Terms of Sale

Note: The following is a translation of the original French general terms and conditions of sale, and is provided for the convenience of English-speaking readers. In the event of litigation, the French original alone shall be considered binding.

Article 1: Application and Scope of the Terms of Sale

The general terms and conditions of sale detailed below (the "Terms of Sale") shall govern the contractual relationship between TOP SELLERIE, a French limited liability company (LLC) under sole ownership having its registered office at 1, rue du Cours - 61500 SÉES - FRANCE, registration number 413 768 136 (hereafter referred to as "We" or "Us"), and any persons who place an order (hereafter referred to as "You", "The Buyer", or "The Client") on the www.ench.topsellerie.com website.

The Buyer is routinely informed of the present Terms of Sale before placing an order. Therefore, all orders placed on the www.ench.topsellerie.com website imply the Buyer's full and unreserved acceptance of the present Terms of Sale in their entirety.
No special terms may take precedence over these Terms of Sale unless otherwise expressly stated in writing. The present Terms of Sale may be modified at any time, it being understood that such modifications shall be duly published on our website.

Article 2: Orders

Your order shall be accepted under the present Terms of Sale.

Please note that we will respond to your order subject to availability depending on our stock levels and those of our suppliers.
You will be informed of the availability of the products that you wish to purchase when placing your order. Nonetheless, if despite our reasonable efforts, an order is placed for a product that is temporarily unavailable (out of stock, out of supplies, etc.), we will inform you of this by email and invite you to cancel or modify your order.
If an order is placed for a product that is permanently unavailable, we will cancel your order automatically and inform you of this by email.

When you confirm your order, you implicitly accept the present Terms of Sale provided on this website in their entirety and take full cognizance of them, it being understood that the very act of buying entails the acceptance of these Terms of Sale.

Article 3: Prices

Prices indicated in euros are inclusive of all taxes (except for non-EU countries) other than customs duties.

We reserve the right to modify our prices at any time, but the price invoiced for your purchase will be the one indicated on our website at the time of your order. All our prices are expressed in euros.

Article 4: Payment

The purchase amount is payable immediately at the time of order and payment may be made using a payment card or by means of a PayPal account that you already possess, or one that is opened with PayPal at the time of order.

Cards that are issued by banks domiciled outside of France must necessarily be international bank cards.
Card payments are made secure by the PAYBOX service. Your bank details are processed directly on the PAYBOX server and are not communicated to the TOP SELLERIE LLC at any time.

Article 5: Delivery

Delivery of your order will be made to the delivery address indicated at the time of order, unless otherwise arranged. The Client must always take responsibility for the goods during transport.
In the event that the parcel is damaged upon receipt, the onus is on you to express a reservation to the delivery person.

In accordance with article L.121-20-3 of the consumer code, your order will be fulfilled within thirty days of the day following that on which you receive the receipt for your purchase via the Internet, unless some other prior arrangement has been agreed upon.

In the event that you choose to place an order by providing your original seat, the order can only be processed upon receipt of the latter, and the delivery time will run with effect therefrom.

Article 6: Products

All our products bear the Top Sellerie brand, which is debossed onto seats, embroidered onto petrol tank covers and bags, and silk screened onto scooter leg covers.

Any product modification (halt in the production of a reference material, doing away with embroidery, or any other changes in general) cannot be contested if it has been expressly mentioned on the homepage of our website.

Article 7: Returns and Refunds

In accordance with article L.121-20 of the consumer code, the consumer has 14 clear days in which to exercise his right of withdrawal without giving a reason therefor or incurring a penalty, with the exception, where applicable, of the cost of returning the goods.
The consumer may exceed this time limit in the event of him being unable to travel and simultaneously needing to call for an immediate service that is essential to his conditions of existence. In which case, he shall continue to exercise his right of withdrawal without giving a reason therefor or incurring a penalty.
The time limit indicated in the preceding paragraph runs with effect from receipt of the goods ordered. Notwithstanding, the cost of returning the goods are at your expense, except if the return is the result of an error on our part.

Only products that are returned whole (accompanied by the relevant invoice number), in the original packaging and of the same condition as that in which they were received will be accepted for returns or exchanges.
However, in accordance with the provisions of article L 121-20 of the consumer code, the Client cannot return a seat if he chooses a personalized version of the seat ("custom-made" using the seat configurator) but ultimately finds that it is not to his liking.

In all other cases, products must be returned to the following address: TOP SELLERIE - 1, rue du Cours - 61500 SÉES - FRANCE. Once this seven-day period has elapsed, the order shall be considered duly completed and the delivered products deemed to be accepted by you.

Article 8: Retention of Title Clause

The goods delivered shall remain our property until you have fulfilled all obligations towards us, especially with regard to full payment of the purchase price, plus interest where applicable.
This retention of title clause does not stand in the way of the transfer of risks that you must bear with effect from the date on which the ordered products leave our premises according to the provisions of Article 5.

Article 9: Guarantee against Hidden Defects and Liability

In the event that the products delivered contain a hidden defect, we may choose to eliminate this defect or replace the defective product by another. If we do not wish or are unable to eliminate this defect or replace the defective product, or if we are unable to do so in a timely manner owing to elements or circumstances beyond our control, you may choose either to return us the product for a full refund of the purchase price and the return shipping expenses, or request a discount on the purchase price.

The products that we offer are in compliance with the current French legislation. We shall not be held liable in the event that the delivered product does not comply with the legislation of the delivery country.

Similarly, our liability may not be incurred on account of the content of certain websites whose hypertext links may be found on our website.

We shall make every effort that is customary in our profession to provide the best possible service to the Client. Notwithstanding, we shall not be held liable in the event that we are unable to fulfill our contractual obligations owing to accidental or force majeure events such as natural disasters, fires, floods, wars, riots, accidents, or the impossibility of obtaining supplies.

Article 10: Privacy and Personal Information Protection

The confidentiality of all your personal data shall be preserved.
All personal data that you provide us shall be treated with the utmost confidentiality, in accordance with the provisions of our policy on the protection of personal information. When you make a purchase, only information that is necessary for guaranteeing the quality of our services and the processing of your order will be requested. We do not sell, commercialize, nor rent such information to any third party.

Under article 27 of the French law of January 6th 1978 on data processing, files and individual liberties, you have the right to access and rectify the data concerning you. To do so, simply send us an email at contact@topsellerie.com.

By agreeing to these Terms of Sale, you implicitly take cognizance of our policy on the protection of personal information and consent to the collection and use of this data by us.

Article 11: Applicable Law and Competent Jurisdiction

The present Terms of Sale are subject to French law and the Vienna Convention on contracts for the international sale of goods, with the exception of the United Nations law on sales.

Any disputes relating to the commercial relationship that exists between you and we are subject to the exclusive competence of French jurisdictions, unless otherwise requested in cases where the country of residence is outside of France.