Terms & Conditions
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1. INTRODUCTION
1.1 These conditions of use and sale shall apply for the website access and the sale of products by Top Crystal on this website https://www.topcrystalstockholm.com (the “Conditions of Use and Sale”).
1.2 The Conditions of Use and Sale version 1.1 is applicable from 01 January 2021, and until replaced or changed pursuant to Section 18 below.
2. DEFINITIONS
2.1 “Agreement” means these Conditions of Use and Sale.
2.2 “Customer” means the party ordering Products on the Website.
2.3 “Top Crystal Stockholm” means Top Crystal, reg. no. 670802-6411, Frimurarvägen 26 apt. 1101 127 60 Skärholmen (visiting address Karlavägen 8, 11424 Stockholm), which is the supplier of the Products provided on the Website.
2.4 “Product(s)” means the products provided for sale on the Website and supplied by Top Crystal Stockholm.
2.5 ”Order” means each order placed by the Customer on the Website.
2.6 “Website” means Top Crystal Stockholm’s website https://www.topcrystalstockholm.com.
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3. CONFIRMATION AND REGISTRATION
3.1 In order to purchase Products on Top Crystal Stockholm’s Website the Customer must confirm his or her acceptance of all terms and conditions of this agreement by register for an account or by entering information on the checkout-page when doing a purchase.
3.2 The Customer accepts the Conditions of Use and Sale by register for an account or by entering information on the check-out page when doing a purchase.
3.3 The confirmation of the Conditions of Use and Sale and the registration for an account on the Website result in a binding agreement between the Customer and Top Crystal Stockholm (the “Agreement”) which will come into force in accordance with what is specified in these Conditions of Use and Sale.
3.4 An individual may not purchase Products on the Website, and may not accept the Conditions of Use and Sale (a) if the individual is not 18 years old and therefore not able to enter into a binding agreement with Top Crystal Stockholm, or (b) the individual is prevented from receiving the Products or using the Website under applicable legislation applying in the country where the Customer is residing, or from which he or she is using the Website.
3.5 In addition to this Agreement, the Customer and Top Crystal Stockholm shall be bound by the terms and conditions in Top Crystal Stockholm’s Privacy Policy (the “Privacy Policy”) referred to under Section 5.4 and Section 6.3.
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4. SECRECY
4.1. The Customer’s personal information submitted, user name and password are secret information. The Customer is entirely responsible for keeping and using his or her purchase information, user name and password in an adequate manner to maintain the confidentiality of these details so that no unauthorized person can gain access to these details.
4.2. The Customer affirms that the information he or she supplies to Top Crystal Stockholm is correct and up to date. The Customer also takes responsibility for updating this information as necessary.
4.3. The Customer must immediately report to Top Crystal Stockholm, by e-mail to info@topcrystalstockholm.com if there is any suspicion that an unauthorized person is using the Customer’s information. The Customer is responsible for every unauthorized use caused by the unauthorized person’s actions in case of misuse.
5. DATA PROTECTION
5.1. Top Crystal Stockholm safeguards the Customer’s personal integrity and maintains high-security standards in order to prevent infringement by unauthorized persons. When registering and using the Website to order Products, the Customer may be asked to provide certain data about himself/herself, such as name, username, e-mail address, telephone number, postal address, etc. Such information about the Customer is private and confidential. Top Crystal Stockholm will not disclose this information to any unauthorized person. Top Crystal Stockholm may, however, disclose data to authorities if there is suspicion of a criminal offense being committed or as otherwise required by law.
5.2. Top Crystal Stockholm will handle the personal data provided by the Customer in accordance with the General Data Protection Regulation (GDPR). Top Crystal Stockholm will use and manage the personal data for the following purposes:
a) for the supply of the Products and the administration of the Orders;
b) for quality control work, analysis and development of the Products;
c) for marketing purposes aimed at the Customer or for offers made to the Customer which fit in with Top Crystal Stockholm’s Products, or products or services supplied or marketed by Top Crystal Stockholm’s partners;
d) for publishing statistics about the Products; and
e) for the fulfilment of obligations laid down in law or the directives of public authorities.
5.3. Top Crystal Stockholm is the legal entity acting as the personal data controller for the Customer’s personal data. The Customer has the right, on a year by year basis and upon written request to Top Crystal Stockholm, to obtain information on which personal data about the Customer Top Crystal Stockholm is handling.
