THE TERMS AND CONDITIONS OF THE ON-TOP - YOUR STORE AND MARKETPLACE WEBSITE
We are glad that you have visited our website. Please read the current terms of use and the sale of goods provided on our websites: www.on-top.com which are explained in the “Terms and Conditions” section. Our websites offer sales based on B2B (business to business) as well as B2C (business to consumer) services.
On-Top - Your Store and Marketplace is an online sales service where you can find your favourite shops in one place. It is a platform for the sale of goods and services.
I. THE PRELIMINARY PROVISIONS
1. The only owner and the administrator of the websites is: ON-TOP LEWANDOWSKI LIMITED based in Grays, Felicia Way, Company number 11413621. Which was entered into the Register by executive agency Companies House sponsored by Department of Business, Energy & Industrial Strategy. Contact e-mail address: office@on-top.com (“Administrator”).
2. To use the website, browse the available goods for sale and to place an order it is necessary for the user to have each of the following:
a) A device (such as a computer or a smartphone) with unlimited access to the Internet.
b) The Internet Browser: Safari, Chrome, Internet Explorer, Firefox, or Opera.
c) Active e-mail account.
3. The customers using our websites’ services must be legal adult entities that can perform any legal activity or act on behalf of other individuals with at least limited legal capacity and without legal personality but having legal capacity.
4. The customers should read the terms and conditions before using our websites.
5. The customers are entitled to use our websites according to the terms and conditions and following the applicable law regulations. The customers should not use our website if they do not accept the terms and conditions.
Each seller can create a” Seller Account” on our website to start selling his goods. After we verify that the provided data is correct, we authorise the seller account. During the seller account authorisation process we may ask for any relevant documents that are required for authentication of your company. Each seller is provided with a unique seller account with the ability to manage his product range. In the case of arising issues, we offer to help with filling out the details on the mentioned account and managing the full product range. The sellers can advertise their products on our websites as well as on other social services etc. We offer promotion and advertising services directly after receiving any relevant materials such as company logo, advertising banners, photos, descriptions etc. The website can be used by both sellers as well as manufacturers. The sellers do not have to be the product’s manufacturer to offer the full range of products from selected companies. In that case, we may ask for the relevant approval for the authorisation of the product promotion. We, acting as a sales platform, are not responsible for offering any products on the website without the consent of the manufacturer.
II. TERMS
1. Working day - any day of the week, from Monday to Friday except public holidays or Saturdays.
2. The configurator - a tool that allows the customers to enter specifications and personalisation of the product.
3. Password - a unique series of characters (numbers or letters) chosen by the customers which they enter on the website to confirm their identity. The password is confidential so the customers should keep it for themselves.
4. The customer - any person that is using the website in any way.
5. The customer account - an account on the website by which the customer can buy goods and view the order history etc.
6. The seller - any company that is selling its products on the website or distributes the goods manufactured by others.
7. The seller account - an account on the website by which the seller can manage its shop, the sale of goods and verify the payments etc.
8. The basket - a tool on the website that enables the customer to specify the order details such as the customer details, ordered goods, invoice details, delivery method, payment method, and other details that are required for the processing of the order.
9. Newsletter - an advertising information sent by the administrator which includes offered goods, new items, promotion etc.
10. The website - an online service managed by the administrator that enables the customer to order goods operating on the following pages: www.on-top.com.
11. The goods- products that can be ordered through our websites.
III. CONDITIONS OF PLACING THE ORDER
1. The customer should read the terms and conditions before placing the order.
2. The details of the goods available in the product range of each seller displayed on the website are not considered as an offer regarding the civil code. The purpose of the details of the goods displayed on the website is the invitation for sending offers by the customers.
3. The customer is making an offer to conclude the sale (purchase) agreement of the selected goods offered by the seller by placing the order on the website. The conclusion of the sale agreement requires placing an order by the customer and confirmation of the received order after the seller verifies the goods are in stock or the ability to process the order according to the customer specifics, following the customer’s personalisation of the goods done in the configurator.
4. The website enables placing orders 24 hours a day and 7 days a week and their processing time is carried out within working days, unless there is a possibility for an additional fee, to ship certain goods on non-working days.
5. The customer is placing an order by selecting goods and adding them to the basket. The customer can place an order for goods available in the seller’s stock as well as the goods displayed on the website or goods that are custom-made according to the customer’s personalisation of the goods.
6. The customers must be registered and have an account on the website to be eligible for ordering goods. Also, customers that are not registered on the website are eligible to order goods after providing necessary details for the processing of the order.
