASIC (100 - 299 points) - 5% discount, Club Days, Early Access, 1x 10 € voucher
        (c) PRO (300 - 499 points) - 7% discount, Club Days, Early Access, 2x 10 € voucher
        (d) GOLD (500 points) - 7% discount, Club Days, Early Access, 3x 10 € voucher, free shipping
    
13. Percentage discount is applicable to a range of goods determined by the Seller. After logging into their user account, with an activated membership discount, and browsing the E-shop Members can visually identify these goods by price tags, check mark icons that will appear next to the price and discount tags all colored blue.
14. “Club Days” are a recurring marketing campaign that offers special discounts and/ or additional benefits to Members only. Information about a specific campaign will be displayed in the E-shop and Members will be informed about it prior via e-mail.
15. “Early Access” is a service available to BASIC, PRO and GOLD Members only that gives them priority access to selected goods. According to their interests (previous order history) Members will be notified of Early Access products by email.

How to cancel the membership?

10. Members can cancel the membership at any time by (a-c):
        (a) requesting it via link in the footer of any Club communication e-mail;
        (b) requesting it via link in a membership section of the user profile     (c) contacting the customer care department and making a request by email (info@top4running.com) or phone (+49 79 519 549 600)
    
11. The Seller reserves the right to determine the goods and services covered by the Club as well as its contracting parties. Any membership will be terminated in any of the following cases (a-e):
        (a) if the member revokes the consent for personal data processing by requesting to be removed from our marketing database;
        (b) ZERO tier memberships after a 6 month period of inactivity;
        (c) if the member provides incorrect data in their application, misuses the benefits provided by the Club, or through their actions violated any point of Terms and Conditions;
        (d) if the Seller determines that the Member is ineligible to participate in the Club;
        (e) if the Seller suspects the Member is buying with commercial intent i.e. to resell the goods to make profit.
    
12. The Seller reserves the right to publish photographs and videos showing the winners of any competitions held by the Club, including the names of winners, without any financial compensations, which by participating in these activities the Member agrees with.
13. The Seller reserves the right to modify, suspend or cease Club membership program at any time.

Article 6.
Additional Services Provided and Special Categories of Products

1. In the "Cart" section of the Interface, the Seller reserves the right to offer additional services to the Buyer upon their request, namely (a-b):

      (a) "Extended Return Period"
      (b) "Delivery Warranty"

By their nature, It is not possible to withdraw from the provision of these services, after the Order is shipped to the Buyer.

2. "Delivery warranty" service entitles the Buyer to an immediate withdrawal from the Purchase Agreement and refund in the event of damage or loss of the package during the delivery. After purchasing the service, Topforsport undertakes to deal with claims for goods damaged or lost during transport as a matter of priority.        - It applies to all modes of transport offered by Topforsport.
          - The Buyer can use the service from the expected delivery date, communicated in the order confirmation, up until 24h after the delivery of the goods.
          - The service can only be purchased once per order. The service applies to all physical goods in the order.
          - The service is not insurance or any other service provided as part of the insurance business.
   
3. "Extended Return Period" service entitles the Buyer to withdraw from the Purchase Agreement without providing a reason, and return the purchased goods, for an extended period of time. Standard withdrawal period (see Article 3.b (1)) is, within this service, further extended by another 30 days. The withdrawal period is thus 60 days or longer should a consumer event extend the said period.
4. Even for goods returned within the scope of "Extended Return Period" service the Seller reserves the condition that the goods may not be used, expired, partially or completely consumed or damaged beyond inspecting them to determine the scope of their intended use. The goods should be returned in the original packaging and with intact tags.
5. The Seller provides to the Buyer a digital product called "Gift Voucher" (hereinafter referred to as the "Voucher"). The Voucher is a unique code intended for payment in the E-shop, where it can be used for any goods from the offered range. The Voucher can only be redeemed after user registration and login. The Voucher code shall be entered into the "Insert new discount code" field within the Cart. The price for the selected goods will then be reduced by the value of the Voucher. If the Voucher is used to purchase more than one product the same rules apply as for "Value discount code" (see Article 2. (14.a)).
6. The Voucher cannot be returned or refunded. The value of the Voucher can only be used up by a one-time purchase and cannot be used for other services provided, transport payment nor as payment on delivery. The voucher is valid for 180 days from the date of purchase and becomes invalid after this period.
7. In the event of a Voucher being used for purchase of goods and the subsequent return of the goods within the specified period or an accepted complaint, the Buyer has, among others, the right to a refund in the value of the voucher.

Article 7.
Final provisions

1. The invalidity of a provision hereof or of any contractual arrangement between the parties shall not affect the validity and effectiveness of the remaining provisions.
2. These Terms and Conditions shall not apply to cases where a person who intends to purchase products from the Seller is a legal entity or a person who orders goods within the scope of their business or independent profession.
3. A template of the notice of withdrawal from the Purchase Agreement forms an annex hereto (see Annex I).
4. The Purchase Agreement and all supporting documents are drawn up in English and are governed by European law.
5. These Terms and Conditions shall become valid on 31.10.2022. Top4Sport s.r.o. reserves the right to make changes to Terms and Conditions as neccessary.

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ANNEX I

Withdrawal from the Purchase Agreement

 

Seller:
Topforsport s.r.o., Brno, 614 00, Dukelská třída 1666/106, Czech Republic IČ: 29213291, VAT ID: CZ29213291

 

Correspondence address:
Topforsport s.r.o., Dukelská třída 1666/106, 614 00 Brno, Czech Republic

CAUTION! This address is only to be used in case the buyer insists on sending the withdrawal notice by post instead of e-mail, this is not an address for return of goods. The address for return of goods can be found in the “How to return goods” section of our E-shop’s Interface.

Buyer:
Name, surname:
Address:

The Buyer is hereby giving notice to the Seller, that they are withdrawing from the Purchase Agreement for the following goods:

 

____________________________________________________________________________

Date of obtaining the goods:
Order number:

 

Date                                                                                                                   Signature of the Buyer