The Customer also has the right to demand that incorrect data are corrected, blocked or erased. The Customer may also notify Top Crystal Stockholm, in writing, at any time, that the Customer does not wish to receive direct marketing in the form of advertisements.
5.4. Top Crystal Stockholm’s processing of the Customer’s personal data is further set forth in the Privacy Policy which is incorporated into this Agreement by this reference and shall, therefore, apply to all actions taken under this Agreement.
6. THE WEBSITE'S USE OF COOKIES
6.1. Top Crystal Stockholm uses “cookies” to optimize the functions of the Website and to adjust it to the Customer’s demands. A cookie is a text file that is either temporarily stored in the Customer’s computer memory (a “session cookie”) or placed on the Customer’s hard drive (a “persistent cookie”) by a web page server. Cookies are not used to run programmes or deliver viruses to the computer.
6.2. Cookies are uniquely assigned to the Customer and the Customer’s computer and can only be read by a web server in the domain that issued the cookie. The purpose of a cookie is to tell the web server that you have returned to a specific page. When the Customer returns to Top Crystal Stockholm’s Website, cookies enable us to retrieve the information the Customer previously provided, so the Customer can easily use the features that he or she customized. For example, if the Customer registers for a purchase, a cookie helps Top Crystal Stockholm to recall the Customer’s specific information (such as name, e-mail, address, and preferences).
6.3 Information on Top Crystal Stockholm’s use of cookies is also provided in the Privacy Policy.
7. ORDER AND ORDER CONFIRMATION
7.1. All sale and purchase under this Agreement shall be referred to as an “Order”. An Order is accepted only under the terms of these Conditions of Use and Sale.
7.2. The Customer will place an Order on the Website by adding the Product(s) to the “Shopping cart” and then choose the payment method. The Customer must also enter his/her personal and delivery information, and choose the delivery method. To confirm the purchase the customer has to approve the terms of purchase and click ”Pay now”.
7.3. When the Order has been placed the Customer will receive an “Order Confirmation” via e-mail. The Order Confirmation will include all details of the Product(s), price(s) of the Product(s) including VAT (for shipment within the European Union) and any other fees, delivery date(s), delivery costs, terms for payment, information regarding the Customer’s right to cancel within the given period (as set forth in Section 14), applicable warranties and other services provided by Top Crystal Stockholm, and the terms to cancel the Order.
For shipments outside the European Union, the Order Confirmation do not include local fees or customs duties. These costs shall be paid by the customer to local authorities.
8. DELIVERY
8.1. Delivery of the Products will normally take place within such time period from time to time disposed of by Top Crystal Stockholm for the relevant Product unless otherwise agreed or set out in the Order Confirmation, and will be delivered to the Customer by registered mail. (the “Delivery”). Top Crystal Stockholm reserves the right to possibly adjust the delivery time.
8.2. For orders with Delivery within Sweden we offer free shipping and free returns with Airmee. With PostNord, we offer free shipping on orders over 500 SEK.
Top Crystal Stockholm reserves the right to adjust these freight rates and service fees in accordance with price increases occurring during the period between the day when the Order was placed and the day of Delivery.
8.3. If the package is not picked up, the Customer will be charged 350 SEK for freight and handling costs. This fee will be invoiced afterward.
8.4. The risk for the Product passes to the Customer when the Delivery is made in accordance with Section 8.1 above.
9. DELAY
9.1. Delay on behalf of Top Crystal Stockholm exists if the Product(s) is/are not delivered or not delivered on time and the delay was not caused by the Customer, other causes for which the Customer is not liable, or force majeure.
9.2. Upon delay, the Customer is entitled to withhold payment and claim performance of the Order or, if the delay is of major importance to the Customer, cancel the Order.
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10. LIABILITY FOR DEFECTS
10.1. Product is defective if the Product deviates from what is set forth in the Order or in any respect deviates from the Customer’s legitimate expectations based upon information provided by Top Crystal Stockholm. Unless otherwise provided for in this Agreement, the Products shall be fit for the purpose for which products of a similar kind are generally used, and possess the characteristics which Top Crystal Stockholm has referred to by providing samples or models.