7. To be registered on the website after the creation of an account, the customer must properly fill out the registration form located on the website and log in to the customer account with the use of his e-mail address and chosen password.
8. It is voluntary and free to create and use the customer account, but it also necessary for ordering goods on our website. The detailed procedure for the customer account registration is stated on our website.
9. You only need to register once. After the procedure for the customer account registration is completed, the customer logs in to his account using his e-mail address and a password created upon registration.
10. The customer is obligated to enter correct and up to date details during the registration process.
11. The registered users that have the customer account and want to start selling their products on the website must create the seller account by filling out the company details and the details of the seller’s shop in the account section. To register a seller account and sell goods through the website it is necessary that the seller must conclude the agreement with the administrator after the company details are verified and the terms of cooperation are established.
12. The customer is obligated to not share his customer account and just use it himself. It is forbidden to share the account details or the password with third parties. The website administrator is not responsible for any issues arising because of sharing an account or password with third parties.
13. The customer is obligated to use the customer account in accordance with the applicable terms and conditions and act in a way that would not affect the rights of other customers.
14. The customer can delete the customer account at any moment. The customer can request to delete the customer account via e-mail: Customer Service Department - cs@on-top.com.
15. The website administrator can temporarily block or delete a customer account after notifying the customer via e-mail linked to the account and providing the reason, in the case where:
a) The customer used the customer account against the terms and conditions, decency, and applicable law regulations.
b) The customer entered incorrect or false information while completing the registration form or using the website which resulted in the inability or significant difficulties in providing the website services.
c) The customer’s actions lead to the breach of the security conditions or threaten the security of the provided website’s services.
d) The customer was acting to the detriment of the administrator and other customers or sellers.
16. The customer having the customer account can place an order by logging in to the website, adding the goods to the basket and confirming the order by selecting the button - “Order with an obligation to pay”.
17. The price of the available goods on the website at the time of placing the order is binding for the customer, the seller, and the administrator. The price of the available goods on the website is displayed in Great Britain Pounding currency, GBP and includes VAT (it is a gross price).
18. The customer can download the invoices for the ordered goods in the customer account. The invoice acts as the confirmation of the sale of goods and agreement conclusion. The invoice will be also sent (as an attachment) to the customer’s e-mail address provided while placing the order as a confirmation of the order and payment for the ordered products. The direct invoice from the seller should be included in the parcel together with the order.
19. The price for goods displayed on the website does not include the cost of shipping for the goods to the customer. The shipping cost is added to the price of the goods and is displayed in the basket before the customer confirms the placing of the order. In some cases, the shipping can be free. The shipping cost depends on the delivery of the goods to the customer, the delivery place and the value and size of the order and is provided each time with the goods.
20. The customer placing the order on our website can use the following methods of payment:
a) Bank transfer- payment made before the collection of the ordered goods, to the bank account indicated on the website after placing the order.
b) Electronic payment- payment made before the collection of the ordered goods via an electronic payment system carried out through the National Payment Institution. Electronic payment via the electronic payment system is possible through a quick transfer, card payment, BLIK payment.
IV. ORDER PROCESSING
1. The administrator sends the confirmation of the order acceptance to the e-mail address provided by the customer upon placing the order within 3 days from the order date.
2. In the case where the processing of the order is impossible due to the lack of an availability of the goods in the stock or inability to process the order in accordance with the customer’s specifications, according to the personalisation of goods which was made by the customer in the configurator, the administrator notifies the customer within 3 days of placing the order by sending the message to the e-mail address indicated by the customer. In the case where only some of the goods from the order are unavailable or the order cannot be processed in accordance with the customer specifications of some goods, the customer can decide whether the order will be processed partially or will be completely cancelled.
3. In the case of cancellation of the order due to the situation mentioned in the 2nd paragraph above, the administrator will refund the amount paid (or its part in the case where only the part of the order is processed) within 7 working days from the order cancellation date. The administrator refunds the payment by the same method used by the customer unless the customer has agreed on a different refund payment method which does not cost him anything.
4. The goods ordered on our website are delivered to the address indicated by the customer upon placing the order, to the country to which the delivery is offered by the seller, that can be selected while placing the order in the period indicated each time while placing the order on the website, calculated from the date of sending the confirmation of the order processing.
5. The order is accepted for processing after the payment is made for the ordered goods. In the case where the customer has selected electronic payment or payment by the bank transfer, the administrator will accept the order for processing after the payment for ordered goods is credited to the administrator’s bank account. In the case where the customer has selected payment by the bank transfer, he should make a payment within 3 days from the order date. The customer receives the confirmation e-mail after we receive the payment for the ordered goods.
