Terms and Conditions
Topmatsxxl.com (or “Seller”) works to make each mat stand out. All mats that are produced, are custom manufactured to meet your specific needs. By agreeing to this Work Order, the signatory to this agreement (“Buyer”) consents to the following Terms and Conditions and agrees that such Terms and Conditions govern the transaction between Buyer and Seller:
Acknowledgments, Authorization and Payment
Buyer has reviewed the specified dimensions to confirm the correct sizes for its order. By indicating acceptance of the Work Order and making payment via Seller’s ordering tool, Buyer authorizes Seller to begin production on the Work Order and to charge Buyer’s credit card in the amount reflected on the Work Order. Following such charge, no changes may be made to a custom order. Seller is not responsible for any errors in the final product caused by erroneous information provided by Buyer.
Returns and Refund Policy
Because Seller’s products are custom-made, Seller does not accept returns, and no refunds are available. Notwithstanding the foregoing, if within 30 days of Buyer’s receipt of custom product, Buyer discovers material defects or executions deviating from the Work Order (variant, dimension or quantity), it may submit an inquiry to Seller for verification; if Seller’s Quality Control team determines in its sole discretion that an item is indeed defective, Seller will offer an equitable resolution of the matter to Buyer.
Material and Colors
Seller strives to accurately depict all colors on its website and in its Work Orders; however, colors displayed on Seller’s website and in Work Orders are representative. Because there are many variations in computer monitors and browsers, and not all monitors are calibrated equally, color reproduction on the Internet is not precise. Accordingly, Seller does not guarantee that what you see online will match the color of the actual product delivered. Even finished products can have minimal color variations within a production run, or in subsequent manufacture. Buyer acknowledges that actual colors may vary from colors shown on your display monitor, and even within an order or in supplemental orders. There are no returns due to color variances.
Indemnification
Buyer agrees to defend, indemnify and hold harmless Seller from and against any and all claims, damages, costs and expenses (including, but not limited to, attorney’s fees, expenses and court costs), arising from or relating to (i) Buyer’s use of Seller’s products and services, (ii) breach by Buyer of these Terms and Conditions, and (iii) Buyer’s violation of any rights of any third party. Seller has the right to select defense counsel and to direct the defense or settlement of any such claim or suit.
Disclaimer of warranties
To the maximum extent permitted by applicable law, seller makes no warranty or representation, express or implied, by operation of law or otherwise, with respect to any of the products sold hereunder, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property.
Limitation of remedies
To the maximum extent permitted by applicable law, seller’s liability whether in contract, in tort, under any warranty, in negligence or otherwise, will not exceed the return of the amount of the purchase price paid by buyer and under no circumstances will seller be liable for special, indirect or consequential damages, even if seller has been advised of the possibility of such damages, and no action, regardless of form, arising out of the transaction under this agreement may be brought by buyer more than one year after the cause of action has accrued.
Governing Law and Jurisdiction
Dutch law is exclusively applicable to all legal relationships to which Seller is a party, even if an obligation is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded. The court in the place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, Seller has the right to submit the dispute to the competent court according to the law. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
Force Majeure
Seller is excused for failure to perform its obligations under this agreement if it is prevented or delayed in performing those obligations by an event of force majeure. An event of force majeure means any event or circumstance, regardless of whether it was foreseeable, that was not caused by Seller and prevents Seller from complying with any of its obligations under this agreement. For purposes of example, such event of force majeure includes, but is not limited to acts of fires, floods, hurricane, explosions, riots, wars, acts of terrorism, acts of any governmental authority, strikes and other labor difficulties, and other events or circumstances beyond the reasonable control of Seller.
User Content
If Buyer or Buyer Team Representative(s) provides photos and/or testimonials to Seller, Buyer authorizes Seller to use such photos and testimonials in the marketing of Seller’s goods and services. Buyer represents and warrants that any content submitted to Seller is original to it, that Buyer owns all applicable legal rights in such content, and that the content does not infringe upon the rights of any other person or entity, including individuals depicted within the content. Buyer certifies, represents and warrants that any individual depicted in any content submitted to Seller has given permission to use his or her likeness in the marketing of Seller’s goods and services or Buyer has the authority to attest to this release on his or her behalf.