10.2. The Product shall also be deemed to be defective if Top Crystal Stockholm, prior to the sale, failed to inform the Customer of a matter relating to the characteristics or use of the Product of which Top Crystal Stockholm was aware or should have been aware, and about which the Customer could reasonably expect to be informed, provided that such failure can be presumed to have influenced the purchase.
10.3. If a Product is defective the Customer has the right to claim repair, re-delivery, price reduction or compensation to rectify the defect, withhold payment, or, if the defect is of major importance to the Customer, cancel the Order.
10.4. Top Crystal Stockholm has primarily the right to offer repair or re-delivery if it can be made within a reasonable time and without any additional costs for the Customer.
10.5. Top Crystal Stockholm is only responsible for original defects, which means that the defect existed prior to the time the Product was purchased or delivered. Within a limit of six (6) months, the defective Product is considered to be an original defect, which must be remedied by Top Crystal Stockholm free of charge unless Top Crystal Stockholm can prove that the defect was not present at the time of the sale. After six months period, the Customer must prove that the Product had the original defect at the Delivery.
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11. COMPLAINTS AND RETURNS
11.1. The Customer must make a complaint of the defective Product to Top Crystal Stockholm within a reasonable time after the defect was discovered.
11.2. The Customer must notify Top Crystal Stockholm, orally or in writing, and explain why he or she considers the Product to be defective. If the complaint is made within two (2) months after the defect was discovered it is always made on due date. After three (3) years the Customer has lost his/her right to make a complaint, provided that no warranty states otherwise.
11.3. The Customer shall perform the return either online via mail or in the Top Crystal Stockholm Concept store (only available in Stockholm, Sweden). For all returns, a return slip has to be ordered from Top Crystal Stockholm on info@topcrystalstockholm.com.
The return slip must be filled out and be sent with the defective Product. Online returns must be sent to Top Crystal Stockholm by trackable shipping. Returns in the Top Crystal Concept store is possible in Stockholm, Sweden for the time being.
11.4. Top Crystal Stockholm will bear the return costs if the Product(s) is/are defective or wrongly delivered.
11.5. If repair or re-delivery is not made within a reasonable time after the complaint was made, the Customer has the right to claim a price reduction or to cancel the purchase of the relevant Product.
11.6. The right to cancel is exercised by sending an e-mail to info@topcrystalstockholm.com or visiting the Concept store. Upon cancellation of the purchase of the relevant Product, the Customer shall return the Product in accordance with the return procedure stated in Section 11.3 above.
In case of disputes, Top Crystal Stockholm, following ARN (https://www.arn.se/) and EU Online Dispute Resolution (https://ec.europa.eu/consumers/odr/main/).
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12. PRICES
12.1. The price(s) of the Product(s) is/are stated in the Order Confirmation.
12.2. Prices in the Order Confirmation includes applicable VAT (presently 25 %) and any other taxes if delivered to countries within the European Union.
Delivery costs and potential C.O.D fees are not included and will be added, and paid by the Customer. Customers purchasing Products from countries outside of the European Union may also be obligated to pay local customs duties. Customs duties are not included in the price(s) on the website or in the Order Confirmation when the order is made to countries outside the European Union and any customs duties payable shall be paid by the Customer to the Customs or relevant authorities in the country where the Products are finally delivered. Exceptions for Norway where prices include VAT.
12.3. The prices stated on the Website and in each Order Confirmation are given with reservation for increased supplier prices, printing errors, any incorrectly stated specifications and also for clearance sales.
13. PAYMENT
13.1. The Customer will pay the prices at the times stated in each Order Confirmation referred to under Section 7.3 and Section 12 above.
13.2. The payment can be made with credit card or against an invoice. Invoicing is only possible for Customers in countries where Klara Checkout is available. The invoice is administrated and owned by Klarna AB who is the recipient of the payment. For an overview over countries where Klarna Checkout is available to see www.klarna.se.
13.3. The payment shall be made within fourteen (14) days from the invoice date in case of credit payment. In the case of credit card payment, the due amount will be drawn immediately.
13.4. In the event of late payment, penalty interest shall be payable according to an interest rate which by eight (8) percentage units exceeds the reference rate under the Swedish Interest Act.
13.5. The Product(s) shall remain the property of Top Crystal Stockholm until full payment has been made.
13.6. Our gift cards can be used in all of our concept stores. If you would like to use a gift card in another country than it was purchased in, the currency is recalculated so that 1 EUR = 10 SEK.
14. RIGHT TO CANCEL WITHIN THE GRACE PERIOD
14.1. Product(s) available for purchase on the Website are made uniquely for the Customer in a specifically chosen size, metal and set with possible gemstone(s). This means that all products are specially manufactured and are not covered by the Distance Selling Law for e-commerce (usually 14 days).
For Orders with Product(s) that are manufactured uniquely for the Customer, we offer a 48-hour right of cancellation. The cancellation of customised products particularly made for the Customer is only possible within (48) hours after the Order is made.
If the Customer contact Top Crystal Stockholm by e-mail to info@topcrystalstockholm.com or by visiting the Concept store within 48 hours after placing the order, Top Crystal Stockholm is able to offer a full refund and cancel the order.
This holds for all orders placed online, in the showroom or via email. After this 48 hour-mark, we will no longer be able to cancel, exchange or return your order. This is due to the customised work of crafting a Top Crystal Stockholm jewelry piece.
15. EXCHANGES
15.1. Product(s) available for purchase on the Website are made uniquely for the Customer in a specifically chosen size, metal and set with possible gemstone(s). This means that all products are specially manufactured and are not covered by the Distance Selling Law for e-commerce, which is usually 14 days.
Exchanges are not possible for products that are custom produced for the Customer and products with custom made engravings or modified products.
15.2. If the Product(s) do not match the criteria and the description stated in the product description - do not hesitate to contact us immediately upon receiving your jewelry, at the email address you received when placing your order.
See 11. Complaints and returns, for information about how to make complaint if the Product(s) is defective.
16. CONTACT
16.1. Communication between the Customer and Top Crystal Stockholm, and vice versa occurs via e-mail, by telephone or ordinary mail as follows:
TOP CRYSTAL STOCKHOLM:
E-mail: info@topcrystalstockholm.com
Phone number: +46 (0) 76 256 35 75
Address: Top Crystal Stockholm,
Karlavägen 8, 114 24 Stockholm, Sweden
CUSTOMER:
E-mail, phone number, and address: as per the latest details are given to Top Crystal Stockholm.
17. FORCE MAJEURE
17.1. Top Crystal Stockholm shall relieved from liability for a failure to perform any of its obligations due to any circumstance which impedes, delays, or aggravates any obligation to be fulfilled under this Agreement, such as acts or omissions of authorities, new or changed legislation, conflict on the labour market, blockade, fire, flood, shortage of transport means, goods or energy or major accidents as well as defects or delay related to deliveries from sub-contractors caused by such circumstances (“Force Majeure”).
17.2. When Top Crystal Stockholm desires to invoke an event of Force Majeure Top Crystal Stockholm shall notify the Customer thereof without unreasonable delay.
17.3. Notwithstanding Section 17.1-17.2 above and without limiting the Customer’s rights under Section 9, the Customer is entitled to terminate this Agreement with immediate effect by notifying Top Crystal Stockholm if the fulfilment of any material obligation under this Agreement should be delayed due to a Force Majeure event by more than three (3) months.
18. ALTERATION AND AMENDMENTS TO THE CONDITIONS OF USE AND SALE
18.1. Top Crystal Stockholm reserves the right to make changes to the Conditions of Use and Sale from time to time. If any changes are made to the Conditions of Use and Sale, Top Crystal Stockholm will make available a new copy of the Conditions of Use and Sale on https://www.topcrystalstockholm.com and https://www.topcrystalstockholm.se.
18.2. However, Top Crystal Stockholm retains, at all times, the right to undertake changes and measures, immediately and without prior information, by reason of legislation, or the guidance or directives of public authorities.
18.3. Any amendments to or modifications of the Conditions of Use and Sale will be made in writing and Top Crystal Stockholm will make available a new copy of the Conditions of Use and Sale on https://www.topcrystalstockholm.com.
19. ENTIRE AGREEMENT
19.1. These Conditions of Use and Sale constitute the whole agreement between the Customer and Top Crystal Stockholm and shall govern the Customer’s purchase of the Product(s).
20. APPLICABLE LAW AND DISPUTES
20.1. Swedish law shall apply for this Agreement, without regard to its principles of conflicts of laws.
20.2. Any disputes shall be determined either by a Swedish court of general jurisdiction or in the courts of the country where the Customer is domiciled.
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