6. The delivery of the parcel to the customer is processed according to the customer’s choice and by using the available types of shipment offered by each seller, indicated on the website, and confirmed in the basket before placing the order, carried out via courier company including delivery to parcel lockers, collection points or via postal services.
7. Deliveries of the parcels are carried out on working days. The goods preparation time for shipment takes roughly from 24 to 72 hours and the delivery time depends on the carrier, and on the delivery to the selected country which varies from 1 to 8 working days.
8. The customer receives the shipping confirmation e-mail after the parcel is transferred to the selected courier company or the postal service.
9. The customer can easily track the parcel and its delivery status by using a unique number assigned to the order which is available in the “My Account” tab, in the “Order History and Details” section under “Details”.
10. In the case where effective parcel delivery to the customer is impossible, the goods will be returned to the seller and the customer will be informed via the e-mail address provided during placing the order.
11. The customer is obligated to pay the full cost for the delivery of the ordered goods. The delivery costs for the ordered goods depend on the method of goods shipped to the customer which is indicated in the basket before the confirmation of the customer placing the order. The accurate delivery costs for goods are indicated on the seller website.
V. THE WITHDRAWAL FROM THE AGREEMENT
1. The customer who is being a consumer can withdraw from the agreement without giving any reason within 14 days from the date the customer or any appointed third party other than the carrier received the goods by submitting the statement for withdrawal of the agreement in accordance with Article 27 of the Consumer Rights Act from 30th of May 2014. To meet the deadline, the statement should be sent before the deadline expiry date. The customer can send a statement via the e-mail address or by filling out the withdrawal form that can be found in the attachment number 1 of these terms and conditions.
2. In the case mentioned in the 1st paragraph above the customer should return the goods to the address indicated by the seller and attached to the order confirmation e-mail no later than within 14 days from the date of withdrawal of the agreement. To meet the deadline, the goods should be returned before the deadline expiry date. The customer is obligated to cover any costs related to the return of the goods.
3. The customer’s right of withdrawal from the agreement does not apply in situations described in Article 38 of the Act that is mentioned in the 1st paragraph above concerning the following agreements:
a) The agreement in which the subject of the service is a non-prefabricated product, manufactured according to the customer’s specifications or his individual needs meaning the goods manufactured in accordance with the goods personalisation made by the customer in the configurator- selecting product variants.
b) The agreement in which the subject of the service is a product delivered in a sealed parcel that cannot be returned after the seal removal due to healthcare and hygiene reasons.
c) The agreement in which the subject of the service are audio and video recordings, or computer games delivered in an originally sealed parcel that cannot be returned after the seal removal.
4. The customer is responsible for the lower value of the goods that may be a result of incorrect usage, using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functions of the goods.
5. In the case of withdrawal from the agreement in the situation mentioned in the 1st paragraph above, the administrator is obligated to immediately and no later than within 14 days of the date of receiving the customer’s statement for withdrawal from the agreement, refund all the payments made for the order including the goods’ delivery costs. The administrator is not obligated to refund any additional cost incurred by the customer related to the shipment of the goods.
6. The administrator refunds the amount paid for the ordered goods by using the same payment method as was used by the customer unless the customer has agreed on a different refund payment method that would not cost him anything.
7. The administrator may temporarily withhold the refund of the amount paid for the ordered goods until the time when we receive the returned goods or any proof that the goods are being returned, whichever happens first.
8. The conditions related to the customer mentioned in this “V” section are also used in relation to the person who is performing an economic activity, in the case where the sale agreement is not of a professional nature for that person, particularly resulting in the subject of the performed economic activity that is available on a basis of the regulations in the Central Register and Information on Economic Activity.
VI. COMPLAINTS
1. The customer can file a complaint related to the non-compliance of the goods with the agreement by using the customer account or via the e-mail address provided on the website.
2. The administrator is obligated to provide and supply the goods to the customer without any defects and in a working order.
3. The administrator immediately considers received complaint and responds to the complaint filed by the customer no later than 14 days from the date of filing the complaint by the customer.
4. The customer that is being a consumer has the ability to use the extrajudicial ways to file and deal with the complaint. The customer particularly can make a request for the initiation of the mediation proceeding to the Regional Inspectorate of Trade Inspection or apply to the Standing Consumer Arbitration Court that is operating by the Regional Inspectorate of Trade Inspection with a request to resolve the dispute. In order to use the extrajudicial ways to file and deal with the complaint, the consent of both parties is needed.
5. The customer that is being a consumer can get help with resolving the dispute with the seller and can receive a free legal advice or some information from the ombudsman or social organisation that is responsible for the consumer’s rights protection mainly the consumer Association, Consumer Federation.
VII. PERSONAL DATA
1. The website administrator manages the personal data provided by the customers in relation to the customer account registration.
2. The administrator uses the personal data provided by the customer to register the customer account and to process the order, ensuring its security in accordance with the applicable law regulations and following the Privacy Policy. The customer’s personal data is protected against any unauthorised access.
3. The customer can view, edit, or amend his personal data as well as make a request to delete it at any moment.
4. The customer can also give his consent for processing of his personal data to an extent greater than the one indicated in the terms and conditions stated above.
VIII. NEWSLETTER
1. The customer can consent to receive the advertising and marketing information in a form of a newsletter, that is sent by the administrator to the customer’s indicated e-mail address.
2. The customer can withdraw his consent and unsubscribe from receiving the information at any moment by clicking on the link attached to each message sent by the administrator.
IX. CONTACT DETAILS
1. The administrator contacts the customer via the customer account, the e-mail address and telephone number provided by the customer, or by post in writing.
2. The customer can contact the administrator in the following way:
a) Via e-mail: cs@on-top.com
b) Through the customer account
c) By a telephone number: +44 1375 844144, +44 7986 133933
d) By post sent to the following address: On-Top Lewandowski Limited Company, Felicia Way, RM16 4JE Grays.
X. THE RISK OF USING THE ELECTRONICALLY SUPPLIED SERVICES
1. The administrator warns about the risk of using the electronically supplied services related to:
a) The unauthorised misuse of the customer data by the third parties.
b) The installation of unwanted software as a result of clicking the link that delegates to the fake website on the Internet.
c) The use of the information supplied by a person that is not authorised to provide such information.
2. In the case where the content on the website was posted against the law, copyrights, good morals and against the principles of a fair competition, the administrator will take certain steps to delete the cause of the violation of the website immediately after receiving the justification of such violation from the authorised person.
3. The administrator can be notified about such violation via the e-mail address provided on the website or in the use of the form located on the website.
XI. THE RESPONSIBILITY
1. The use of the website may be temporarily unavailable due to important reasons including technical error, misuse of the website by customers and third parties as well as in the case where it is a requirement justified by the law, improving the quality of the services and the functionality of the website. The administrator usually notifies the customers about technical breaks and their duration by posting notifications on the website.
2. The administrator is not responsible for any technical issues occurring in the customer’s computer, his device, software, or the IT system that is used by the customer and is causing problems in the use of the website by the customer.
XII. FINAL PROVISIONS
1. The customer is obligated to use the website in accordance with the applicable law and act in a way that would not affect the rights of third parties and overall decency. It is forbidden to share illegal content by the customer or third parties.
2. The customer is forbidden to interfere with the website and its content in any way, he particularly cannot interfere (including making any changes, additions, modifications, or other actions) in the content, structure, form, graphics, software, operating mechanism, or other website’s elements.
3. The administrator possesses intellectual property rights including copyrights or the relevant license to the content on the website and particularly including the software, descriptions, logos, names, graphics, photos as well as online recordings and the live transmissions shared through the website. It is forbidden to copy or share the website’s content without the administrator’s consent or against the applicable terms and conditions.
4. In the case where the goods are manufactured according to the customer’s specifications and in accordance with the customer’s personalisation or goods that were created based on the project made by the customer in the configurator, the customer is responsible for ensuring that the provided project will not affect the rights of third parties.
5. The name of the goods displayed on the website as well as other names posted on the website may be protected on a basis of the regulations of the Industrial Property Law Act from 30th June 2000.
6. In cases that are not regulated in the terms and conditions, the applicable law should apply including The Civil Code Act from 23rd April 1964 and the Consumer Rights Act from 30th May 2014.
7. Any disputes occurring between the customer that is not being a consumer and the administrator will be resolved in the local jurisdiction of the Administrator’s office.
8. The administrator does not follow the code of good practice in relation to the Combating Unfair Commercial Practices from 23rd August 2007.
9. The terms and conditions do not restrict the further-reaching rights of the customer that is being a consumer, resulting from the applicable law.
10. In the case where one of the terms and conditions will be considered invalid, the remaining terms and conditions should remain in force.
