Terms of Sale

1. Scope of Application

These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between you and TheTopmark (hereinafter "Seller") via the online shop. Deviating terms and conditions of the customer are not recognized unless the Seller expressly agrees to their validity in writing.

A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

2. Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer, but an non-binding online catalog. You can initially place products into the shopping cart without obligation and correct your entries at any time before submitting your binding order.

By submitting the order, you are making a binding offer to purchase. The Seller accepts this offer by sending you an order confirmation by email or by shipping the goods. The contract is only concluded upon this acceptance.

3. Prices and Sales Tax

All prices stated are in US Dollars (USD) and include statutory sales tax, where applicable. Shipping costs are not included in the product prices, unless expressly marked as "free shipping."

Effective April 1, 2021, TheTopmark collects sales tax in the following 44 US states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

Changes in tax conditions between order and payment may lead to discrepancies. The final tax will be shown on the invoice.

4. Payment Terms

Payment is made by credit card, debit card, or other payment methods offered in the shop. The amount is usually charged within 24 hours of placing the order.

The customer is obligated to pay the purchase price immediately after conclusion of the contract. In case of default of payment, the Seller is entitled to demand default interest at the statutory rate and to cancel the order.

If you are a tax-exempt entity or reseller, you may apply for tax exemption at service@thetopmark.com.

5. Delivery and Shipping

The separate shipping and logistics policy of TheTopmark applies. Deliveries are only made within the USA (excluding Alaska, Hawaii, Puerto Rico, and Guam). No shipping to FPO, APO, or PO Box addresses.

Shipping usually takes place on the next business day after receipt of payment. Delivery time is 3-5 business days. Partial deliveries are permitted.

The Seller assumes no responsibility for delays due to force majeure, transport companies, or incomplete address details provided by the customer.

6. Retention of Title

The delivered goods remain the property of TheTopmark until full payment of the purchase price. The customer may not sell, rent, pledge, or otherwise transfer the goods to third parties before full payment.

7. Right of Withdrawal and Return

The separate return and refund policy of TheTopmark applies. Consumers have the right to withdraw from the contract within 30 days of receipt of the goods without giving reasons. For certain product groups (e.g., batteries, special offers), the right of withdrawal may be excluded or restricted.

If the right of withdrawal is exercised, the customer bears the regular costs of return, unless the goods arrived defective or damaged.

8. Liability for Defects (Warranty)

The statutory warranty provisions apply. Should the goods be defective, the customer has the right to supplementary performance (repair or replacement delivery), reduction of the purchase price, or withdrawal from the contract.

The customer must report obvious defects within 3 business days of receipt of the goods. Hidden defects must be reported immediately after discovery. In the event of failure to report, the goods shall be deemed approved.

No warranty is provided for damages caused by improper use, overuse, natural wear and tear, or external interference.

9. Liability

TheTopmark is liable without limitation for intent and gross negligence. In cases of slight negligence, the Seller is only liable for damages resulting from the breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place.

Liability for indirect damages, lost profits, consequential damages, and financial losses is excluded to the extent permitted by law.

10. Data Protection

The Seller processes the customer's personal data for contract processing and customer care in accordance with applicable data protection regulations. Data will only be passed on to third parties to the extent necessary for contract fulfillment (e.g., shipping companies, payment service providers).

11. Applicable Law and Jurisdiction

The law of the United States of America applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is the registered office of TheTopmark, insofar as the customer is an entrepreneur.

12. Severability Clause

Should individual provisions of these GTC be or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected.